Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

CrispyQ

(38,244 posts)
37. Forced Labor, Revisited: The 13th Amendment and Abortion
Sun Dec 9, 2018, 11:17 AM
Dec 2018
Forced Labor, Revisited: The 13th Amendment and Abortion

https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1031&context=facultyworkingpapers

2010
Forced Labor, Revisited: The Thirteenth Amendment and Abortion
Andrew Koppelman
Northwestern University School of Law,
akoppelman@law.northwestern.edu

I. The basic argument
The Thirteenth Amendment reads as follows:

1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

2. Congress shall have the power to enforce this article by appropriate legislation.

My claim is that the amendment is violated by laws that prohibit abortion. When women are compelled to carry and bear children, they are subjected to "involuntary servitude" in violation of the amendment. Abortion prohibitions violate the Amendment's guarantee of personal liberty, because forced pregnancy and childbirth, by compelling the woman to serve the fetus, creates "that control by which the personal service of one man [sic] is disposed of or coerced for another's benefit which is the essence of involuntary servitude."6

Such laws violate the amendment's guarantee of equality, because forcing women to be mothers makes them into a servant caste, a group which, by virtue of a status of birth, is held subject to a special duty to serve others and not themselves.


I don't know why the pro-choice movement doesn't use this argument.

Another thing, if the state can keep a woman from having an abortion, at what point do they determine that they can force some women to have abortions? People say that won't happen, but we never thought Donald Trump would be president, either. Anything can happen. It has never been about the sanctity of life, but about controlling the woman.
I want to know wellst0nev0ter Dec 2018 #1
The application of any policy which implements "abortion is wrong" has all sorts of problems Major Nikon Dec 2018 #3
OK and OH are trying to do just that.... Runningdawg Dec 2018 #5
Most don't MarvinGardens Dec 2018 #32
Make no mistake. They do. See Ohio MaryMagdaline Dec 2018 #51
The mother's decision.... period. NRaleighLiberal Dec 2018 #2
Certainly the most rational approach, IMO. Major Nikon Dec 2018 #4
There is at least one participant in this group who says he is pro-choice Mariana Dec 2018 #20
Personally, I think a woman has a right to end her pregnancy unblock Dec 2018 #6
So what happens when viability occurs at the sperm and egg juncture? Major Nikon Dec 2018 #7
I'm fine with that, but it's on the state to pay for it unblock Dec 2018 #9
The Roman Catholic Church takes it even further. MineralMan Dec 2018 #8
Covered in the first paragraph Major Nikon Dec 2018 #10
Indeed. Adolescent boys are doomed for the destruction MineralMan Dec 2018 #12
Understandably so Major Nikon Dec 2018 #13
When you think about it TlalocW Dec 2018 #30
The RWNJs are unanimous - we don't give a damn once born RainCaster Dec 2018 #11
I vacillate between StTimofEdenRoc Dec 2018 #14
About 38% of pregnancies are unplanned Major Nikon Dec 2018 #26
"Recreational sex"? Is there another kind? Mariana Dec 2018 #38
I suspect there is another kind. MineralMan Dec 2018 #40
as opposed to with the intent of procreation. StTimofEdenRoc Dec 2018 #42
Oddly enough, most sex is not about that, really. MineralMan Dec 2018 #43
Along those lines, we are one of the few species that has sex when females aren't fertile marylandblue Dec 2018 #60
Yes. Porpoises and Humans. MineralMan Dec 2018 #61
there is a song about that StTimofEdenRoc Dec 2018 #102
The answer is not when "life begins" because that is a process and depends largely on... TreasonousBastard Dec 2018 #15
Catholics are against birth control Major Nikon Dec 2018 #17
Yes, I mentioned that, and there was some twisted reasoning to get to that idea... TreasonousBastard Dec 2018 #19
they are also against IVF AlexSFCA Dec 2018 #59
It is the woman's decision. guillaumeb Dec 2018 #16
So you don't think anyone who isn't a woman can have an opinion on the subject? Major Nikon Dec 2018 #18
We can all have opinions. guillaumeb Dec 2018 #21
Would you tell a relative or acquaintance you think abortion is wrong? Major Nikon Dec 2018 #22
I would tell the woman that I support her right to make her own decision. guillaumeb Dec 2018 #23
Fair enough Major Nikon Dec 2018 #24
As to the initial question, guillaumeb Dec 2018 #25
There's lots of reasons why some think abortion is wrong Major Nikon Dec 2018 #28
I understand your points. guillaumeb Dec 2018 #33
So you shouldn't even offer your opinion then. trotsky Dec 2018 #44
If a person asks me my opinion, guillaumeb Dec 2018 #45
It is irrelevant and only serves to demonize abortion and the women who choose to get them. trotsky Dec 2018 #46
You already tried that one. guillaumeb Dec 2018 #47
I disagree with your belief that abortion is murder. trotsky Dec 2018 #48
You ignored my points. guillaumeb Dec 2018 #49
Because your "points" are a trademark attempt at diversion. trotsky Dec 2018 #50
Purity politics 101 guillaumeb Dec 2018 #65
Diversion again. You are so predictable. trotsky Dec 2018 #68
Purity test and diversion. guillaumeb Dec 2018 #69
And I understand why you're ashamed of your anti-woman belief and would rather attack me. trotsky Dec 2018 #70
We can read your approach to dialogue. guillaumeb Dec 2018 #71
Your comment about that other thread is totally irrelevant to MineralMan Dec 2018 #73
Thank you for responding for another. guillaumeb Dec 2018 #80
I always respond for myself. MineralMan Dec 2018 #83
What does the Chinese govt oppressing certain theists have to do with your anti-woman belief? trotsky Dec 2018 #75
I think it's an attempt to construct a new straw man. MineralMan Dec 2018 #76
Well I can certainly understand why he'd rather talk about anything else... trotsky Dec 2018 #77
I suppose so. MineralMan Dec 2018 #79
Harmony in the choir. guillaumeb Dec 2018 #86
Well, you are consistent. guillaumeb Dec 2018 #81
Consistent in trying to hold you to the topic at hand, yep, you got me. trotsky Dec 2018 #91
Let's not talk about your misogyny because China? Act_of_Reparation Dec 2018 #78
And we see harmony in the choir. guillaumeb Dec 2018 #82
What a weak response. MineralMan Dec 2018 #84
No, drawing the obvious conclusion. eom guillaumeb Dec 2018 #87
Everyone's criticizing you for the same thing? Act_of_Reparation Dec 2018 #85
So a handful of posters is "everyone"? guillaumeb Dec 2018 #88
Perhaps you should learn the colloquial use of "everyone" marylandblue Dec 2018 #90
So one usage is synonymous with 3-5 people? guillaumeb Dec 2018 #93
That's too small a group to make up a choir, Guy? MineralMan Dec 2018 #95
I disagree. guillaumeb Dec 2018 #96
Your link does not make the case. MineralMan Dec 2018 #97
Funny that you should ask that. guillaumeb Dec 2018 #99
Yes it could be 3-5, and the reference is by context, qualifying clauses not required marylandblue Dec 2018 #98
Brain waves lostnfound Dec 2018 #27
I have to ask. Snackshack Dec 2018 #29
I can't agree that it's all that clear Major Nikon Dec 2018 #31
Fair enough. Snackshack Dec 2018 #35
that's not true and current law and polling reflects that's not true qazplm135 Dec 2018 #55
abortion enid602 Dec 2018 #34
For these people? Right between having a pregnant daughter and not having a pregnant daughter. Iggo Dec 2018 #36
Forced Labor, Revisited: The 13th Amendment and Abortion CrispyQ Dec 2018 #37
There's another similar argument that makes sense to me. Mariana Dec 2018 #39
Good point. MineralMan Dec 2018 #41
A Rental instead of permanent occupancy and squatter's rights? exboyfil Dec 2018 #58
Your analogy is flawed. Mariana Dec 2018 #66
But we compel parents who have children exboyfil Dec 2018 #56
Your comment about women terminating a pregnancy at 8 months & 30 days CrispyQ Dec 2018 #92
That lie has been spread very well by the RWNJ's. Mariana Dec 2018 #94
Ruth Bader Ginsburg makes this argument marylandblue Dec 2018 #63
There's no consistent "line" zipplewrath Dec 2018 #52
And they carry around a book where exboyfil Dec 2018 #57
I sometimes think I'm the only one who believes in MaryMagdaline Dec 2018 #53
The viability standard is both arbitrary and capricious Major Nikon Dec 2018 #64
good points MaryMagdaline Dec 2018 #74
Late term abortions are difficult to obtain here, too. Mariana Dec 2018 #67
True. MaryMagdaline Dec 2018 #72
Their own unwed teenage daughter pregnant with a "lesser" (in their opinion) male's potential child Freethinker65 Dec 2018 #54
It goes both ways janterry Dec 2018 #62
A very valid observation. guillaumeb Dec 2018 #89
George Carlin said it best... MrScorpio Dec 2018 #100
They don't give a fuck about the fetus either Major Nikon Dec 2018 #101
Latest Discussions»Issue Forums»Religion»For those who think abort...»Reply #37