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I would encourage anyone about to make a blithe comment about embryos being people to consider how they would feel about criminal charges against someone who murders a pregnant woman.

I'd also recommend everyone read this sentence:

>]he Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation. It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding ‘unborn life’ from legal protection.”

...before complaining about unaccountable judiciary.



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Misleading comment. You're talking about murder but this only involved embryos. Many/most people don't consider that murder any more than the spilling of seed is. If you want to push a political view don't couch it as a systemic complaint.

> an embryo is not a person > but embryos aren't in that grey area, not even close.

You're begging the question. You haven't provided any reasons or arguments for your position. You've merely re-asserted it. It's akin to saying "It's true that x, because it's true that x".

How is my judgement that an embryo is innocent arbitrary? What crime has the embryo committed? What did it do to warrant being killed?

The trouble with your position is that you have to make an arbitrary judgement. You have to arbitrarily judge the fetus to be a person at some point. Is it at 12 weeks, 6 days, 32 weeks? The day before it is born? When, exactly? What criteria are you using for making that judgement? Why not the day before? Why not a day later?

My position doesn't require making an arbitrary judgement, or answering any of those silly questions. It requires making an intuitive, simple, straightforward observation: from the very moment that the sperm and the ovum meet and the genetic material between the two is exchanged (i.e., the egg is fertilized), a new human life is formed, with its own ends and identity. If nature takes its course, the person either dies naturally and the mother miscarries, or the embryo continues to develop and is subsequently born.

Further, I'm not just designating "any human cells" as innocent. I can't just designate "any human cells" and make them develop in the way that an embryo or a fetus develop. I'm talking about a specific group of spells, easily identifiable as distinct from the cells of the mother, that act in unison and coordination with one another through pregnancy to further develop the human being that has been there from the very beginning. If that is an arbitrary grouping of human cells, then I don't see how the same point can't be made to you, or to me (simply being an arbitrary collection of human cells), but everyone would recognize that this (you are an arbitrary collection of human cells, in contrast to a fully-fledged human 'life') would be absurd.

In addition, you seem to be implying that we need to use different definitions of murder in different contexts, but I don't see that's the case. How isn't the definition I provided inclusive of every instance of murder?


I wrote an excessively detailed comment on the implications of an artificial wombs from a legal perspective in the US: https://news.ycombinator.com/item?id=37308675#37314083

TLDR: it's not as simple as just "fetus", but there is much disagreement around when a developing clump of cells becomes protected under the law.


Well, if you're allowing abortion on the basis that an embryo isn't human life, you're by extension allowing this.

Although "Murder is the intentional killing of an innocent human life" sounds like a reasonable definition out of context, you've presented a context in which "innocent human life" just means any human cells that you've arbitrarily judged "innocent". I'm going to guess this dodge is here because you support, or at least wish to avoid antagonising, people who believe that killing other people is a legitimate criminal punishment and so somehow it's not "murder" if the state chooses to do it. Although it's also possible you condone extra-judicial killing, with the same dodge, it's OK to torture somebody to death so long as you know, they're bad guys...

Anyway, a more reasonable definition of murder requires the victim to be a _person_ and an embryo is not a person.

Personhood is a strange phenomenon, and there's definitely room for a grey area. But embryos aren't in that grey area, not even close.


Here's the issue. If a fetus is a person, that person has the rights granted to them by the constitution. This includes:

* Right to an attorney to represent it and its needs. (6th Amendment)

* And the right to bring a Habeas Corpus suit before the court.

In short the argument is going to go like this:

Jail is a dangerous place. If the mother is killed, likely the fetus/person will be killed as well. Hence the Habeas plea.

I think if you are at all serious about fetuses attaining personhood status (with all the rights and privileges thereof), you would want the court to do something to protect the life of the fetus here, even if the court can't separate the mother from the fetus.


Generally this argument holds very little water beyond making a gotcha-style bad-faith argument.

People understand that murder is illegal - but life isn't just two states. Alive or Dead. If we were living in 20,000 BCE then maybe we could be forgiven for thinking this way, but we live in an advanced, modern, (presumably) ethical civilization where life is about flourishing and giving everyone opportunities to thrive.

Focusing on the fetus's rights, yet condemning children to a life that's designed from the start to prevent flourishing is the conundrum people are referring to and pointing out the hypocrisy of.


Sure, but this is a very specific case where you cannot really do that without being completely disingenuous (which to be clear, may be the outcome that happens).

You can very easily not send a child to jail (because they have full legal personhood), but right now this fetus is considered 'part of the mother' as it relates to incarceration.

Hard to argue that a fetus has some constitutional rights, but isn't subject to the Fourth Amendment.

Like I said, a judge will make the argument that the fetus' environment is the womb and by that definition, their circumstances have not changed by being in jail, but that feels thin?


At what point in pregnancy do you believe that an embryo/fetus becomes a person deserving of the same protection under the law as you and me?

I agree but this found all over the law in many instances around age / birth.

In states where personhood is established at birth, you can still be found guilty of murder if your actions result in the death of a unborn person outside the limited exemption of medical abortion.


An embryo is not a human (and I say so as a father and former embryo myself) so it is not murder!

In most of the US, that's legally double homicide.

The point is for people making snarky comments such as "can the embryo run for president in 35 years?" and "can I claim it on my taxes?"

The legal system has different levels of protection all across the US, federally and on a state level, for unborn children/fetuses/however you want to call it. Being granted one legal status does not automatically grant all legal statuses. Pretending otherwise is just willfully ignoring centuries of established legal practices to make a petty point that doesn't actually hold up.


Yes. It applies to all unborn children. The central question presented in these consolidated appeals is whether the Act contains an unwritten exception to that rule for extrauterine children -- that is, unborn children who are located outside of a biological uterus at the time they are killed.

The circumstances of the case, that is that it involves death of embryos kept in a cryogenic nursery, is not material to the validity of the argument.

They did not say: even if they are embryos. They said all unborn children.

This does not mean embryos ARE children. That was not what was argued nor what the court decided upon. You are inferring meaning outside the scope of the ruling. They side stepped the part you are upset about. They are very, very clear that this is about unborn children. The word embryos only appear once - while discussing the surround context, not the finding of the court or the question they were answering.


> just please don't kill anyone in the process.

Ah, there's the rub: How to define "anyone."

(In my 1960s Catholic family, my parents encouraged us four kids to discuss issues of the day at the dinner table. One night the discussion was about abortion, and specifically, when does a fetus become human. My dad joked that he often wondered whether fetuses didn't become human until they could cut their own meat ....)


If you hit an animal with your car, do you leave it to bleed out because it isn't a person and thus can't be vulnerable?

We don't agree that an unborn fetus isn't yet a person. I was deconstructing your logic. I think a person is created the moment sex cells fuse. Sometimes I even think about the hypothetical potential of a person and what they'd want me to do, such that they could one day exist and tell me.

My use of the word 'murder' is for dramatic effect to emphasize my beliefs. I concede that it's an opinion counter to the current laws, and thus technically incorrect. Still gonna call it that though.


> Is a fetus that's developed for 8 months a person? Yeah, at that point it could exit the mother and be a (somewhat) functioning being.

I could argue that ability of an organism to survive on its own is not a requirement nor a sufficient criteria for neither personhood (a legal construct) or anything in lines of sentience, self-awareness and sapience (philosophical constructs commonly associated with a person, although it's not a clear cut - e.g. a person may become incapacitated and is still considered a person).


A fetus not a child, but concluding that it deserves no protection isn’t a foregone conclusion.

I mean people who injure a pregnant woman and it results in fetal death are criminally charged. So in that case we do consider it worthy of protection under the law.


I’d like to engage, but I’m unsure what your point is.

Adding exceptions is antithetical to the belief it is murder. One does not get to murder another person because they were a child of incest. On the other hand, not adding an exception for abortion is monstrous.

If you agree that forcing a woman to give birth to a child of rape or incest is monstrous, then maybe you’ll agree abortion isn’t murder. If you think it’s not monstrous, I hope it never happens to you or someone you love just to be taught a hard lesson in empathy for others.

I’m unsure why you’re quoting the definition of a legally induced abortion and why you feel it important to your argument.


Making the claim that fetuses are somehow not human beings is an example of a purely political statement.
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