CycloWizard
Lifer
- Sep 10, 2001
- 12,348
- 1
- 81
Why does the right rest with the mother? I've never heard a reasonable explanation for why this would ever be the case. As I said, government exists for the purpose of protecting the cardinal rights of all citizens (or persons, as they boil down to being equivalent). If you deny that a zygote/embryo/fetus has the right to life, you have to be able to demonstrate why they should not warrant rights. This is exactly why I posted my definition of a person. You cannot arbitrarily decide to rescind someone's rights, which is what you're suggesting. If you would err on the side of removing a mother's right, then you would accept that a zygote is a person. While this may actually be incorrect, it is the only way to be safe.Originally posted by: 3chordcharlie
The problem is that at some point I think the right still rests with the mother, and the fetus is not yet truly a human being. Perhaps there are concrete criteria that could narrow this down to the day and hour that it occurs, but I doubt it. Therefore there needs to be a decision on a 'cut-off' point. Given the uncertainty, I would acept a cut-off that attemppted to err on the side of harming the mother's rights rather than the child's, but I don't see any way it could realistically be anything other than arbitrary.
As an analogy, I would point out that I have spoken out several times regarding the situation in Gitmo with imprisonment without trial. The removal of the right to liberty (another of the cardinal rights that government exists to protect) without due process is deplorable. Even if 99% are terrorists, I would rather that they all be let go than imprison one wrongly. The same principle applies here. Government must always err on the side of protecting rather than rescinding rights of individuals, even if this could have negative consequences, since any consequences without the proof needed for conviction is, legally speaking, mere conjecture.
