So far this year, lawmakers in at least 12 states have introduced legislation that would treat fetuses as people and leave women who have abortions vulnerable to being charged with homicide – a charge that, in several of these states, carries the death penalty.
Once seen as politically toxic, this kind of legislation has become more popular in the years since Roe v Wade fell, erasing the national right to abortion. This likely comes as no surprise to Mary Ziegler, a professor at the University of California, Davis School of Law and one of the foremost commentators on the US abortion wars. The anti-abortion movement, she writes in her new book Personhood: The New Civil War Over Reproduction, has really “always been a fetal-personhood movement” – one that is so emboldened, it is increasingly unconcerned with public opinion or even democratic norms.
Fetal personhood is the belief that embryos and fetuses deserve the legal rights and protections afforded to people. If taken to its logical conclusion in US law, this belief would not only totally outlaw abortion, but also risk pitting the rights of fetuses against the rights of the women carrying them in all kinds of circumstances. In the first year after the US supreme court overturned Roe, at least 200 people were prosecuted for conduct relating to their pregnancies. Most of these cases involved charges of child endangerment, abuse or neglect – language that treats fetuses as children.
