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Law professor Laurence Tribe argued shortly after Roe was
decided that it is only on the basis of religious faith that anyone
could determine when the fetus becomes a person or a full human
being. Since there are no secular arguments, he concluded that
any ruling on the matter would involve the Court in a sectarian
controversy and constitute excessive entanglement of government
and religion.
Was Tribe correct? He seems to have assumed that secular philosophical analysis could offer no arguments on the subject. What about the work of a liberal like Tooley or a conservative like Brody? Their arguments make no appeal to religious doctrine, theology, or scripture.
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