Truth is Stranger than Earth Muffins: When is a Fetus a Human Being?

On June 29th, Brandy Bottone, a pregnant Texas woman was pulled over by a Dallas County sheriff’s deputy for driving in an HOV (high-occupancy vehicle) lane.  When asked where her other passenger was, she pointed to her belly (she was 34 weeks pregnant).  Ms. Bottone claimed that, in the wake of the U.S. Supreme Court’s overturning of Roe v. Wade, her unborn baby qualified as a living child under Texas state law.  She received a $275 ticket for the HOV lane violation.

The killing of an unborn child is considered murder in Texas.  In fact, Texas law states,

  1. The right to life for each born and preborn human being vests at fertilization
  1. Due process rights guaranteed by the laws of this state for each born and preborn human being vests at fertilization

Why then, is a fetus not entitled to the same rights and protections as other human beings?  And why aren’t unborn babies subject to the same laws and restrictions as others?

In the months to come, Earth Muffins expects to see numerous ramifications of the various state laws against abortion.  If a woman lives in a state where a fetus is considered a human being:

  • Can she claim the child as a dependent on her income tax return?
  • Will she have to buy an additional airplane ticket or movie ticket for her baby?
  • Does an unborn baby qualify for child support?
  • If a pregnant woman commits a crime, will her baby be charged as an accomplice?
  • Can colleges charge twice the tuition to a pregnant woman?  
  • Should people celebrate their Conception Day as well as Birthday each year?
  • Will a fetus be able to apply for a Social Security number?
  • Can fetuses sue their mothers for damages if they are drinking alcohol, using drugs or smoking cigarettes?

Ms. Bottone’s citation was dismissed but, in August, she received a second ticket for driving in the HOV lane.  That case is still pending.

To get ahead of things, Earth Muffins is now soliciting applications from unborn children to join our staff.  Please spread the word.

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