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I think it opens up a whole new can of worms. You're right, there is an inconsistency in the law, a definite ambiguity (oxymoron unintended). It's just like the law banning late-term abortions. If a fetus isn't a human until it's born, then why should late term abortions be any different? So a fetus IS a human before it's born, according to those laws. I think the best solution would be to define a point in the pregnancy when the baby has "human status."
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