Abstract

Abortion is now "banned" in fourteen US states. Fetal personhood—the notion that fetuses should be considered equal persons—has been invoked in many anti-abortion laws. Yet none of the states actually ban abortion completely. Some states allow exceptions in cases of rape or incest, and at the very least, every state so far permits abortion if the pregnancy threatens the life of the pregnant person. However, it is impossible to uphold the validity of these exceptions while maintaining a position of legal equality between fetuses and pregnant people. The authors argue that this logical inconsistency should persuade supporters of near-total abortion bans to abandon their position entirely.