(1) the Congress declares thatâ
(A) the right to life guaranteed by the Constitution is vested in each human being, and is the paramount and most fundamental right of a person; and
(B) the life of each human being begins with fertilization, cloning, or its functional equivalent, irrespective of sex, health, function or disability, defect, stage of biological development, or condition of dependency, at which time every human being shall have all the legal and constitutional attributes and privileges of personhood; and
(2) the Congress affirms that the Congress, each State, the District of Columbia, and all United States territories have the authority to protect the lives of all human beings residing in its respective jurisdictions.
Lest there be any doubt, this bill is unconstitutional. Congress does not have the power to overrule Roe v. Wade by an ordinary statue, only a constitutional amendment could serve that purpose. Moreover, even if Roe were overruled by the Supreme Court, Ryan and Akinâs bill still attempts to redefine who âthe right to life guaranteed by the Constitutionâ applies to. Again, changing the meaning of the Constitution can only be done through an amendment, not through an ordinary Act of Congress.
Should Ryan and Akinâs personhood agenda take effect, however, it would drastically reduce womenâs reproductive choice. The bill declares that a human egg obtains âall the legal and constitutional attributes and privileges of personhoodâ the moment it merges with a human sperm. Thus, a Blastocyst-American would not only enjoy the same constitutional status as a fully grown adult, it would also enjoy any âlegalâ attributes enjoyed by adults. Because every statesâ law makes it a crime to kill a human adult, the likely effect of Ryan and Akinâs personhood bill would be to treat killing a fertilized egg as the same thing as homicide.
Such an interpretation would not simply ban abortion, it could turn many forms of birth control into the legal equivalent of a murder weapon. Many forms of contraception, including many birth control pills, function in part by inhibiting a fertilized egg from implanting in a womanâs uterus. Thus, Ryan and Akinâs personhood bill could render the act of using many forms of oral contraception the equivalent of a homicide crime.