Alabama Supreme Court Chief Justice Roy Moore has been in the news for his interesting take on freedom of religion under the First Amendment:

Speaking at the Pastor for Life Luncheon, which was sponsored by Pro-Life Mississippi, Chief Justice Roy Moore of the Alabama Supreme Court declared that the First Amendment only applies to Christians because “Buddha didn’t create us, Mohammed didn’t create us, it was the God of the Holy Scriptures” who created us.

“They didn’t bring the Koran over on the pilgrim ship,” he continued. “Let’s get real, let’s go back and learn our history. Let’s stop playing games.”

He said something else interesting, though, that seems to have been largely overlooked:

Chief Justice Moore later defined “life” via Blackstone’s Law — a book that American lawyers have “sadly forgotten” — as beginning when “the baby kicks.” “Today,” he said, “our courts say it’s not alive ’til the head comes out.”

He is referring to the Commentaries on the Laws of England by William Blackstone, first published in 1766. I figured I’d see what Blackstone actually said about the issue, because that’s how I roll. In Book 1 (The Rights of Persons), Chapter 1 (Of the Absolute Rights of Individuals), Blackstone writes on pages 125-26: Continue reading →