Uh, because the mother is a person in all legal meanings, and the zygote/embryo/fetus (depending on it's developmental state) is not.
I'm asking why there should be a difference between the two. Why should developmental stage matter with respect to personhood? If we took this position to its logical conclusion, would we not also be able to say that because you are less developed, I can kill you?
Belief is irrelevant. In the indian case (Standing Bear v. Crook), the issue of tribal association was a technical issue of standing to sue. Under the law of the time, an indian had no individual rights other than such rights as might be conveyed or agreed upon by the United States to such tribe as a whole. Standing Bear took the position that he renounced his association to any tribe, and thus could not be relegated to a collective and inferior status as a member of the tribe.
If the state can arbitrarily define some persons to be people, and others not to be persons, then the state has now granted itself the right to kill whomever it wants. The word inalienable, means that the rights are not granted by the state, but are instead recognised by the state. One could even argue that the state cannot assert such authority, as the primary duty of the state is to recognise and protect the inherent rights of all men.
I suggest you study some biology. You've decided the issue on religious grounds, and now you simply adjust the meaning of terminology and concepts of biology to fit what you've already decided.
Biologically, human life begins at conception. The question here is whether the state should now recognise that human life, in all stages of development, ought to be considered a person.
One's "nature" as a "person" is a subjective concept.
The biological condition of an undifferentiated cell or a 3-day embryo is different from that of a 15 week fetus, or a full term fetus.
You were once an embryo, and a fetus, MtG. The only thing that has changed is your age. People grow, from conception, through various stages of development in a continuum. Zygote, embryo, fetus, infant, toddler, adolescent. All names for different stages of development.
say before the fetus has a brain or vertebrae.
At that time, this is what you have.
Head
Brain structure of the fetus is complete and the brain mass increases rapidly
Socket for all twenty teeth are formed in gums.
Face has human appearance (nasolacrimal groove, intermaxillary segment).
Separate folds of the mouth fuse to form the palate.
Early facial hair follicles begin to develop.
Thorax
Vocal cords form in larynx and fetus can make sounds.
Abdomen
Intestines have migrated into abdomen from the umbilical cord. Digestive tract muscles are functional and practice contraction.
Nutrient-extracting villi line the now folded intestines.
Liver start to secrete bile, a thick, brown-green liquid containing bile salts, bile pigments, cholesterol and inorganic salts. The bile is stored in the gall bladder.
Development of thyroid, pancreas and gall bladder is complete. Pancreas starts to produce insulin.
Pelvis
Genitalia begin to show female characteristics (labium minus, urogenital groove, labium majoris) and male characteristics (glans penis, urethral groove, scrotum). Neither male nor female genitalia are fully formed.
Limbs
Fingernails begin to grow from nail beds.
Skin & Muscle
Fetus develops reflexes and the skin is very sensitive.
Nice strawman - there is no legal concept of "more of a person" or "less of a person." Is this something like "more pregnant" or "less pregnant?"
You are a person, or you are not. It's a legal term. Prior to birth, you are not.
You are a person, or you are not. It's a legal term. Prior to birth, you are not.
I agree with you, you are either a person, or you are not. You cannot be a 'potential' person, nor can you be 'less than fully a person'.
So the question now becomes, where should that line be drawn? What age, MtG?
You have already conceded that the distinctions in the second trimester are arbitrary, so what makes these distinctions more arbitrary then those in the first trimester?
The only thing arbitrary about "viability" is that on the margins, it is subject to legitimate differences of expert opinion.
but the non-arbitrary alternative is "any time before birth."
in that pre-viability it's very hard to build a rationale for a superior set of rights on behalf of something that can not exist independently of, or outside the body of, a single specific individual.
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