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The limits of “personhood”

Posted By Sharon McCloskey On December 4, 2013 @ 9:41 am In Uncategorized | Comments Disabled

In this excellent post [1], Slate’s Dahlia Lithwick takes a look at the insidious movement to extend and expand “personhood” and argues that the movement’s underlying tenets, taken to extremes by courts and legislatures, wind up demeaning the very essence of being human.

As Lithwick notes, corporations are people — at least for purposes of political expression — following the Supreme Court’s decision in Citizens United v. FEC.  So too will zygotes be if anti-abortion activists have their way with legislators across the country.

And now the Supreme Court will once again address the scope of “personhood”  in the two cases it agreed to hear last week — Hobby Lobby Stores Inc. v. Sebelius and Conestoga Wood Specialties Corp. v. Sebelius, deciding whether coroporations are people for purposes of religious expression as well.

Here’s why that determination should be troublesome for people (human beings) regardless of religious views or politics:

Hobby Lobby and Conestoga are ultimately so worrisome because they fuse together two of the most dangerous right-wing civil rights obsessions of our times: the ambition of large, for-profit corporations to see themselves as people, with faith, convictions, and consciences, and the attempt of citizens, using their own science and their own facts, to declare when legal personhood begins, and then impose universal laws based on those beliefs. The cases are a collision of two very insidious legal metaphors — that personhood begins when any one religion says it does and that religious personhood can be vested in corporations in ways that can be forced on workers. It simply cannot be the case that in a country of 319 million people, we are ready to recognize zygotes and Walmart as legal “persons.” We can protect animals and unborn babies and corporations without also embodying them with a humanity they don’t possess. Turning everything and anything into a “person” ultimately also serves to turn persons into things.


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[1] post: http://www.slate.com/articles/news_and_politics/jurisprudence/2013/12/hobby_lobby_and_corporate_personhood_the_alarming_conservative_crusade_to.html

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