The Secretary of State has counted signatures and has cleared a proposed constitutional amendment legalizing abortion for the November ballot.

It has taken no time for Rep. Brian Seitz to say that if the amendment passes, he will introduce a bill for next year’s legislature declaring fetuses as people or in the terms of the proposal, “unborn children,” giving them the same legal protections as people who have been born.

We are going to raise several questions that are not intended to disparage Rep. Seitz or his efforts but are intended to take the discussion beyond the surface level. They’re philosophical more than they are ideological although the discussion next year at the Capitol is expected to be along lines of ideology which could mean the discussions are more likely to be arguments that will be less thoughtful and reasoned and will be more angry than cooly considerate.

Rep. Seitz is an interesting guy. He’s a military veteran and a Baptist minister from Branson and is a devoted fan of Superman.  His office is decorated with the big guy’s “S” memorabilia and the Representative often wears Superman stuff—as you’ll see from this picture from the Young Americans for Liberty.

House rules require certain levels of dress decorum so you won’t see him on the House floor in blue tights and a cape. But Superman neckties are allowed. And lapel pins.

In the 2022 session, he introduced a bill to ban the use of abortion pills to end ectopic pregnancies—pregnancies in which the fetus attaches outside the uterus, a situation in which the fetus is not likely to survive, a condition that in rare cases has been fatal to the woman.

It is not a simple issue, nor is the issue of fetal personhood (which would apply to ectopic pregnancies, we suppose).

Anyway—some questions that come to mind about fetuses as people:

Several years ago, the Supreme Court ruled that corporations were people when it comes to free political speech, a decision that has in the view of many people allowed for all kinds of campaign finance inequities and has furthered the development of oligarchical government. Would this legislation declare that fetuses have the same legal standing as corporations?

They couldn’t make campaign donations, of course, but couldn’t this open up all kinds of mischief by political surrogates?

Speaking of surrogates.  A fetus carried by a surrogate—-who has the final say in what happens to that fetus?  The woman carrying it?  The parent who supplied the egg?  The parent who supplied the sperm?  All three?  One?  Now you have three contributors to the fetus’s existence. Who has the final say BECAUSE——

If the fetus has the same citizenship rights as the woman who is carrying it, shouldn’t the woman—-especially if the pro=choice amendment passes in November—have the right to abort it under the state constitution?

If the woman asserts her right, can she be charged with a crime for doing something that is constitutionally legal?  Does she need permission from the egg donor or the sperm donor?

If the amendment is adopted, does not the constitution supersede state law, thereby giving he pregnant woman the ultimate authority?

If the fetus is considered an “unborn person,” should the state have some sort of a record of the creation of this person, i.e. a conception certificate that is kind of a pre-birth certificate that states the names of the parents, a conception date (because if the fetus dies before birth, should there not be a death certificate because it is a person?) or fertilization date or is the implant date the one that should be recorded?

Is a frozen fertilized egg considered a fetus?  To some who argue that life begins when the sperm hits the egg, the answer would be yes, would it not?  Then would we have thousands of frozen persons in various facilities throughout the state?

If a fetus is a person, will a name be required?  How will one know whether the proper name is Jane or John in the first hours after egg and sperm get together?

And in the non-laboratory process of conception, how will the parents know the exact date of fetus-hood and pre-birth (for lack of a better term).

If a woman’s body self-aborts with a miscarriage, who is responsible for the death of this “unborn person.” A person will have died. Should there be a funeral and a burial or a cremation?  Should there be a death certificate. If there is, what would fill the gap in the form for age?

We admit that some of these questions are pretty off the wall. But we think they bear at least a certain level of reality.

Many years ago, almost fifty of them—it was in the early days of The Missourinet’s coverage of the legislature (we went on the air January 2, 1975)— we were covering a hearing on an abortion bill and legislator asked a question of a pro-life witness that has stuck in our mind.

“When does ensoulment occur””

When does a fetus gain a soul and thus become something more than an undifferentiated cluster of cells—a person?   I think I would have remembered if there had been a cogent answer to that question. But it’s a good one to be asked under these circumstances.

We are dealing with the two basic issues of our existence here. Life and Death.  These issues are not be dealt with lightly or with political frivolity.