The next frontier of the abortion debate is rapidly approaching. It is the movement to legislate that life begins at the instant of conception, and that fetuses in the womb (or stored in a tank in an In Vitro Fertilization clinic) are human beings, with the same rights as other human beings. Thus, to kill a fetus for any reason (e.g., to save the life of the mother, or because the pregnant girl is a 10-year-old victim of rape, or because the fetus has fatal abnormalities) is murder.

Are fetuses “natural persons?” Some people think so. They have the right to believe whatever they want, but they should not have the right to impose their beliefs on others.

But they are trying.

One-third of states have laws defining “fetal personhood.” In Georgia, individuals can claim a $3,000 tax deduction for an unborn child. The deduction applies even if there is a stillbirth or miscarriage. State auditors may have to dig into medical records to verify claims.

Critics complain that the state of Georgia is hypocritical: “This was not necessarily a good faith attempt to support people in pregnancy because, at the same time as this was being passed, we were still fighting to expand Medicaid coverage for pregnant people beyond 60 days after delivery,” [Kwajelyn Jackson, executive director of the Feminist Women’s Health Center in Atlanta] said. She also stressed the need to improve Georgia’s maternal mortality rates, which are the worst in the country, and address systemic racism within health care, which results in Black maternal mortality rates being twice as high as white women in the state.”

In Texas, a woman who was given a ticket for driving alone in the HOV lane claimed that she shouldn’t have to pay the ticket because she was 34 weeks pregnant. But Texas has not yet passed a fetal personhood law, so she was required to pay the ticket.

In several high-profile murder cases, men have been charged with a double homicide when they killed their pregnant wife.

Planned Parenthood is keeping watch on Republican efforts to pass a federal law recognizing “fetal personhood.”

Similar to what we’ve seen on the state level, anti-abortion members of Congress have pushed ”fetal personhood” attacks for years, and fights are expected to continue this spring. Federal lawmakers trying to ban abortion have tried to embed personhood language in maternal health bills, birth control bills, tax codes, child support laws, college savings plans, COVID-19 relief packages, and essential safety-net programs like Temporary Assistance for Needy Families. And they aren’t stopping. Like other personhood attacks, if taken to its most extreme, this language could affect birth control — including the pill, IUDs, and emergency contraception.

Currently, 125 members in the House, including Speaker Mike Johnson, support the Life at Conception Act, a federal personhood bill that would extend all inalienable rights afforded to Americans by the Constitution to apply at all stages of life, including to fetuses and embryos. Last year, during the first full Congress since Dobbs, as many as 166 members signed on as co-sponsors.

This attempt to legally define when personhood begins would make all abortion illegal nationwide. And, like the legislation proposed at the state level, would have grave implications for a range of sexual and reproductive health care, including some forms of contraception, infertility treatment, and miscarriage and ectopic pregnancy management. This language could also, in some circumstances, subject health care providers to criminal charges. “Personhood” language in our federal code would take away people’s ability to make safe and healthy choices about their reproductive futures and well-being. 

Laws of this kind are troubling because they turn religious beliefs into legal mandates. They inject Big Government into the most intimate details of people’s private lives. And, they are profoundly hypocritical. The states that insist on “fetal personhood” are the very ones that oppose almost every federal or state program to improve the lives of children. They are states that reject the expansion of Medicaid, leaving large numbers of people without medical insurance; they are states that weaken child labor laws, allowing teens to work long hours in dangerous jobs. They are states whose elected representatives oppose extending the child tax credit, which cut child poverty in half during the year in which it was in effect. Almost any legislation you can think of that would have improved the lives of born children has been opposed by the same people who insist on “fetal personhood.”

What’s the lesson in all this? Each of us may see it differently.

Here’s what I conclude:

Republicans care passionately about fetuses and unborn children. Once they are born, the children are on their own.