The Conception Conundrum: Congress And Life's Legal Start

The Life at Conception Act is a piece of legislation that has been introduced in the US Congress, seeking to establish that life begins at conception and that unborn children are persons under the 14th Amendment, thus granting them legal recognition and protection. This act aims to ensure that the 14th Amendment's promise of equal protection extends to the unborn, affirming their right to life. Introduced by Congressman Eric Burlison, the act emphasizes the sacredness and dignity of every life, which deserves protection from the moment of conception. While supporters argue that it fills a gap left by the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, critics argue that it invades women's bodily autonomy and is not based on scientific principles. The bill's passage into law depends on approval from both the House and the Senate, as well as the President's signature.

The Life at Conception Act

On January 24, 2025, Congressman Eric Burlison introduced the Life at Conception Act (H.R. 722) to affirm the fundamental right to life for every human being, born and unborn. This landmark legislation declares that unborn children are "persons" under the 14th Amendment to the United States Constitution, allowing their right to life to be legally recognized and protected.

The Act uses Congress's constitutional authority, including its power under Section 8 of Article I of the Constitution and Section 5 of the 14th Amendment, to define personhood and fulfill the moral and legal obligation to safeguard the lives of the unborn. It ensures that the protections guaranteed by the 14th Amendment apply to the unborn, recognizing them as persons with equal protection under the law.

According to Congressman Burlison, the Act reaffirms the original intention of the writers of the 14th Amendment by declaring that the word "person" includes all persons from the moment of conception. He pointed out that the Supreme Court's landmark decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade but left unresolved the vital question of personhood. "This Act fills that gap by making it clear that unborn children are human beings entitled to protection under the Constitution," he said.

Medical advances in recent decades have strengthened the case for life beginning at conception. Science confirms that a unique human life begins at fertilization, with distinct DNA, a heartbeat detectable as early as five weeks, and measurable brain activity by eight weeks. The Life at Conception Act has garnered support from legal experts, medical professionals, and pro-life advocates nationwide. However, as of March 17, 2025, the bill is estimated to have only a 4% chance of getting past committee and a 1% chance of being enacted.

The 14th Amendment

> “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.”

The Fourteenth Amendment prohibits states from denying "the equal protection of the laws" to "any person." The interpretation of the word “person” is a key issue in the abortion debate. Pro-life advocates argue that the original intention of the writers of the 14th Amendment was to include all human beings, including unborn children, in the definition of "person." They point to the fact that when the Amendment was adopted in 1868, the word "person" had a settled public meaning that encompassed all human beings, including those in the womb.

The Life at Conception Act, introduced by Congressman Eric Burlison, seeks to affirm the fundamental right to life for every human being, both born and unborn. The Act declares that unborn children are “persons” under the 14th Amendment, ensuring their right to life is legally recognized and protected. Congressman Burlison argues that the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, left the question of personhood unresolved. By recognizing unborn children as persons, the Act seeks to provide equal protection under the law for every human being from the moment of conception.

The Recognizing Life Resolution, introduced by Congressman Lamborn, also acknowledges that unborn children are entitled to the protection of life and liberty as established by Section 1 of the 14th Amendment. Congressman Lamborn celebrates the overturning of Roe v. Wade but emphasizes the need for further legislative action to advance and strengthen the protection of human life, starting in the womb. The Resolution calls on Congress, the President, and the courts to fulfill their constitutional obligations to safeguard innocent human life.

Roe v. Wade

In 1970, Coffee and Weddington filed Roe v. Wade as a lawsuit in the U.S. District Court for the Northern District of Texas on behalf of McCorvey, under the legal pseudonym "Jane Roe". The defendant was Dallas County District Attorney, Henry Wade, who represented the State of Texas. The lawsuit was heard by a three-judge panel consisting of district court judges Sarah T. Hughes and William McLaughlin Taylor Jr., and appellate judge Irving Loeb Goldberg of the U.S. Court of Appeals for the Fifth Circuit. On June 17, 1970, the three judges unanimously ruled in McCorvey's favour and declared the Texas law, which prohibited abortions except when necessary to save the mother's life, unconstitutional, finding that it violated the right to privacy found in the Ninth Amendment.

The case reached the Supreme Court when both sides appealed later that year. In 1973, the U.S. Supreme Court's ruling in Roe v. Wade recognized that the decision whether to continue or end a pregnancy belongs to the individual, not the government. The Court held that the specific guarantee of "liberty" in the Fourteenth Amendment of the U.S. Constitution, which protects individual privacy, includes the right to abortion prior to fetal viability. The Court also rejected arguments that favoured "personhood" for fetuses.

In June 2022, the U.S. Supreme Court overturned its previous ruling in Roe v. Wade, abandoning its duty to protect fundamental rights. The ruling in Dobbs v. Jackson Women's Health Organization marked the first time in history that the Supreme Court had taken away a fundamental right. Since the Court's decision in Dobbs, more than a dozen states have banned abortion outright, forcing people to travel long distances to access abortion care or to carry pregnancies against their will, a grave violation of their human rights.

State protections for the unborn

The push for state protections for the unborn has gained momentum in recent years, with several states enacting laws to safeguard the rights of unborn children. This movement has been driven by the belief that human life is sacred from the moment of conception and that the legal system should recognize and protect these lives.

One notable example is the Life at Conception Act, introduced by Congressman Eric Burlison in 2025. This legislation seeks to affirm the fundamental right to life for every human being, born and unborn, by declaring that unborn children are "persons" under the 14th Amendment to the United States Constitution. The Act ensures that the protections guaranteed by the 14th Amendment, including the right to life, liberty, and property, extend to the unborn. It also addresses the question of personhood, which was left unresolved by the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization.

The Life at Conception Act is not the first attempt to provide legal protections for the unborn. In 1973, the U.S. Supreme Court's decision in Roe v. Wade prevented legislators from completely outlawing abortion. However, in 2022, the landscape shifted. Texas' heartbeat bill, which was upheld, demonstrated that protections for the unborn could withstand legal challenges. This, along with the Supreme Court's decision to overturn Roe v. Wade, empowered state legislators to introduce laws providing full protections for the unborn without the fear of immediate federal litigation.

As of 2022, 18 states have enacted laws to fully protect the unborn, with 13 of these states proactively implementing "trigger laws" that took effect once Roe v. Wade was overturned. These laws aim to prohibit abortion at all stages, provide strong definitions of "unborn child," and exclude certain medical procedures, such as separating mother and child during an ectopic pregnancy, from the definition of abortion.

Additionally, the Unborn Victims of Violence Act (18 U.S.C. 1841) offers further protections for unborn children by recognizing them as separate victims in cases of violence. This law, named after Laci Peterson and her unborn son, Conner, imposes additional criminal charges and penalties for harming or causing the death of an unborn child during the commission of certain violent crimes.

Abortion rights

The topic of abortion rights has been a highly debated issue in the United States for decades. The Supreme Court's 1973 ruling in Roe v. Wade established the constitutional right to abortion before fetal viability, energizing the anti-abortion coalition of evangelical and Catholic voters. In the years since, lawmakers have attempted to both uphold abortion rights and overturn the decision, with the term "pro-life" gaining traction in the political landscape.

In 2025, Congressman Burlison introduced the Life at Conception Act, which recognizes "unborn children" as persons with equal protection under the law, from the moment of conception. This Act reaffirms the original intention of the writers of the 14th Amendment, declaring that the word "person" includes all persons from the moment of conception. The Act also states that the right to life, as guaranteed by the Constitution, is vested in each human being, regardless of their stage of life. However, it does not require the prosecution of any woman for the death of her unborn child or prohibit the use of birth control or in vitro fertilization.

The introduction of the Life at Conception Act is supported by groups such as Students for Life Action and the Vitae Foundation, who endorse the idea that all human beings, including those who are pre-born, should have legal protection. They argue that medical advances have strengthened the case for life beginning at conception, as distinct DNA, a heartbeat, and brain activity are detectable signs of a unique human life.

On the other hand, abortion rights supporters argue that Congress should codify abortion rights to protect access to abortion care. House Speaker Nancy Pelosi, for example, criticized the Supreme Court's decision to uphold Texas' restrictive six-week abortion ban, calling it a "dark-of-night decision" that was "flagrantly unconstitutional." In response, the House passed the Women's Health Protection Act by a vote of 218-to-211, which would prohibit states from enacting most abortion restrictions before fetal viability. However, this bill is unlikely to pass in the Senate, where nearly all legislation requires 60 votes to overcome the filibuster.

The debate surrounding abortion rights continues to be a highly contested issue in the United States, with both sides advocating for their respective positions. While those in favor of abortion rights argue for the protection of women's reproductive freedom and autonomy, those opposed to abortion rights emphasize the rights of the unborn child and the interpretation of the 14th Amendment.

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