Tuesday, September 13, 2022

From the Texas Tribune: Does a fetus count in the carpool lane? Texas’ abortion law creates new questions about legal personhood

We will dig into legal personhood soon enough - which also includes corporate personhood.

- Click here for the article.  

When a pregnant North Texas woman was pulled over for driving alone in a high-occupancy vehicle lane, she protested.

“I just felt that there were two of us in [the car] and I was wrongly getting ticketed,” the driver, Brandy Bottone, told The Dallas Morning News in July.

Bottone argued that under Texas’ abortion laws, which went into effect after the U.S. Supreme Court overturned the constitutional right to abortion, a fetus is considered a living being. She argued the same should be true when it comes to the state’s traffic laws.

“I’m not trying to make a political stance here,” Bottone said, “but in light of everything that is happening, this is a baby.”

Dallas County officials are now facing unprecedented legal questions about what defines “personhood.” While the district attorney’s office dismissed Bottone’s first citation, she was ticketed a second time in August.

Legal experts, meanwhile, warn that this traffic incident is just a small piece of a larger puzzle considering what it means to treat a fetus the same as a person. Debates about “fetal personhood” have been happening nationwide since the 1960s, when many abortion opponents started championing the idea. In Texas, abortion opponents are divided over whether a fetal personhood law is worth pursuing. But the concept is gaining traction nationwide and could become increasingly salient in Texas, where nearly all abortions have been banned and fetuses already have some legal rights.

“Historically, conversations about fetal personhood have been about introducing increasingly harsh penalties for people who either perform abortions or ‘aid and abet’ abortions,” said Mary Ziegler, a legal historian focusing on abortion at University of California Davis School of Law. “That isn’t the only way you can think about personhood.”