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In reply to the discussion: Texas Woman Charged With Murder for 'Illegal Abortion' [View all]CrispyQ
(36,470 posts)82. Will they give her the death penalty?
In their eyes women are slaves to the precious fetus.
Abortion and the 13th Amendment
2010
Forced Labor, Revisited: The Thirteenth Amendment and Abortion
Andrew Koppelman
Northwestern University School of Law, akoppelman@law.northwestern.edu
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1031&context=facultyworkingpapers
snip...
I. The basic argument The Thirteenth Amendment reads as follows:
My claim is that the amendment is violated by laws that prohibit abortion. When women are compelled to carry and bear children, they are subjected to "involuntary servitude" in violation of the amendment. Abortion prohibitions violate the Amendment's guarantee of personal liberty, because forced pregnancy and childbirth, by compelling the woman to serve the fetus, creates "that control by which the personal service of one man [sic] is disposed of or coerced for another's benefit which is the essence of involuntary servitude."6
Such laws violate the amendment's guarantee of equality, because forcing women to be mothers makes them into a servant caste, a group which, by virtue of a status of birth, is held subject to a special duty to serve others and not themselves.
2010
Forced Labor, Revisited: The Thirteenth Amendment and Abortion
Andrew Koppelman
Northwestern University School of Law, akoppelman@law.northwestern.edu
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1031&context=facultyworkingpapers
snip...
I. The basic argument The Thirteenth Amendment reads as follows:
1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
2. Congress shall have the power to enforce this article by appropriate legislation.
My claim is that the amendment is violated by laws that prohibit abortion. When women are compelled to carry and bear children, they are subjected to "involuntary servitude" in violation of the amendment. Abortion prohibitions violate the Amendment's guarantee of personal liberty, because forced pregnancy and childbirth, by compelling the woman to serve the fetus, creates "that control by which the personal service of one man [sic] is disposed of or coerced for another's benefit which is the essence of involuntary servitude."6
Such laws violate the amendment's guarantee of equality, because forcing women to be mothers makes them into a servant caste, a group which, by virtue of a status of birth, is held subject to a special duty to serve others and not themselves.
~more at link
Parents can't be compelled to donate their organs to their child, even to save the child's life. Why does a fetus have more claim on a woman's body than her child who has been born?
I would add that when you place life in a hierarchy and claim one life has more value than another, all the "sanctity of life" arguments lost their validity.
THE MOST IMPORTANT DECISION A WOMAN CAN MAKE ISN'T YOURS.
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THIS is why I could never watch the show. Hit too close to reality and prescient to what is to come
hlthe2b
Apr 2022
#81
The Constitution says clearly that an offspring is not deemed a person of citizenship until they
TeamProg
Apr 2022
#11
good luck. prob 100 RW radio stations in texass. but 5 universities broadcast sports on, support, 16
certainot
Apr 2022
#31
Told by a bounty hunter for the $10,000 reward. It certainly would be only fair if their names...
Hekate
Apr 2022
#52
We are in "civil war." They want us in bondage or serfdom with no rights except fealty. Fuck 'em.
Evolve Dammit
Apr 2022
#35
Thanks for the heads up. In case you missed it another poster already posted to make me aware.
Fla Dem
Apr 2022
#114
Time to take to the streets big time! This is fucked up on an epic level! nt
Quixote1818
Apr 2022
#41
Is there a Go Fund Me page to donate to help bail her out? I hope this is a case for the ACLU.
in2herbs
Apr 2022
#44
Just an observation, Native...if we cannot get people to turn out en masse to
PatrickforB
Apr 2022
#46
The War is here. Old Testament patriarchs fighting a rear guard war against equal rights.
Martin68
Apr 2022
#48
It sounds that way, but I read several articles that state this is how they will be able to go after
Native
Apr 2022
#75
Or the hospital has some ridiculously, overarching reporting policy designed to cover their
Native
Apr 2022
#89
Texas will next start burning women at the stake suspected of witchcraft. Bonfires of Vanities up
Pepsidog
Apr 2022
#86
Certainly not at the top of the list of awfulness in this story, but...
BobTheSubgenius
Apr 2022
#87
It didn't escape my notice that the first person to get charged was a minority
Blue_Tires
Apr 2022
#92
Take us back to the glorious days of witch dunking tanks, GOP... Take us back...
Blue Owl
Apr 2022
#99