Did Texas Just Pass a Gun Control Law?
Texas anti-abortion law violates Castle Doctrine
Texas Castle Doctrine laws recognize the right of an individual to enforce one’s property rights against infiltrators with no obligation to retreat. Since a gun is presumed to be the most likely instrument of enforcement, castle doctrine laws often get labeled as “gun laws” by several among the commons.
A woman’s body is her property. When her property (the body) and often her life is under threat from anything that endangers her life, Stand Your Ground or Castle Doctrine laws of the land should offer her a right to defend.
When a woman is raped and made pregnant, a woman’s property rights have not only been violated but also the perpetrator has coveted part of the property — her womb — through the establishment of a fetus. Under Castle Doctrine, the woman should have the freedom to evict the illegal encroachment, with no regard to the life of the infiltrator.
Further, Castle Doctrine laws in Texas doesn’t obligate the property owner to retreat or reason with the negotiator. When growth of a child in the womb threatens a woman’s life, the woman should be able to defend her life by eliminating the threat (Self-Defense using Deadly Force — Texas Penal Code § 9.32).
Following a logic similar to that of the anti-abortion law passed by the Texas legislature, an aggravated robber must not only be reasoned and fed by the property owner, at the risk of the owner’s life and then let go, but also should be cared for after departure from the property.
The anti-abortion law passed by the State of Texas blanket bans aborting any fetus with a heartbeat. Following a logic similar to that of the anti-abortion law, an aggravated robber must not only be reasoned and fed by the property owner, at the risk of the owner’s life and then let go, but also should be cared for after departure from the property. This violates Castle Doctrine.
Does castle doctrine justify every abortion?
No. When a woman willingly bears a child, she has established a 9 month contract to rent out her womb to someone with the full knowledge that the renter has no other means of survival outside of the property once entered into contract. It would then be improper for Castle Doctrine to be applied to freely evict such a renter without due process.
This article doesn’t attempt to evaluate the morality of Castle Doctrine or whether some abortions are right or wrong, or attempt to settle the debate around when life begins.
Demand for an animal’s right to live is a progressive issue. Hence, it is likely that this debate on when human life begins will subside, especially as contraceptive methods become more reliable, genetic research and artificial insemination techniques become more advanced and women are perceived less disadvantaged by the pre-natal cycle, and over the course of bringing up a child.
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