Since the Supreme Court’s Dobbs decision, we have all been hearing horror stories of women suffering due to the lack of reproductive rights. There is fear and outrage. This need not be, especially when there is a clear legal strategy to address the problem which is being ignored. Missing from the discussion is a national solution that is consistent with current laws and the Constitution. All that is required is our belief in every U.S. citizen as being equal under the law.

The truth is that throughout our history, SCOTUS has been, and is, in the habit of doling out rights incrementally to individual groups, like door prizes, for those with the resources and determination to jump through the legal hoops. The court often makes narrow decisions, cherry picking the Constitution for societal and cultural expediency. However, the Constitution makes no distinction between individual groups; it only speaks of the People. Nowhere are there specific designations as to which groups or people are entitled to what specific rights.

To come to a solution about reproductive rights, you must first consider whether the states have the ability to deny safe and approved treatment for any group’s medical condition. Even if you conclude that they do, there is no escaping the subsequent question: can states practice discrimination? According to the 14th amendment, they absolutely cannot. Any legal decision states can make about regulating medical procedures must not discriminate. Which leads us to ask (according to the Constitution): what is the legal status of a fetus? Does it have constitutional rights? The Constitution has never established the fetus as a person and, as such, it cannot have constitutional rights. State governments have no ability to bestow these rights at any point. 

By law, a fetus becomes a person only after birth; every secular institution recognizes this. Prior to that time, pregnancy is legally a medical condition, and under constitutional law, women can access treatment for their unique condition like everyone else. We must demand the courts accept that people are all equal under the law: states cannot target an individual group for special treatment and deny them rights that others enjoy. Decisions about the medical condition of pregnancy must therefore be legally and morally left to the woman and her physician.   

I have developed this flowchart to help you understand my position, and conclusions.   See 

https://ehstnc.org/wp-content/uploads/2024/08/RR-Flowchart-J-Prime-1-scaled.jpg

I have some upcoming speaking engagements I hope you will consider attending.  Here’s the flyer with details: 

https://ehstnc.org/wp-content/uploads/2024/08/RR-Flyer-Sept.png

Signed,

The Board of Directors of Ethical Humanist Society of the Triangle. 

Solomon Gibson, III, author.  All rights reserved.