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Jeff Schweitzer

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Fetal Personhood: Why Stop There?

Posted: 06/28/2012 11:00 am

Senator Rand Paul (R-KY), that scion of small government, wants the government to decide when a woman can choose her own reproductive fate. Paul has offered an amendment (to an unrelated flood insurance bill) that would give full legal protection to a fetus from the moment of fertilization. This has obvious implications for the legality of any abortions as well as stem cell research and many forms of fertility treatments. The measure would challenge the use of mifepristone (RU-486), the so called "morning after" pill. Even the use of an IUD could be considered illegal since it prevents a fertilized egg (now a person) from implanting in the uterine wall. IUDs are the world's most widely used contraceptive so this is not a trivial concern.

But if Senator Rand wants to travel down this road, he must go much farther. His idea is not nearly radical enough. He has only arbitrarily selected fertilization as the magic moment when life begins, and he has chosen badly. Using Rand's own logic, we actually need to reach further back into the cycle of life to define personhood. We should declare, and have the government enforce the idea, that life begins when the testes produce a sperm and ovaries produce an egg. Masturbation and ovulation should be declared acts of murder because every sperm and every egg is a person. We will need to build more jails.

Perhaps unwittingly, Woody Allen was an early proponent of the idea gametes deserve personhood. In his 1972 movie, Everything You Always Wanted to Know About Sex, But Were Afraid to Ask, Allen dressed up like that ubiquitous male issuance, a good visualization of my theory that a sperm is a person.

Paul's idea about fertilization and mine about eggs and sperm come down to the concept of potential. Even Paul would say that an egg just fertilized is not a fully formed human being able to function independent of the mother. No, he is saying that the fertilized egg has the potential to be human, and therefore given that potential should be treated with all the rights of a person. Well, a sperm has the potential to be a human being too; it just needs to fertilize an egg; just one step earlier in the process of development. Since I am moving closer to origin, my claim should take precedent. A fertilized egg has no special status compared to an egg not fertilized. A fertilized egg has a long and uncertain journey to the uterus, and once there has only long odds on a successful attachment. Fertilization is no guarantee of success, far from it.

What Rand ignores is the fact that the majority of fertilized eggs are naturally aborted. Understand this: as many of 75 percent of all fertilized eggs fail to implant in the uterus. Fatal genetic abnormalities, hormonal imbalances, a uterus incapable of receiving the embryo, and a multitude of other factors prevent the majority of fertilized eggs from implanting and growing in a nurturing uterus. So what does Rand say about these fertilized eggs that in fact never had even the potential to become human?

So both an egg alone and one fertilized have the potential to become human given the right set of circumstances; since both have the potential to be human, both should be granted personhood. The moment of fertilization is nothing but one action (and usually an unsuccessful one) in a series of millions that take us from a single cell to an independently living being. Granting that moment special status is completely arbitrary and meaningless biologically.

One could just as easily, and less arbitrarily, declare that life begins at the moment when a fetus could live independently outside the womb. In fact this threshold is supported by solid biological reasoning. Without lungs, for example, life outside the womb is impossible. Incredible advances in medical technology have not extended fetal survival much before 24 weeks for good reason; a human fetus is simply not viable outside the womb much before that time and certainly not before 20 weeks. A fetus without lungs has potential to become human, sure, but so does a fertilized egg or an egg about to be fertilized, or an egg with the potential to be fertilized. So does a sperm with any potential to meet up with an egg. All really could be become human, all have the true potential to become human, given the right set of circumstances. Why choose fertilization as the magic moment?

So let's go back one more step in the biological chain of events and boldly declare sperm and eggs as persons. Ridiculous? Not one bit more than declaring a fertilized egg as a person. Both declarations are made arbitrarily in the absence of any basis in biology. So gird your loins -- you have much to protect.

 
 
 

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Senator Rand Paul (R-KY), that scion of small government, wants the government to decide when a woman can choose her own reproductive fate. Paul has offered an amendment (to an unrelated flood insura...
Senator Rand Paul (R-KY), that scion of small government, wants the government to decide when a woman can choose her own reproductive fate. Paul has offered an amendment (to an unrelated flood insura...
 
 
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02:15 PM on 06/29/2012
Dissenting_Futilitarian ... In a way they are pollywogs... The same way that polywogs are not frogs. They have the potential, if they don't die, get eaten, starve.
but it is only potential. And a small group of cells can become anything until programmed. That's basically what stem cells are... Unprogrammed cells.
11:19 PM on 06/28/2012
Ridiculous: "So what does Rand say about these fertilized eggs that [because they do not implant in the uterus] in fact never had even the potential to become human?" If they never had even the potential to become human, what WERE they? They weren't pollywogs.
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HUFFPOST BLOGGER
Jeff Schweitzer
Scientist; Fmr. White House Senior Policy Analyst
12:25 AM on 06/29/2012
A bundle of cells destined for an early demise. If they never could implant in the uterus they never had the potential to become human. Simple biology.
02:48 AM on 06/29/2012
Again, sir, that is nonsense. If they were not human, and indeed "never had the potential to become human," what WERE they while they were in this Limbo-of-Being? Were they fish? Were they frog? Of course they were human. Good biology - which is better than simple biology.
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HUFFPOST SUPER USER
Grady Jenkins
06:16 PM on 06/28/2012
Maybe buried in this amendment are JOBS. With hundreds of millions of new "persons" to include in our population, we're gonna need more jobs and a better economy to take care of them all...

Rand Paul is ridiculous!
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Cactusman
Persons of Cactus, Unite!
05:45 PM on 06/28/2012
Let us also not forget that the sacredness of human life ends as soon as one is arrested for possession of a quarter ounce of marijuana. Those who Break The Law must be punished harshly and possibly even be denied the right to further life. Because after all, if you are poor, black, or a drug user who's been jailed, you cease to be human. Unlike those pwecious, pwecious widdle embwyos.
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HUFFPOST PUNDIT
TRex86
Enjoying life in West Ohio
03:25 PM on 06/28/2012
Rand Paul favors shrinking government so it can fit in a woman's vagina.
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blueinannarbor
My micro bio is now full
03:24 PM on 06/28/2012
"Fetal Personhood: Why stop there?"

Because the idea that a fetus is a person is weird.
09:27 PM on 06/28/2012
No weirder than an egg person, a sperm person or an epidermal person.
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blueinannarbor
My micro bio is now full
07:14 AM on 06/29/2012
Who said it was? That's the point. It ain't a person yet.
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blue in wv
There's a Great Big Beautiful Tomorrow!
03:03 PM on 06/28/2012
Wouldn't Sen. Paul's amendment mean that no one could use birth control in any form? That sounds like a brilliant plan, for sure.
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Jeff Schweitzer
Scientist; Fmr. White House Senior Policy Analyst
03:36 PM on 06/28/2012
Let's hope we never have to find out.
02:55 AM on 06/29/2012
Aha! You've hit on it. That's where the jobs come from! When you have women that are pregnant against their will, have no access to medical care, and cannot abort a pregnancy no matter what, you have a reversal of the post world war 2 workforce. Women leave their jobs to be pregnant, raise kids if they survive pregnancy and men can have those jobs. The more women that die means that many more jobs that are kept open for men.
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saami
Cranky old lady
03:02 PM on 06/28/2012
"Every sperm is sacred, Every sperm is great. If a sperm is wasted, God gets quite irate." (Monty Python) Outlaw masterbation by men; can't have those precious sperm being wasted.
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HUFFPOST BLOGGER
Jeff Schweitzer
Scientist; Fmr. White House Senior Policy Analyst
03:42 PM on 06/28/2012
Yeah but the just to be fair you'd have to outlaw it for women too, in addition to prohibiting ovulation unless for the purpose of procreation..
09:30 PM on 06/28/2012
Why? A woman masturbating doesn't harm any eggs, thus she's committing no crime. Ovulation however, should count as negligence and supreme indifference to human life, as should any action that endangers any cell with a full complement of DNA since, under the correct set of circumstances, they too can potentially develop into full human organisms.
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saami
Cranky old lady
02:48 PM on 07/12/2012
We ovulate without our knowledge or cooperation. We don't do anything to ovulate so we cannot be held accountable for ovum wasted. Even masturbation doesn't cause ovulation so I guess every ovum isn't sacred.
itolduso
lateral thinker
02:18 PM on 06/28/2012
I'm thinking we should limit the title of 'personhood' to only those exhibiting signs of brain function.....this will, of course, preclude much of Congress
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blueinannarbor
My micro bio is now full
03:25 PM on 06/28/2012
If we did that, though, we'd become a single party state.
09:31 PM on 06/28/2012
And even that party would be far slimmer than it is now.
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Kara Kramer
02:14 PM on 06/28/2012
Rand Paul is a disgrace to the scientific communty in general and the medical profession in particular.
02:56 AM on 06/29/2012
Apparently Duke Med school does a poor job of educating its students on reproductive biology.
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davegstein
02:12 PM on 06/28/2012
Yes,I definitely can see the connection between flood insurance and woman's reproductive health....I can also see the connection between libertarian principles and legislating peoples vaginas......
Of course,however,I am also seven years old with an IQ of six....
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crazyalice
still traveling hopefully
01:16 PM on 06/28/2012
Wow! can't imagine rand paul reading phillip roth! who could figure....

"our gang" was one of the funniest books i've read. nixon's belief that giving the "unborn" the right to vote would assure him reelection. never did i believe that this could be a real issue. but then, i never believed that we'd have a congress like we have now. and dark money buying elections.

unbelievable!
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Vivian Darkbloom
01:14 PM on 06/28/2012
I still haven't figured out how these so-called "pro life" people can support laws against rape. If they truly believe a woman has no right to decide whether to be pregnant or not, why would they begrudge her the right to decide whether to have sex or not?
09:55 PM on 06/28/2012
Were you not paying attention to what they were up to last year? They made an attempt to change the definition of rape.
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AAHewetson
Intelligence is just fine with me
01:08 PM on 06/28/2012
I think the republican dream can be taken even further.

All women, at the first sign of reproductive maturity, should be compelled to marry and have sex with their good husbands ... lest they become murderers; murderers of the potential baby that each unfulfilled cycle of ovulation represents. Provided that they can supply documentation of frequent coitus during each month - the videos can be reviewed by Rush Limbaugh - they will be forgiven the unfortunate fates of any eggs, unfertilized or fertilized, that fail to implant.

This great nation will never reach its full potential until each and every woman is assured of a rich and rewarding life as a brood-wife.
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Jeff Schweitzer
Scientist; Fmr. White House Senior Policy Analyst
02:56 PM on 06/28/2012
I think you're on to something.
01:01 PM on 06/28/2012
Like his father, Rand Paul merely pretends to be a libertarian (who are called anarchists everywhere outside the US). He fully supports government intrusion into the most intimate issues of a woman's health, just as both he and his father support the use of government coercion to support racial discrimination while believing that the use of government coercion to fight racial discrimination is unconstitutional.