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Originally Posted by Mack
The crux of the matter is that it should not be up to the government to decide when a fetus becomes a human.
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Until that moment has been determined, this topic can never be resolved, legally, that is.
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The government has no right to interfere in that matter.
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Governments don't have rights, they have 'authority'. And yes, the US government has the authority to interfere in this matter.
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This leaves it up to the mother, and so in an ideal world it would be up the mother whether to determine if the fetus was a human or not and therefore whether or not a double murder was commited. Unfortunately the mother is dead, so we assume the mother would consider the fetus a child and don't really care if we aren't giving the murderer the benefit of the doubt.
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What if a woman decides that the child is a fetus until it is 5 years old?