In a field of GOP presidential candidates who spent a good part of their first presidential debate trying to out-extreme each other on the issue of abortion restrictions, Mike Huckabee is trying to stand out by going all in on the idea of fetal personhood, which would criminalize abortion under all circumstances and could even ban common forms of birth control.
As we noted last week, Huckabee seems to have gotten behind the idea that fertilized eggs and fetuses can be granted equal protection and due process rights under the 14th and Fifth Amendments through simple legislation, rather than a constitutional amendment, a legal theory that is disputed by even some major anti-choice groups.
Although Huckabee remains vague on how he would go about granting constitutional rights to zygotes, he seems to have decided that talking about fetal personhood — an idea so unpopular that it has been repeatedly rejected by voters, even in the deep-red states of Mississippi and North Dakota — is his ticket to the GOP nomination.
In an interview with the Christian Broadcasting Network’s David Brody, Huckabee said that the personhood issue is what “separates” him from the other GOP candidates (despite the fact that Rand Paul sponsored a personhood bill in the Senate). He also explicitly rejects the anti-choice movement’s strategy of chipping away at abortion access, saying that although he does want to “eradicate Planned Parenthood,” the GOP also needs “to ratchet up this discussion.”
I think it’s time for us to realize that this is not just about us creating a few little restrictions here and there, stopping funding for various organizations. That’s all good, and I’ve been a part of those efforts, signed every piece of legislation imaginable as a governor when I was in Arkansas, helped pass a human life amendment in Arkansas to our state constitution before I even got involved in politics. But I think now that we really need to focus on that this is about personhood, this is about, is that baby a human being? Because if it is, then, David, we have a constitutional responsibility under the Fifth Amendment for due process, we have a responsibility under the 14th Amendment for equal protection, to provide a protection and due process for that person.
So I think we need to ratchet up this discussion and make it not so much about whether we’re going to fund a particular Planned Parenthood organization — which certainly doesn’t need to be funded, they’re butchers, they should have not tax dollars whatsoever. But even if we eradicate Planned Parenthood, you still have 4,000 babies a day that are dying, so why don’t we take the issue where it really belongs, and that’s personhood.
And the one thing that I think separates me from the other candidates, all of whom are pro-life, or they say they are, is that I think it’s time to invoke the Fifth and 14th Amendment and make this an issue of personhood and start protecting innocent life, that’s how we should be approaching this.