"When women are compelled to carry and bear children, they are subjected to “involuntary servitude” in violation of the thirteenth amendment. Abortion prohibitions violate the amendment’s guarantee of personal liberty, because forced pregnancy and childbirth, by compelling the woman to serve the fetus, created “that control by which the personal service of one man [sic] is disposed of or coerced for another’s benefit which is the essence of involuntary servitude.” Such laws violate the amendment’s guarantee of equality, because forcing women to be mothers makes them into a servant caste, a group which, bu virtue of status of birth, is held subject to a special duty to serve others and not themselves. This argument makes available two responses to the objection that the fetus is a person. The first is that,even if this is so, the fetus’ right to continued aid from the woman does not automatically follow. As Thomson observed, “having a right to life does not guarantee having either a right to be given the use of or a right to be allowed continued use of another person’s body-even if one needs it for life itself.” Quite the reverse, giving fetuses a legal right to the continued use of their mothers’ bodies would be precisely what the thirteenth amendment forbids. The second response is that since abortion prohibitions infringe on the fundamental right to be free of involuntary servitude, the state bears the burden of having to show that the violation of this right is justified. The state cannot carry this burden, because no one knows how to prove (or disprove) that a fetus is, or should be considered, a person. The mere possibility that it “might” be is not enough to justify violating women’s Thirteenth Amendment rights by forcing them to be mothers."

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Added on April 10, 2026
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Original Language: English

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pp.484-485.

https://en.wikiquote.org/wiki/Thirteenth_Amendment_to_the_United_States_Constitution