The collapse of Roe v. Wade must unite us

By Gualberto Garcia Jones, Esq. — With the fall of Roe v. Wade imminent, it’s time to unite the fractured pro-life movement around its core principle—equal protection, without exception.

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The pro-life movement is about to be given what it has always wanted: The chance to enact laws to build a culture of life in the United States. But with that opportunity comes the daunting task of convincing our fellow citizens of the absolute evil of abortion.

Abolishing slavery did not immediately end discrimination or guarantee equal protection for Black Americans. Similarly, overturning Roe v. Wade and eliminating the so-called fundamental right to abortion will not end the killing of the pre-born or grant them equal protection under the law. As with slavery, we as a people must recognize and protect the personhood of every human being.

Now that the fall of Roe v. Wade appears imminent, the pro-life movement must unite around our shared, fundamental, inviolable belief: Life begins at conception and intentionally taking the life of an innocent pre-born child is never acceptable.  

A fundamental principle: Equal protection under the law

Pro-lifers know that overturning Roe v. Wade will not be enough to protect the pre-born. What is needed is the equal protection of the law as applied to the pre-born child.

“Equal justice under the law” is so fundamental to the American ideal that it is literally carved into the stone facade of the United States Supreme Court. In constitutional law, this ideal has been developed into the principle of equal protection.

We must put behind us old disagreements that have fractured us—not the least of which was how to end Roe v. Wade. We must focus on how to convince our fellow citizens to pass legislation that reinforces the equality of the pre-born child and avoids drawing irrelevant distinctions.

Compromise is not acceptable

The temptation will rise to try to poll our way into political wins.  Politicians will do what politicians do—they will compromise. But the pro-life movement must not compromise.  

There is no compromising on matters of life and death.

While politicians have to compromise to achieve legislative objectives, our job as pro-life citizen advocates is different. Our job is to insist on legislation that does not violate our principles.

If abortion law is put back in the hands of state legislators, pro-lifers must singlemindedly advocate for pro-life legislation throughout the country that recognizes the equal dignity of the child in the womb, while simultaneously pouring ourselves into the work of making our communities more life-affirming.  

If we do not advocate for equal protection, we will undoubtedly slide towards a European model where abortion is somewhat regulated, and the child is denied equal justice.

Discrimination is not justice

We know that courts have exploited internal inconsistencies in pro-life legislation to justify discrimination against the pre-born.  A perfect example of this is illustrated in Footnote 54 of Roe v. Wade:  

“When Texas urges that a fetus is entitled to Fourteenth Amendment protection as a person, it faces a dilemma. Neither in Texas nor in any other State are all abortions prohibited. Despite broad proscription, an exception always exists.”

Some pro-life commentators argue that Justice Blackmun was not being serious in Footnote 54.  But justice demands consistent application of fundamental principles. Blackmun was indeed serious in pointing out that pro-lifers were not willing to practice what they preached.  Either the right to life of innocent human beings is fundamental, or it isn’t, posited Blackmun.  

The time to unite is now

The pro-life movement faces a monumental task and an incredible responsibility, just as we always have.  My prayer is for unity of purpose among the pro-life ranks.

It is time to unite the clans.

To learn more about the work of the Personhood Alliance and our 100% pro-life, no exceptions stance, subscribe to our email list.

Gualberto Garcia Jones, Esq., is the legal counsel and former president of the Personhood Alliance and is the executive director of the International Human Rights Group. For the past 15 years, Mr. Garcia Jones has served as a legal expert on human rights issues for various organizations and campaigns in the U.S. and internationally. He is a member of the bar in the Commonwealth of Virginia, has drafted dozens of legislative proposals, and advocates for the defense of human rights before international, federal, and state governments. Mr. Garcia Jones has submitted numerous legal briefs before several courts, including the U.S. Supreme Court and the Constitutional Court of Colombia.

3 comments on “The collapse of Roe v. Wade must unite us

  1. David Bjornstrom says:

    Great article!

    The pro-life movement, to be taken seriously, needs to fully acknowledge what modern science, genetics, common sense and ultrasound machines all tell us, that the pre-born are tiny human persons who deserve to be protected with no exceptions. There can be no real respect for a watered-down pro-life position that argues for abortion “restrictions” while saying it is OK to kill pre-born babies before a certain age or in the “hard cases.” The majority of Americans are good people who will want to protect the pre-born if they truly understand that these are real people.

  2. Lila says:

    Life absolutely begins at conception, if you follow the science like we so often hear those who promote it say , there should not even be a debate about it. And they are a person, with rights under the constitution the same as any person after birth. (in today’s world, there are many who do not think everyone has equal rights under the law in anything ) Those who sacrifice their children to the gods of convenience, dont want another child or this child , wrong sex, has Down’s syndrome or whatever god they are serving….its usually self regardless of the reason given……will have a terrible price to pay when they stand before God who creates life and try to explain why they killed the child he sent. He destroyed cities and people in the OT for the same crime and He has not changed. it is never the child that insisted upon being conceived, pro choice is fine but the choice is not to get pregnant in the first place and in today’s world , one doesn’t have to. Once pregnant then the woman’s body may be her own but the person inside is not a part of her body but a whole new person who deserves the right to life and allowed to be born. It is a most selfish thing to kill your child and it is murder for the Dr or whoever does the abortion. There is more damage done to women by abortionists than having the child…rarely is the mothers life at stake, but it could be having an abortion. Sorry but this is a hot button with me. One that only a person who has no idea about God, life, pregnancy or abortion , what it is, how it’s done and how it affects the woman would ever consider one. A horrible painful way to die…and the baby feels every minute of it. I wonder how they would like to die that way…pulled apart, poisoned, burned or whatever they method they use?

  3. Larry says:

    You are doing a marvelous work.

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