Show me the transcript of that argument

and also show me where using an argument related to personal belief rather than state law gets anything but the sound of a gavel in a state court trial.

Again...we don't know anything about the proceedings but it would seem quite probable that the defense would find citing state law as the only acceptable principles in that court. Also consider what the public outcry would be if this court determined that damages could be awarded because the fetus was a human being despite state law.