Procreative Liability and Equality before the Law

ABSTRACT Pallikkathayil argues that restrictions on abortion are inconsistent with the usual demands that states place on their citizens. States don't require their citizens to make their bodies available for the protection of other people's interests. Yet, when abortion is restricted, women who can be pregnant are less entitled than other citizens to decide on how their bodies are to be used; then, states fail to treat women as equal before the law. The argument is supposed to hold even if one assumes that fetuses at various stages of development are as morally considerable as (already born) children, and even if, moreover, fetuses have passive citizenship status – that is, if they have claims to state protection. Pallikkathayil's argument comes at excessive theoretical costs, ruling out (a) general duties to help others in the protection of vital interests via relatively non‐burdening donation, e.g. of blood, and (b) plausible although demanding special duties of procreative parents. Nevertheless, I agree with Pallikkathayil's conclusion that existing legal restrictions on abortion violate the state's duty to treat its citizens as equals, and are hence illegitimate; namely, because they fail to hold all procreators ‐ whether or not gestational ‐ equally liable.