A Legal Argument in Support of Personhood

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By Charlie Butts, OneNewsNow.com, August 8, 2017

New legal arguments have surfaced defending the life of the preborn.

The Harvard Journal of Law and Public Policy has recently released an article supporting the idea that the Fourteenth Amendment protects children in the womb as constitutional persons. The paper – titled “Protecting Prenatal Persons: Does the Fourteenth Amendment Prohibit Abortion” – points out that corporations have the constitutional right to personhood.

“So, if a person has the right to free speech,” explains Mat Staver of Liberty Counsel, “… a corporation has the right to free speech, because they’re considered persons under the law.”  Likewise, the paper contends that the same Fourteenth Amendment protections that apply to corporations extend to prenatal life – as persons under the law.


Staver calls the scholarly article a “well-reasoned position.” He concludes that in order for the Harvard Journal of Law and Public Policy to have published the article, it was reviewed for accuracy in terms of its scholarship and should, therefore, be taken seriously.

“The legal regime that discriminates against preborn human beings should be abolished on originalist grounds” the paper contends, suggesting that reasoning complies with the framers of the Fourteenth Amendment.

Staver says the argument adds legal momentum to overturning Roe v. Wade, the 1973 Supreme Court decision that legalized abortion across America.