Pro-life advocates often scoff at fetal homicide laws, arguing that they represent just how schizophrenic our legal system is when it comes to the unborn.  On the one hand our legal system says the unborn are not persons, and therefore they can be killed per the mother’s request.  On the other hand, fetal homicide laws treat the unborn as a person, allowing for an individual who kills an unborn child without the mother’s consent to be prosecuted for murder.  The legal distinction is based almost entirely on the mother’s will.  If she wants the child, it is illegal for someone else to kill it.  If she does not want the child, it is legal for someone else to kill it.

While I am pro-life, I want to argue that the current law is consistent in its treatment of abortion and fetal homicide.  Just because the unborn are not deemed persons with legal status—and can be killed at the mother’s request—does not mean the state could or should allow anyone to kill an unborn child without consequence.  If the unborn is not a person, then it is property[1], and the same laws we apply to property must be applied to the unborn as well.

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