In section 1 of the 14th amendment it states: “…. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

While not as awe inspiring as some other amendments like the Bill of Rights, the fourteenth amendment remains one of the most controversial Constitutional amendments. It was reviled by many in the south for granting citizenship to former blacks slaves. For many of the same reasons it is still despised by many current conservatives. While not immediately apparent, the 14th amendment is also ensnared in the case of Roe V Wade and Dobbs V Jackson. Roe cites the due process clause and equal protection clause as reasons to allow women to make their own decision on abortion. In the new decision, Dobbs V Jackson, the 14th amendment is cited no less than 101 times in the 213 page decision. The SCOTUS’ linguistic gymnastics conceal the main point of the decision; that women do not enjoy equal protection under the law because they can give birth.

Interestingly enough there is not a single analysis of the potential harm to women in the entire majority decision. No qualitative review of the suffering that the ruling likely imposes. Judgement without empathy is intentionally cruel.

With the new decision, the court declares that it cannot define personhood. This is based on nothing but modern religious dogma and has no basis in classical Protestanism or secular reality. Historical, medical, and legal doctrines have always recognized that fetuses were not people. With the new ruling, the court declares that all conceived eggs could be arbitrarily considered “people” and enjoy equal protection to a pregnant woman if the state permits it.

This radical idea clearly illustrates how the court’s decisions represent a clear and present danger to everyone. To say differently is at best ignorance and at worst malice. The medical, social, and economic horror this will cause cannot be calculated at the moment. This will be measured by a new generation of woman whose bodies will become essentially property of the state and whose path will be forever altered.

What Now?

For Michiganders, we have taken the first step to get the right to choose on the Ballet as a state constitutional amendment. This is just a stop gap to help Michiganders. We must also organize a response that helps women who want abortions to get them without shame and with a level of empowerment that speaks contrary to the court’s message about the role of women in our culture and nation. This will likely mean being involved with a group to provide rides, housing, appointment services, or direct financial support.

Organizing a political response that communicates the practical reality of the court’s decision is critical. Funding like minded policy makers is recommended. If not possible for you, your empowerment can take the form of peaceful lawful protest, canvassing, or working the phone bank.

We also have to let companies know that we will not work or vacation in a state that supports abortion bans. This does not have to be somewhere you actually intend to work. It is sufficient to contact an HR department and let them know that you have not decided to apply as a result of their continued operations in a state with such a reckless disregard for the well being of women. Trying to decide between California and Florida? They both have Disney Parks. Just saying.

Push back against the notion that this is a women’s issue. This is an everyone issue. There is no invisible wall that protects you from the suffering of others.