We are a Democracy, not a Theocracy. The constitution and founding of this country CLEARLY outlined freedom of religion and separation of Church & State. Creating or judging law based on ANY religion's specific views is a violation of our most basic and original constitutional law.
“Life begins at conception” is a religious/philosophical opinion, not a question of law and the Supreme Court KNOWS this because it has been clearly established since our country’s founding that Personhood and constitutional rights begin at birth. How do we know this?
- American Citizenship is established by location AT BIRTH not at conception.
- Your personhood in every single document required to prove your legal identity is tied to your birth, not your conception. Birth certificate, state ID, Social Security, Tax ID.
- Age in relation to the application of law, ability to be charged with crimes, criminal sentencing, ability to enter contracts, drive, etc. all calculated based on moment of BIRTH.
- If personhood was established at conception fetuses would already have all the legal rights of citizenship - it would be illegal to incarcerate pregnant persons because it would be a denial of due process to the fetus, child tax credits and stimulus payments would be owed by the government (FYI Republicans blocked it because - shocker! A fetus isnt a person even to them) child support would start immediately at conception, etc. etc.
- The Supreme Courts JOB is to decide the legitimacy of case law and legislated law by the application of constitutional law which can ONLY be changed by due process of ratified amendments. The 14th amendment is ALREADY law. And as the 14th amendment states in THE FIRST LINE:
Amendment XIV
Section 1.
All persons BORN or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of CITIZENS of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Keyword there - Persons BORN are citizens.
No State shall make or enforce ANY law abridging the privileges or immunities of CITIZENS. Pregnant American CITIZENS cannot be deprived life, liberty or property.
So if the court's ruling is not based on law… then it is only based on religious opinion. That is not democracy. That is not constitutional originalism either because separation of church and state is in the original constitution as the founders they love to invoke wrote it.
