When unborn persons are excluded from the census, it is harmful to them in many ways regardless of their representation, or lack thereof, in Congress. This is much like the 3/5 clause that hurt slaves by reporting them as less than full persons in the census. That clause served as the Constitutional basis for the slavery system. Ratification of the 14th amendment meant that slaves must be treated, and counted, as full human beings. Unborn children should not only be included in the census count to gain adequate representation in Congress, but also to be accorded the dignity, value, social standing, civil and natural rights, and legal recognition owed to every human being.
The 14th amendment uses the word "person" differently in its first two sections. Section 1 concerns civil rights and the definition of a "citizen." Section 1 includes corporations as "persons, though they are not human beings. Section 2 refers to who is to be included in the census count (i.e. - all residents) for apportionment of Congress. Rep. John Bingham, (R-OH), the author of the 14th Amendment, said the only test is, "Is it a man?" Since corporations are not part of the human community, they are not counted. Unborn children are part of the human population. Since an unborn child is a human being, the Constitution requires that child to be included in the census count.
According to Article 1, Section 2 of the Constitution, as amended by the 14th Amendment, Section 2, the census is required every ten years to count every "person," that is, every human being who is an inhabitant of the United States, for the purpose of reapportioning seats in the House of Representatives.. Based on this reapportionment, states may gain or lose seats in Congress, and also gain or lose electors in the Electoral College, which casts votes for election of the President of the United States.
Every person in a household should be listed on the census form. A woman who was pregnant on April 1, 2020, Census Day, could list her unborn child on the census form, just as she would list any other child or person. If she is aware of the sex of the child, she can register it. If not, she could opt to delay the form submission until the child’s sex is known, or until the child is born and named. Forms that are submitted, or updated, several months after the census date are included in the count, as long as they list persons that were alive on Census Day.
The federal Unborn Victims of Violence Act, enacted in 2004, and about 35 similar state fetal homicide laws, protect unborn children from violence, other than abortion, while in the womb. Under these laws, an unborn child is recognized as a person, considered a victim of homicide, and is given protection of the law. Only a human being, a "person," can be a victim of homicide. Since the federal government and at least 35 states recognize the unborn as "persons," they should be included in the census count.
Roe v. Wade said the unborn were never recognized in the Constitution and laws as "persons" in the whole sense. In support of that finding, in a footnote, Justice Blackmun stated that, to his knowledge, no unborn child had ever been counted in the census. However, this does not mean that the law has never recognized the unborn as persons in any sense, and does not mean that they cannot be taken into account. Blackmun acknowledged that the case for abortion would collapse if the personhood of the unborn was ever recognized.
The Carnegie Stages of Human Embryonic Development are recognized internationally by human embryologists as the gold standard for reliable scientific data for sexually reproduced human beings. The Carnegie Stages, included in any authoritative embryology textbook, document the eight weeks and 23 stages of human growth of an embryo. Carnegie Stage 1a represents the beginning of a new, sexually reproduced human being.
Biological research and medical science, such as in vitro fertilization, cryopreservation (i.e..- freezing) of embryos, genetic testing, ultrasound, and fetal surgery, all point to the fact that the life of every sexually reproduced human being starts at fertilization. Counting each unborn child in the census as a person would give that child the recognition of personhood and public acceptance.that he or she deserves.
Though the 2020 U.S. Census count is already underway, and even after it ends, we will continue to demand that the Census Bureau carry out its constitutional mandate to include every "person," including unborn "persons," in the census count. Join us in our campaign to give every unborn child the due concern and respect it deserves. Contact us to receive updates concerning our efforts to influence Congress, the President, and the Supreme Court.