No, the most fair reading of the text does not include unborn children in the definition of “person.”
Then you agree with Blackmun’s majority opinion in Roe v Wade. As does Scalia…the supposed prolife hero. And this is the most crucial part of the decision…the part that opened the door to the slaughter…hardly fair to unborn persons.
You have stated that the 14th Amendment is not limited to black persons because black persons are not specifically mentioned. This is correct, however, you have offered no evidence that unborn children were actually intended to be protected by the 14th Amendment. In fact, I have offered historical, textual, and scientific evidence that unborn children were not included within the meaning of “person” in the 14th Amendment:
- The text of the Constitution implies that “person” includes someone who has already been born. In every single other instance where person is mentioned in the Constitution, it can only refer to a person who has been born.
Other Constitutional uses of “person” have to do with qualifications for public office. That doesn’t prove the unborn aren’t persons. All it proves is they are too young to hold office.
- There is absolutely no reference recorded among the authors of the 14th Amendment suggesting that they understood the word “person” to include the unborn.
If they intended unborn persons to be excluded, they would have been listed explicitly as exceptions to the term “any person”…similar to “excluding Indians not taxed” in Article I, Section 2. Even here though, it wasn’t denied that Indians were persons. They simply were not to be counted for apportionment of State representatives. From Amendment XIV, Section 1:
“…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The best defense of the 14th Amendment against what you are saying is the text itself…no exceptions are listed to “any person”. The intent for America going forward after all the death and misery of the recent Civil War was equal protection of the laws. What Roe gave us was a throwback to the days of unequal protection.
Nor did anyone seriously interpret the 14th Amendment as applying to unborn children until the 1960s.
Unprovable assertion. The unborn were long protected by most states until those laws were challenged by Roe. The lack of Constitutional challenge to state abortion laws (until Roe) is stronger evidence of the opposite. And as I’ve said, Texas, in Roe, claimed their statute was required by the 14th Amendment.
- At the time of the adoption of the 14th Amendment it was not even clear scientifically that unborn children WERE distinct human beings from the moment of conception, with a distinct genetic code. Obviously, the authors of the 14th Amendment could not have included unborn children as “persons” from the moment of conception when no one knew for certain that human life began at conception.
Did anyone raise chickens and eggs back then? Jefferson said in the Declaration that all men are created equal. He didn’t say born equal. But it was clear scientifically when Roe was decided. And they pretended it wasn’t.