The first misconception is that embryonic stem cell research is not legal. The fact is embryonic stem cell research is completely legal. Research on embryonic stem cells has taken place for years.
Torture is such a slippery slope as soon as you allow a society or any legal system to do that almost instantly you get a situation where people are being tortured for very trivial reasons.
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I've always been driven by the concept of equal justice under the law but only the rich can pay great sums of money for legal assistance and that puts them at an advantage over the poor.