Personhood: The New Civil War Over Reproduction

The next phase of the war over reproduction in America

What’s next for the battle over abortion? Mary Ziegler argues that simply undoing Roe v. Wade has never been the endpoint for the antiabortion movement. Since the 1960s, the larger goal has been to secure recognition of fetuses and embryos as persons under the Fourteenth Amendment of the U.S. Constitution, a step that the modern antiabortion movement argues would make liberal abortion laws unconstitutional.

Personhood chronicles the internal struggles and changing ideas about race, sex, religion, war, corporate rights, and poverty that shaped the personhood struggle over half a century. The book explores how Americans came to take for granted that fetal personhood requires criminalization and suggests that other ways of valuing both fetal life and women’s equality might be possible. Ziegler ultimately shows that the battle for personhood has long been about more than abortion: it has aimed to overhaul the regulation of in vitro fertilization, contraception, and the behavior of pregnant women; change the meaning of equality under the law; and determine how courts decide which fundamental rights Americans enjoy. This book is necessary reading for anyone seeking to understand the era launched by the reversal of Roe.

Mary Ziegler is the Martin Luther King Jr. Professor of Law at the University of California, Davis, and author of six books on the law, history, and politics of abortion and American conservatism. She lives in Sausalito, CA.