Personhood Under the Fourteenth Amendment

Vincent J. Samar

Research output: Contribution to journalArticlepeer-review

Abstract

This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts to find a balance for those concerns with the view of personhood offered that should engage current debates about abortion and women’s rights.

Original languageAmerican English
JournalMarquette Law Review
StatePublished - Dec 1 2017

Keywords

  • Fourteenth Amendment
  • abortion
  • women's rights
  • personhood

Disciplines

  • Civil Rights and Discrimination
  • Constitutional Law
  • Human Rights Law

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