What Exactly is “Constitutional Personhood”? The Definition of Personhood and Its Role in the Life Debate

by Matthew Eppinette on September 4, 2008

By J. Margaret Datiles
Staff Counsel, Americans United for Life

The debate over legislation and voter initiatives defining state constitutional “personhood” to include the unborn from conception (commonly referred to as “Human Life Amendments,” or “HLAs”) has sparked significant interest both inside and outside the pro-life community. An overarching goal of the pro-life movement is to protect the innocent lives of unborn persons, and state HLAs have been suggested as one possible means to achieve this goal. However, the media and many advocates on both sides of the abortion debate are not clear about the meaning and effect of the various forms of “personhood.” Consequently, it has become difficult to engage in an effective discussion of the personhood of the unborn and various methods or tools for securing legal protection of the unborn.

To facilitate and improve the on-going dialogue on the question of personhood, this article (1) clearly defines and distinguishes the terms “moral person,” “legal person,” and “constitutional person;” (2) points out how problems will arise from a lack of understanding of the differences between these terms; and (3) discusses the significance of these distinctions in the context of the debate on life issues.

Read the whole thing at AUL.org

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