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Apparently, We Must Define Personhood

Which begins at BIRTH

Amber Fraley
3 min readDec 15, 2023
Photo by Claudio Schwarz on Unsplash

Before everyone went stupid-crazy, we used to understand what a person was. Remember those glorious, sane days? In fact, I maintain humans used to understand the concept of personhood so intimately we never really defined it, because we didn’t think we had to.

Consider — the first sentence of the 14th Amendment states — “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Yet when the Supreme Court in struck down Roe, they essentially said individual states could determine when personhood begins. So some states have now decided that in 1868 when the 14th Amendment was written, fetal personhood was the common understanding of the concept of “personhood” at the time, and not birth. That’s what they’re using as a legal loophole.

How is that possible when the federal constitution explicitly states persons are born?

I am no historian, but I call bullshit. People in 1868 were no strangers to death, and certainly no strangers to miscarriage and infant death, which was rampant. They knew better than anyone that pregnancies frequently didn’t become people. I think they knew damn well people were born.

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Amber Fraley
Amber Fraley

Written by Amber Fraley

Writing about abortion rights, mental illness, trauma, narcissistic abuse & survival, politics. Journalist, novelist, wife, mom, Kansan, repro rights activist.

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