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In reply to the discussion: For those who think abortion is wrong, where do they draw the line? [View all]CrispyQ
(38,244 posts)37. Forced Labor, Revisited: The 13th Amendment and Abortion
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.
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.
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For those who think abortion is wrong, where do they draw the line? [View all]
Major Nikon
Dec 2018
OP
The application of any policy which implements "abortion is wrong" has all sorts of problems
Major Nikon
Dec 2018
#3
Along those lines, we are one of the few species that has sex when females aren't fertile
marylandblue
Dec 2018
#60
The answer is not when "life begins" because that is a process and depends largely on...
TreasonousBastard
Dec 2018
#15
Yes, I mentioned that, and there was some twisted reasoning to get to that idea...
TreasonousBastard
Dec 2018
#19
So you don't think anyone who isn't a woman can have an opinion on the subject?
Major Nikon
Dec 2018
#18
It is irrelevant and only serves to demonize abortion and the women who choose to get them.
trotsky
Dec 2018
#46
And I understand why you're ashamed of your anti-woman belief and would rather attack me.
trotsky
Dec 2018
#70
What does the Chinese govt oppressing certain theists have to do with your anti-woman belief?
trotsky
Dec 2018
#75
Yes it could be 3-5, and the reference is by context, qualifying clauses not required
marylandblue
Dec 2018
#98
For these people? Right between having a pregnant daughter and not having a pregnant daughter.
Iggo
Dec 2018
#36
Their own unwed teenage daughter pregnant with a "lesser" (in their opinion) male's potential child
Freethinker65
Dec 2018
#54