Personhood Under the Fourteenth Amendment

Authors

Vincent J. Samar

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.

Repository Citation

Vincent J. Samar, Personhood Under the Fourteenth Amendment, 101 Marq. L. Rev. 287 (2017).
Available at: https://scholarship.law.marquette.edu/mulr/vol101/iss2/2