Abstract
Two generations after the renewed focus on state constitutions, questions remain whether state constitutional amendments are an effective means for changing public policy, for protecting human life, or for challenging Roe v. Wade. Our aim in this article is to examine their likely legal impact on state law and their legal impact on Roe v. Wade. Part II summarizes the history and current legal protection for the unborn child as a human being or person in the law. Part III examines whether these "personhood" amendments conflict with Roe. Part IV looks at the practical legal implications of applying the due process clause to developing human beings. Part V takes the same look at the application of the equal protection clause. We conclude with brief comments on the goals and means of such state amendments.
Recommended Citation
Clark D. Forsythe & Keith Arago,
Roe v. Wade & the Legal Implications of State Constitutional "Personhood" Amendments,
30
Notre Dame J.L. Ethics & Pub. Pol'y
273
(2016).
Available at:
https://scholarship.law.nd.edu/ndjlepp/vol30/iss2/4