I'll attempt to answer my own question with my own biased opinion and provide some background and/or evidence for it.
It is essentially a question regarding the rights of an actual sentient human versus the rights of a non sentient *potential* human, so now we're back to actual vs potential. The rule of law have established a clear precedent here and would be hard pressed to go against it; it'd risk losing coherence and credibility in doing so. The actual is always (to my knowledge) valued higher than the potential in a court of law. This would indicate that the rights of the woman supercedes the rights of a fetus, *particularly* in cases where the fetus is unwanted - i.e essentially an invading organism in the body of a woman. Brought to existence by actions taken by the woman - in a similar way that injuries to a human after a car crash are brought to existence because of the actions taken by that human prior to the crash. Both could have been prevented, but weren't, and in both cases we deal with consequences that are unwanted.
I'll be a little facetious and daring here.
From Webster's Revised Unabridged Dictionary (1913) :
Parasite \Par"a*site\, n. [F., fr. L. parasitus, Gr. ?, lit., eating beside, or at the table of, another; ? beside + ? to
feed, from ? wheat, grain, food.]
3. (Zo["o]l.)
(a) An animal which lives during the whole or part of its existence on or in the body of some other animal, feeding upon its food, blood, or tissues, as lice, tapeworms, etc.
(b) An animal which steals the food of another, as the parasitic jager.
From WordNet (r) 1.6 :
parasite
n 1: an animal or plant that lives in or on another and from which it obtains nourishment [ant: host]
Heheh, you get my point. I'm arguing, just to raise some controversy, that an unwanted zygote or fetus could be seen as a foreign organism which obtains nourishments from a host - i.e a parasite
![Smiley :)](http://bbs.hitechcreations.com/smf/Smileys/default/smile.gif)
. A human parasite, but a parasite nonetheless. Don't pick this part of my argument apart, it's meant to be more of a thought provoker than anything.
Ok, next step on my agenda:
Human life vs A human lifeWhat constitutes human life? In the broad sense of the definition, that'd include "life built on DNA belonging to the human species". As such, humans cells are human life; our hands, fingers, toes, guts and so forth are human life. Cancer cells growing indefinitely long after its human carrier is dead is human life. Human hair wouldn't be human life, since it'd be dead, but it'd *definitely* be *human*.
A human, however, is more than just human life. It's the combination of a multitude of parts where the result is greater than the sum of its parts. It's more than just human life in the sense that a human clearly is more than a group of cancerous cells.
So, the woman is an *actual* human, an alive, sentient being. The zygote or fetus, while clearly human, is only a *potential* human being.
It is therefore clear to me that the rights of the actual sentient human supercedes the rights of the potential human, or said in other words, the rights of a human being supercedes the rights of human life (which there aren't many of). Human life does not have the right to life, for instance.
Off the soap box. I've let some things out trying to keep the text volume down, but it turned out as more than i wanted anyhow. I just feel that an explanation or stance on this subject is much more complex than simply "it's murder, no it's not"