The Weaponization of Language in the Fight Against Abortion Rights

Bills that classify abortion as “homicide” reinforce the legal doctrine of “fetal personhood,” which aims to grant embryos and fetuses legal rights and protections—often at the expense of the women carrying them.

The Life at Conception Act comes on the heels of the Alabama Supreme Court’s ruling on February 16, 2024, which declared that frozen embryos created through in vitro fertilization (IVF) are legally considered “unborn children” for purposes of civil liability. That decision, which relied on a broad interpretation of Alabama’s Wrongful Death of a Minor Act, sent shockwaves through the medical and legal communities, raising urgent concerns about how personhood laws could upend reproductive healthcare.

Now, H.R. 722 takes that dangerous logic even further. Burlison’s bill attempts to use the 14th Amendment—a provision meant to guarantee equal protection under the law—to grant full legal rights to fetuses, from the moment of conception. This is not simply an attack on abortion rights; it is an extremist attempt to embed fetal personhood into federal law, making abortion equivalent to homicide. If successful, this measure could criminalize abortion nationwide and open the door for pregnant people to be prosecuted for seeking essential healthcare.

This is happening nationwide. In North Dakota, House Bill 1373 seeks to redefine “human being” in state code around homicide and assault to include “an unborn child” from the moment of fertilization. Indiana’s House Bill 1334 proposes a similar change. Meanwhile, in Oklahoma, Sen. Dusty Deevers has introduced Senate Bill 456, which would classify the destruction of an embryo or fetus as a “killing,” carrying the same legal penalties for homicide. Then there’s the “Prenatal Equal Protection Act”  in South Carolina which not only classifies abortion as a homicide, but also “ensure[s] that an unborn child who is a victim of homicide is afforded equal protection under the homicide laws of the state.”

The Extremist Roots of H.R. 722

The bill’s language exposes its underlying purpose: to elevate the rights of a fertilized egg over those of the person carrying it. In a press release, Burlison declared, “Every life is a sacred gift from God, deserving of dignity and protection from the moment of conception.” This is not a statement of legal principle—it is a religious belief masquerading as policy. Yet, Burlison and his supporters seek to enshrine this belief into law, imposing their ideology on the entire country, regardless of constitutional protections or medical realities.

H.R. 722 has already garnered support from anti-abortion groups such as Students for Life, National Pro-Life Alliance, and Catholic Vote, as well as 68 co-sponsors in the House. This bill is not just a symbolic gesture; it is part of a broader strategy to dismantle reproductive rights, one insidious step at a time.

The Consequences of Fetal Personhood

Fetal personhood laws have long been a terrifying prospect for reproductive rights advocates. These laws have been used in multiple states to prosecute people for pregnancy outcomes, including miscarriages, under the guise of protecting fetal life. Now, with the Alabama ruling and H.R. 722, the implications could be even more devastating:

• Criminalization of Abortion Nationwide: If a fetus is granted the same legal rights as a person, abortion could be classified as murder in all 50 states. Anti-choice lawmakers are already pushing laws to classify abortion as homicide, with four states—Oklahoma, North Dakota, Indiana, Oklahoma, and South Carolina—introducing such targeted measures. In South Carolina, Oklahoma, and Indiana, this could mean sentencing women to death. In Texas, where the death penalty is also in place, twelve lawmakers have pledged to introduce similar legislation.
• Threats to IVF and Fertility Treatments: The Alabama Supreme Court’s ruling has already led to IVF clinics pausing services due to fears of legal repercussions. If H.R. 722 were enacted, the destruction of embryos, a routine part of the IVF process, could be considered a criminal act.
• Legal Precedent for Pregnancy Surveillance: By granting embryos and fetuses full legal rights, the government would have increased authority to monitor and regulate pregnant people’s behavior. We have already seen cases where individuals have been prosecuted for substance use during pregnancy—this bill would vastly expand such punitive measures.

A Blatant Misuse of the 14th Amendment

Perhaps one of the most glaring hypocrisies of this bill is its invocation of the 14th Amendment. The same Republican lawmakers who are attempting to use the amendment to extend rights to fetuses are simultaneously working to strip actual living, breathing children of their constitutional rights. President Donald Trump recently signed an executive order attempting to deny birthright citizenship to children born in the U.S. to undocumented parents—an explicit violation of the very amendment Burlison claims to be upholding.

This bill is not about equal protection. It is about control. It is about forcing pregnancy on individuals, regardless of their circumstances, their health, or their will. And it is about cementing religious extremism into law at the expense of personal freedom.

The Majority of Americans Stand for Reproductive Freedom

The vast majority of Americans support the right to abortion. Since the fall of Roe v. Wade, voters in state after state—red and blue alike—have turned out to protect reproductive rights. Yet anti-choice politicians, emboldened by a stacked Supreme Court and well-funded extremist groups, continue to push their agenda in defiance of public opinion.

We cannot allow this radical legislation to go unchallenged. NOW-NYC remains committed to fighting for reproductive freedom, exposing the dangerous implications of bills like H.R. 722, and ensuring that every person has the right to make decisions about their own body without government interference.

Take Action

Make no mistake—this bill is a direct threat to our fundamental rights. This is how you can take action:

• Call your representatives and urge them to oppose H.R. 722. Find your U.S. Congress member, as well as your New York State Senate and Assembly representatives.
• Support organizations fighting for reproductive justice. Pregnancy Justice, the Center for Reproductive Rights, and the National Institute for Reproductive Health are leading the charge. All of these organizations accept donations and need your support.
• Stay informed and spread the word about the real consequences of fetal personhood laws. Follow us on Instagram for more updates.
• Prioritize your wellbeing. This is a marathon, not a sprint, so it’s important to take time to rest and recharge. Our team likes to unwind at the end of the day with a relaxing sound bath.

The fight for reproductive freedom is far from over. But together, we can and will push back against this extremist agenda. Our rights and reproductive health depend on it.