Assuming fetuses are "persons" within the meaning of the Constitutional text (which is jwalsh07's contention, and one with which I disagree), cannot a reasonable contention be make that a law which legalizes the killing of fetuses but does not legalize the killing of other persons, is a denial of the equal protection of the laws?
"Assuming fetuses are "persons" within the meaning of the Constitutional text (which is jwalsh07's contention, and one with which I disagree), cannot a reasonable contention be make that a law which legalizes the killing of fetuses but does not legalize the killing of other persons, is a denial of the equal protection of the laws?"
Of course!
Absolutely!
But my point is that what constitutes "person" within the meaning of the Constitutional text isn't defined by the Constitutional text. It's defined by the Courts and Congress and Executive agencies that operate under the Constitutional text.
The Constitution protects "persons".
What a "person" is, is defined by the Courts and Congress, and the Executive agencies.
Whatever they define a person as is then protected...insofar as the protection is understood to be granted by the Constitutional text by the Courts and agencies that enforce it and decide what "protection" means, and what limits it has.
I suppose an easier shortcut to all of this is to just say "Words mean what the Supreme Court say they mean".