You have #2 backwards. The reason we're even debating this is because we can't agree on when the fetus becomes a person with rights. Pro-lifer's are very much arguing that it is murder. 43ish? states currently prohibit abortion after a certain point in pregnancy prior to birth [0][1]

[0] https://worldpopulationreview.com/state-rankings/what-states...

[1] https://www.axios.com/2022/05/14/abortion-state-laws-bans-ro...