Declare the Unborn as Human, then Abortion Endangered

"If this suggestion of personhood is established, the appellant's (Roe's) case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the amendment."

So we read from the decision of Roe vs. Wade, the 1973 Supreme Court decision that made abortion legal across America. The decision noted that no legal case could be cited in which a fetus was held to be a person within the meaning of the Fourteenth Amendment.

The Court also held that, "The law has been reluctant to endorse any theory that life, as we recognize it, begins before live birth or to accord legal rights to the unborn."

So, what if a state were to pass a law, defining the unborn as living humans, and according them legal rights?

There is a movement across America to do so. But, surprisingly, every effort so far has failed. Mississippi, Colorado, Virginia . . . all have mounted such efforts, and all have failed.

In Utah, Sen. Aaron Osmond considered introducing such legislation this past session, but chose to pursue other legislative matters, instead.

If Utah or another state does pass such legislation, then a new court case could come up through the courts, be appealed to the Supreme Court, and Roe vs. Wade be overturned.

In making its decision in Roe vs. Wade, the Court conceded that if personhood is established, then the unborn lays claim to the right of life guaranteed by the Fourteenth Amendment. The scientific evidence that the unborn is a living human has only grown since 1973. Now, if only a state will declare the unborn to be human, and to have rights, thus rendering no longer true the Court's assertion that no such law exists.

Then Roe vs. Wade will be ripe to be overturned.