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    Meet Amita Goyal Mumbai based Business women Entrepreneur & founder of Glasba Services , read her Success Story here

    Meet Amita Goyal Mumbai based Business women Entrepreneur & founder of Glasba Services , read her Success Story here

    Women GMs constitute less than 10% of the total GM population in Indian hotels

    Women GMs constitute less than 10% of the total GM population in Indian hotels

    Women's reservation bill gets Cabinet nod, likely to be tabled on Wednesday: Officials

    Women’s reservation bill gets Cabinet nod, likely to be tabled on Wednesday: Officials

    FMI’ Analyst view: “A New Spin on Food Preservation: The Clamshell Packaging Phenomenon”

    FMI’ Analyst view: “A New Spin on Food Preservation: The Clamshell Packaging Phenomenon”

    From Isha Ambani to Namita Thapar: Lavish homes of India's women entrepreneurs

    From Isha Ambani to Namita Thapar: Lavish homes of India’s women entrepreneurs

    Meet India’s most charitable woman, Infosys co-founder’s wife, donated Rs 120 crore, not Nita Ambani, Renu Munjal

    Meet India’s most charitable woman, Infosys co-founder’s wife, donated Rs 120 crore, not Nita Ambani, Renu Munjal

    Feisty Kiran fills women with confidence, positive approach towards life

    Feisty Kiran fills women with confidence, positive approach towards life

    FMI’ Analyst view: “Culinary Convenience: The Role of Food Storage Bags in Modern Kitchens”

    FMI’ Analyst view: “Culinary Convenience: The Role of Food Storage Bags in Modern Kitchens”

    Bank deposits: Women’s share rises to 20.5%, per capita deposits up by Rs 4,618 in 5 years

    Bank deposits: Women’s share rises to 20.5%, per capita deposits up by Rs 4,618 in 5 years

  • National
    Sana Ali, a driver’s daughter, appointed as ISRO scientist

    Sana Ali, a driver’s daughter, appointed as ISRO scientist

    Women's hockey team returns to India, celebrates winning FIH Nations Cup

    Women’s hockey team returns to India, celebrates winning FIH Nations Cup

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    VG Miss & Mrs India 2022 Beauty Pageant grand finale held in Delhi

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    Tasnim, Rajawat clinch singles titles in Chhattisgarh International Challenge

    India claim bronze on debut at Women’s International Tent Pegging Championship

    India claim bronze on debut at Women’s International Tent Pegging Championship

    Black Women and Their Labor Are Still Underpaid and Undervalued

    Black Women and Their Labor Are Still Underpaid and Undervalued

    ‘The People’s Lawyers’: Attorneys General Letitia James and Dana Nessel on Reclaiming and Rebuilding U.S. Democracy

    ‘The People’s Lawyers’: Attorneys General Letitia James and Dana Nessel on Reclaiming and Rebuilding U.S. Democracy

    ‘Guardians of Democracy’: Women Secretaries of State Defend Voting Rights and Election Security at the State Level

    ‘Guardians of Democracy’: Women Secretaries of State Defend Voting Rights and Election Security at the State Level

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    Harnessing the Power of Women Voters

  • Health
    Recent global studies on digital equality highlight that digital transformation’s benefits across high, low and middle-income countries are not reaching most women

    Digital transformations for gender equality

    Manika Batra Achieves Career-Best World Ranking After Showing at Asian Cup.

    Manika Batra Achieves Career-Best World Ranking After Showing at Asian Cup

    Tracing the Lives of the First Female Doctors in India.

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    Manipur Girl Quits Singapore Job, Brews Up Herb Tea to Empower Local Ladies!

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    This Menstruation Warrior’s Efforts Have Helped More Than 10,000 Women

    What a landmark ruling on abortion will mean for women in India

    What a landmark ruling on abortion will mean for women in India

    Hindu married women take part in celebrations for the Karva Chauth festival. AFP

    Indian Women Celebrate Karva Chauth for Long Life of Their Husbands

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    Sharda Chouragade, a single mother from Nagpur sold vegetables and worked as a domestic help before starting her stall in 2004.

    ‘I Know What Starvation Does’: 62-YO Nagpur ‘Ajji’ Sells Dosas For Just Rs 10

  • Fashion
    Miss World competition returns to India after 27 years

    Miss World competition returns to India after 27 years

    Exploring the timeless beauty of saris for Eid 2023

    Exploring the timeless beauty of saris for Eid 2023

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    Entrepreneur Zafreen Khan and her journey to success

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    Best Blush For Women In India

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    Feature-women, Startups Thrive After Indian Kashmir Eases Internet Shutdowns

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    Did not enter fashion business to justify our valuation: Nykaa CEO Falguni Nayar

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    SELECTING MAKEUP PRODUCTS FOR YOUR WHOLESALE BEAUTY BUSINESS

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  • Beauty
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    Exploring the timeless beauty of saris for Eid 2023

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    The Future of Female Entrepreneurs in Beauty Shines Bright—shark Tank India Has Proof

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    India’s Pallavi Singh bags the Mrs Universe Divine Crown in South Korea

    India’s Pallavi Singh bags the Mrs Universe Divine Crown in South Korea

  • Women’s Rights
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    India can move forward only by raising the levels of respect for women: PM Modi

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  • Entrepreneurs
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    Meet Amita Goyal Mumbai based Business women Entrepreneur & founder of Glasba Services , read her Success Story here

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    From Isha Ambani to Namita Thapar: Lavish homes of India’s women entrepreneurs

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    Trailblazing Entrepreneur Recognized for Her Achievements

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    Goldman Sachs’ education programme helped 2,400 Indian women entrepreneurs generate 28,000 cr revenue

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    Entrepreneur Zafreen Khan and her journey to success

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    ‘Catholics for Life’ Ask Supreme Court for Nationwide Abortion Ban and Full Constitutional Rights for Fetuses

    ‘Catholics for Life’ Ask Supreme Court for Nationwide Abortion Ban and Full Constitutional Rights for Fetuses

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    Meet Amita Goyal Mumbai based Business women Entrepreneur & founder of Glasba Services , read her Success Story here

    Meet Amita Goyal Mumbai based Business women Entrepreneur & founder of Glasba Services , read her Success Story here

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    Women GMs constitute less than 10% of the total GM population in Indian hotels

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    Women’s reservation bill gets Cabinet nod, likely to be tabled on Wednesday: Officials

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    FMI’ Analyst view: “A New Spin on Food Preservation: The Clamshell Packaging Phenomenon”

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    From Isha Ambani to Namita Thapar: Lavish homes of India’s women entrepreneurs

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    Meet India’s most charitable woman, Infosys co-founder’s wife, donated Rs 120 crore, not Nita Ambani, Renu Munjal

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    FMI’ Analyst view: “Culinary Convenience: The Role of Food Storage Bags in Modern Kitchens”

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    Bank deposits: Women’s share rises to 20.5%, per capita deposits up by Rs 4,618 in 5 years

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    India claim bronze on debut at Women’s International Tent Pegging Championship

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    Black Women and Their Labor Are Still Underpaid and Undervalued

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    ‘The People’s Lawyers’: Attorneys General Letitia James and Dana Nessel on Reclaiming and Rebuilding U.S. Democracy

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    ‘Catholics for Life’ Ask Supreme Court for Nationwide Abortion Ban and Full Constitutional Rights for Fetuses

    ‘Catholics for Life’ Ask Supreme Court for Nationwide Abortion Ban and Full Constitutional Rights for Fetuses

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‘Catholics for Life’ Ask Supreme Court for Nationwide Abortion Ban and Full Constitutional Rights for Fetuses

womenindia by womenindia
September 14, 2022
in Featured, Health, Justice & Law, National, Reproductive Justice, Women's History
‘Catholics for Life’ Ask Supreme Court for Nationwide Abortion Ban and Full Constitutional Rights for Fetuses
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catholic-pro-life-supreme-court-abortion-ban-constitutional-rights-fetus-person-dobbs
An abortion rights supporter counter-protests in front of the the U.S. Supreme Court during the 2018 March for Life on Jan. 19, 2018. (Alex Wong / Getty Images)

Immediately after the draft opinion in Dobbs leaked on May 2, Republican lawmakers and anti-abortion activists from the Susan B. Anthony List announced they were working on legislation to ban abortion nationwide. But Catholics for Life (CFL), impatient to achieve that goal sooner, have asked the Supreme Court to do just that in a petition filed on Sept. 1.

CFL and two “unborn Petitioners”—represented by their pregnant mothers—have asked the U.S. Supreme Court to rule that fetuses, “regardless of gestational age,” are “entitled to the protections and guarantees of the due process and equal protection clauses of the United States Constitution.” They seek an order striking down a 2019 Rhode Island law legalizing abortion in the state.

Just over two months after the Supreme Court in Dobbs gave states the power to regulate abortion, CFL has asked the Court to snatch that power back and ban abortion nationwide by ruling that “unborn human beings” have full constitutional rights.

The Supreme Court in Dobbs invited such a request by referring to “unborn human beings” 23 times in its opinion in that case, laying the groundwork for striking down state laws protecting abortion rights in states such as Rhode Island, New York, Illinois and California.

“Once you say that it is an ‘unborn human being,’ then it’s a short step to saying that laws allowing abortion are unconstitutional because they deny equal protection to those persons that are unborn human beings,” said Berkeley Law School Dean Erwin Chemerinsky. “I believe that there may be a majority on the Court to take that position … then what restrictions will be imposed on women and what will women be prosecuted for doing during their pregnancy? Working in certain jobs? Drinking? Taking certain drugs?”

Catholic for Life’s brief mentioned “unborn human beings” 25 times. They argued the Court’s ruling in Dobbs “surely [signals] rejection of this Court’s statement in Roe that ‘[t]he word ‘person’ as used in the Fourteenth Amendment, does not include the unborn.’”

U.C. Irvine Law Professor Michele Bratcher Goodwin noted that the Supreme Court in Dobbs ignored that the 14th Amendment’s definition of citizens as “persons born … in the United States” in the first sentence of the amendment. “That’s very explicit. That’s very clear,” said Goodwin. “The Constitution does not mention embryos, fetuses or ‘unborn human beings.’”

If in fact the Court rules that zygotes, embryos and fetuses have full constitutional rights, they will undoubtedly also rule that these “persons” have rights greater than any born person has: namely the right to inhabit and use a woman’s body against her will. No born person is entitled to the bodily tissue and fluids of another born person.

Catholics for Life Cites Notorious Misogynists to Support Elimination of Women’s Abortion Rights

CFL claimed to represent two “unborn persons” described as follows: “At the time of Petitioners’ filing of their Complaint, Baby Roe was 15 weeks gestational age and Baby Mary Doe was 34 weeks gestation age.”

They asked the Court to “identify the guarantees upon which Petitioners—any unborn plaintiff regardless of gestation age—can rely for constitutional protection under the Fourteenth Amendment, and whether unborn human beings will categorically be denied access to the courts to challenge the law.”

At issue is a Rhode Island’s Reproductive Privacy Act passed in 2019, which codified abortion rights established in Roe v. Wade and eliminated a 1974 Rhode Island law stating, “human life commences at the instant of conception”—a law never enforced because of Roe.

Following Roe v. Wade and Casey v. Planned Parenthood, the Rhode Island law allowed abortion for any reason before viability and bans abortion after viability, except when necessary to preserve the health or life of the pregnant woman. CFL argued the Rhode Island law “creates an unconstitutional classification of ‘persons’—viable and unviable,” which they described as the “quasi-suspect classification of age—gestational age … entitled to a heightened level of judicial scrutiny under the Fourteenth Amendment’s equal protection clause jurisprudence.”

CFL asked the Supreme Court “whether there is an objective gestational age where an unborn human being is entitled to the protections and guarantees of those due process and equal protection clauses.” Further on, they asked, “Do unborn human beings, at any gestational age, have any rights under the United States Constitution? Or, has Dobbs relegated all unborn human beings to the status of persona non grata in the eyes of the United States Constitution—below corporations and other fictitious entities?”

CFL suggested the Court answer these questions by looking to “historical understanding and practice,” citing cases going back to 1740 and the notoriously misogynist 18th century legal theorists Matthew Hale and William Blackstone.

Hale’s 1736 treatise, History of the Pleas of the Crown, theorized a “husband cannot be guilty of a rape” because marriage conveys unconditional consent. Blackstone’s 1769 treatise, Commentaries on the Laws of England, declared a married woman and man as one person under the law—the man, who had the “power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children.” Goodwin argued that Blackstone’s “legal reasoning helped to forge a legal culture that tolerated and amplified misogyny and violence against girls and women in American households.”

Referencing language in the Dobbs decision, they argued, “Legal protections for unborn human beings are objectively deeply rooted in the Nation’s history and tradition.”

That CFL would rely on such authorities is no surprise considering the U.S. Catholic Bishops’ longstanding practices of perpetrating sexual abuse, protecting sexual abusers and advocating for forced pregnancy.

In their brief, CFL demands, “this Court must complete the analysis begun in Dobbs. … Now is the time. This is the case.”

In his concurrence in Dobbs, Brett Kavanaugh argued that the Constitution was neutral on abortion and that states have the power to determine whether abortion should be legal or not. He said, “The Constitution does not grant the nine unelected Members of this Court the unilateral authority to rewrite the Constitution to create new rights and liberties based on our own moral or policy views. …This Court therefore does not possess the authority either to declare a constitutional right to abortion or to declare a constitutional prohibition of abortion.”

Similarly, Samuel Alito in the majority opinion, wrote that the abortion decision should be made “the people and their elected representatives.”

One can only hope they hold to this opinion—but they don’t have a good track record on following precedent.

U.S. democracy is at a dangerous inflection point—from the demise of abortion rights, to a lack of pay equity and parental leave, to skyrocketing maternal mortality, and attacks on trans health. Left unchecked, these crises will lead to wider gaps in political participation and representation. For 50 years, Ms. has been forging feminist journalism—reporting, rebelling and truth-telling from the front-lines, championing the Equal Rights Amendment, and centering the stories of those most impacted. With all that’s at stake for equality, we are redoubling our commitment for the next 50 years. In turn, we need your help, Support Ms. today with a donation—any amount that is meaningful to you. For as little as $5 each month, you’ll receive the print magazine along with our e-newsletters, action alerts, and invitations to Ms. Studios events and podcasts. We are grateful for your loyalty and ferocity.

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