States are now considering “fetal personhood” law, a lot of serious legal issues could need be resolved regarding giving legal rights to unborn children.
Are fertilized eggs, embryo, or fetus truly are entitled to the same legal rights that you do and those around you? When does child support begin? What happens when a woman of an other country comes to this country in U.S., has sex and then becomes pregnant? It is true that the U.S. recognizes birthright citizenship which means that anyone who’s birthed here is U.S. citizen?
Let’s say that you’re pregnant and needs to make it there. If you’re carrying the characteristics of a “person” within your body, is that a sign that you are able to drive in the “high occupancy” vehicle (HOV) Lane?
The HOV issue is a topic we have been discussing since it was recently raised in Texas and is home to one of the strictest abortion laws within the U.S.
Brandy Bottone, 32 years old and pregnant for 34 weeks had fallen behind on her plans to collect her son on June 29 , and chose to drive her car in the HOV lane along Dallas’ Central Expressway. When they saw Bottone being driving by herself in the carpool lane police officers was able to stop her and issue the woman a ticket of $215.
Being aware of Texas its strong commitment to unborn babies, Bottone pointed to her abdomen and said that she did not violate the laws. Bottone claimed that her daughter, due in the early part of august, was sitting on the road with her. The police officer refused to compromise the cop, so Bottone declared she would challenge the summons.
How Does Texas Law Say?
The matter has attracted a lot of public attention and Bottone has been the source of pride The case has become a cultto both abortion rights and anti-abortion groups in the same way. There is a hearing to attend, and is working with a lawyer who will assist her to challenge a ticket for $215. Bottone says she does not have an opinion on abortion that is politically polarized however she is seeking an opinion on whether or not the fetus can be considered an individual life, and whether this will allow pregnant women to take advantage of the HOV Lane.
As with many states Texas has a “fetal murder” law that considers the fetus’s body as a “person” when determining whether or not it’s a crime. However, it doesn’t possess an “fetal personhood” law . No state does, despite having already been enacted across five states. Furthermore, three other states (Alabama, Georgia, and Alabama) Alabama, Arizona, and Georgia adopted laws that define unborn children as persons within the past decade. The laws were adopted during the time that was Roe V. Wade, however they’ve been contested in the courts, but they never went into force.
Texas is among the states to have approved an “trigger law” that came into effect after Roe was overturned by the U.S. Supreme Court overturned Roe. The law, which is intended to restrict abortions in all forms, will be in effect by the end of this summer. Additionally it was announced that it was the Texas Supreme Court ruled on July 1 that Texas is now able to enforce an earlier abortion ban that dates back to 1925.
The Next Steps
Also, Texas’ abortion ban is as tough as nails. However, there is a distinction between banning abortions and acknowledging the personhood of a fetus. Some activists in the pro-abortion movement view the personhood of a fetus as the following step.
The Bottone incident is not a big deal however, it reveals what’s to come for us when fetal personhood becomes a trend. In a situation that involves fetal personhood as well as HOV lanes, as an example does it be that women need just claim that she is pregnant to get access to the lanes? Could it be the beginning of the end the HOV lanes? If fetal personhood is strengthened the possibility of more important questions will arise and shake the foundations of the legal system.
Bottone could not have an argument. Legally speaking It’s essential to note that no matter what the ban on abortions may say regarding rights for those who are not yet born, the officer that issued the ticket was simply doing the job he was assigned to do: Texas transport code doesn’t acknowledge an unborn child as a human being. However, as one lawyer recently said there is a good chance that an appeals court judge could give Bottone as well as her attorney with a prize for their creativity.
Bottone’s court date is set for July 20. If the battle drags on however, she may be forced to leave for a few days. She is due August. 3.