Danoff
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- Mile High City
So, since we are determining whether a fetus/baby's rights trump that of a mother's or not based on an arbitrary line why not allow that arbitrary decision be made on a state level? We let states determine where the arbitrary line on other rights belongs, to the point of killing people.
...because it's not arbitrary. Who has rights is not arbitrary, it is prescribed by the nature of rights.
It is somewhat arbitrary that infants have rights, and if you want to pick at that, I could see the federal government saying something like "no abortions later than 3 months after birth", at which point the states could say "no abortions later than birth", but they still don't have the latitude to say "no abortions prior to birth", because the mother's rights aren't arbitrary either.
Would you argue that pre-Civil war outlawing slavery wasn't a state right?
Yes. No person at any time in human history has had the right to own slaves - regardless of the law. All slave states were in violation of the constitutional principles (at minimum).
Or now, with gay marriage. Because there is not a federal protection allowing gay marriage, should we go the Santorum route (wow, talk about irony - sorry, I'm just really immature) and prevent states from allowing gay marriage?
The opposite actually. Gay marriage (where marriage is defined as a legal contract between two parties describing a boilerplate set of legal roles and responsibilities) is protected by the constitution as freedom of contract and should not be infringeable by states (also not a state issue).