can individual states pass laws that give citizenship rights to fetuses conceived in the US?
According to S K <[email protected]>:
can individual states pass laws that give citizenship rights to
fetuses conceived in the US?
The Constitution says that every US citizen who lives in the US is
also a citizen of the state where he or she lives. I suppose a
state could pass a law making fetuses state citizens, but it
wouldn't have much practical effect since they're not US citizens.
"John Levine" <[email protected]> wrote:
According to S K <[email protected]>:
can individual states pass laws that give citizenship rights to
fetuses conceived in the US?
The Constitution says that every US citizen who lives in the US isActually that's not quite right. The 14th Amendment says,
also a citizen of the state where he or she lives. I suppose a
state could pass a law making fetuses state citizens, but it
wouldn't have much practical effect since they're not US citizens.
"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." So to be a citizen under the Constitution,
a person has to be born.
The issue really isn't citizenship, though - it's personhood. Can a
state declare that a fetus is a person? That's really what the
abortion debate is about. But then that would affect other laws. Like
can a pregnant woman count for two people in a carpool lane? Is a
fetus entitled to child support after a divorce? Does a pregnant woman
have to pay for two tickets to see a movie?
--
Stu
http://DownToEarthLawyer.com
--
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"John Levine" <[email protected]> wrote:
According to S K <[email protected]>:
can individual states pass laws that give citizenship rights to
fetuses conceived in the US?
The Constitution says that every US citizen who lives in the US is
also a citizen of the state where he or she lives. I suppose a
state could pass a law making fetuses state citizens, but it
wouldn't have much practical effect since they're not US citizens.
Actually that's not quite right. The 14th Amendment says,
"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." So to be a citizen under the Constitution,
a person has to be born.
The issue really isn't citizenship, though - it's personhood. Can a
state declare that a fetus is a person? That's really what the
abortion debate is about. But then that would affect other laws. Like
can a pregnant woman count for two people in a carpool lane? Is a
fetus entitled to child support after a divorce? Does a pregnant woman
have to pay for two tickets to see a movie?
On Saturday, November 4, 2023 at 12:53:32 AM UTC-4, Stuart O.
Bronstein wrote:
"John Levine" <[email protected]> wrote:
According to S K <[email protected]>:Actually that's not quite right. The 14th Amendment says,
can individual states pass laws that give citizenship rights to
fetuses conceived in the US?
The Constitution says that every US citizen who lives in the US
is also a citizen of the state where he or she lives. I suppose
a state could pass a law making fetuses state citizens, but it
wouldn't have much practical effect since they're not US
citizens.
"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." So to be a citizen
under the Constitution, a person has to be born.
The issue really isn't citizenship, though - it's personhood. Can
a state declare that a fetus is a person? That's really what the
abortion debate is about. But then that would affect other laws.
Like can a pregnant woman count for two people in a carpool lane?
Is a fetus entitled to child support after a divorce? Does a
pregnant woman have to pay for two tickets to see a movie?
with due respect, movie tickets and carpools are silly.
Southern states want to impose criminal penalties on pregnant
women and the abortion providers. Is this a step towards that?
Since the zygote is a person in such a scenario - an abortion
would carry the death penalty or life in prison.
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