This is the fundamental issue at stake in the broader abortion debate. That is, on what conditions does one qualify for protections under the law: life or personhood?

Where Does the Personhood Question Come From?

The philosophical concept of personhood is ancient, but American civil law required a different approach to personhood with the end of legalized slavery. The purpose of the 14th Amendment was to correct the practice of legally recognizing the rights of only a select class.

The 14th Amendment says in part, "…nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The question at issue in Roe v Wade was whether the reference to "any person" included unborn humans.