What IS and IS NOT a Personhood Amendment
Also know as Human Life Amendments.
While some think it is any type of constitutional amendment dealing with abortion that is not the case.
A Personhood Amendment IS a constitutional amendment that establishes a legal definition of a person that includes unborn children, thus making killing an unborn child a crime punishable under existing murder laws.
A Personhood Amendment IS NOT a ‘ban’ on abortion (a ‘medical procedure’ as the courts view it).
How a Personhood Amendment Works
To understand the U.S. Supreme Court and Federal Courts better, let’s take a look at this question: Does a person have the right to make their own medical decisions? The common sense answer is obviously YES. This is a fundamental right.
At present, all courts consider abortion a medical decision, so any legislative or constitutional approach that is worded to heavily restrict or outlaw abortion (the medical procedure) will fail because the courts view it as ‘taking away’ from a woman’s rights, a legal ‘negative’.
The only way to protect unborn children is through a constitutional amendment that legally recognizes unborn children as persons, a legal ‘positive’. This grants or recognizes the human rights of unborn children and would automatically legally maneuver Federal courts into doing the same.
This approach frames the question properly:
Should we protect unborn children from being killed since they are human beings?
The common sense answer is obviously YES.
When both the unborn child and mother are recognized as persons legally in the courts, a baby’s Right to Life outweighs the mother’s fundamental right to make her own medical decisions, except when saving her own life.
Any attempt to establish personhood for the unborn will have to meet and overcome Federal Court challenges to end abortion. Roe v. Wade is the 1973 U.S. Supreme Court case that legalized abortion in the U.S. Either Roe v. Wade will prevail or the Personhood Amendment will. Only ONE can survive! Only a properly worded State Personhood Amendment has the pure raw power to overturn Roe and end abortion throughout the entire United States.