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In reply to the discussion: 'Roe is dead': Ohio and Kentucky abortion laws preview a future without it [View all]CrispyQ
(41,162 posts)1. Forced Labor, Revisited: The Thirteenth Amendment and Abortion
I wish the pro-choice groups would add this argument to their toolbox.
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?
Also, if they can take away your choice to have an abortion, they can take away your choice to have a baby, too. The zealots never think it could go that way but they're wrong.
THE MOST IMPORTANT DECISION A WOMAN CAN MAKE ISN'T YOURS.
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'Roe is dead': Ohio and Kentucky abortion laws preview a future without it [View all]
867-5309.
Apr 2022
OP
I just find it amusing that people are pulling these "strategies" out of their ass
AZSkiffyGeek
Apr 2022
#18
How many votes did Jill Stein get in Wisconsin, Michigan and Pennsylvania again?
AZSkiffyGeek
Apr 2022
#48
Little to no LIBERALS did that, but plenty of another section of the LEFT did
Eliot Rosewater
Apr 2022
#59
Passing unconstitutional laws that will get tossed immediately is a good defense?
AZSkiffyGeek
Apr 2022
#38
What does 60 votes in the Senate have to do with the Supreme Court ruling on Roe v Wade?
AZSkiffyGeek
Apr 2022
#41