The inalienable right to life possessed by every human being is present from the moment of initial formation, and all human beings shall be entitled to the equal protection of persons under the law.
Ectopic Personhood and HB493
Bill Fortenberry
I was recently asked to provide an opinion on a bill that has been introduced in both houses of the Alabama legislature. In the House of Representatives, this bill is listed as HB493, and as SB438 in the Senate. The bill was submitted by three prominent Republican leaders – Jack Williams, Greg Reed and Jabo Waggoner, and it provides a very revealing study of the pro-life battle in Alabama.
Before we look at the actual text of this bill, let's review a little bit of the background which led up to this point. Last year, the Alabama legislature passed a single piece of pro-life legislation – the Pain-Capable Unborn Child Protection Act. Prior to the passage of this act, Alabama doctors were free to abort ectopic pregnancies at any stage of development with no regard for the life of the child. Now, however, doctors are required to assess and report the age of the unborn child and, in cases of a post-fertilization age of 20 or more weeks, to administer the abortion "in the manner which ... provides the best opportunity for the unborn child to survive." This requirement has had an unintended consequence which threatens to expose the most securely guarded secret of the abortion industry - the ability of a mother and her child to survive an ectopic pregnancy.
The claim that no child can survive an ectopic pregnancy is the one argument that every abortion proponent holds as a safe haven from pro-life attacks. No matter how heated the discussion and no matter how much he has to retreat, the abortionist knows that he can find a safe haven in this claim. When all else fails, he can turn to his pro-life opponent and ask "What about ectopic pregnancies?"
Alabama's new abortion law threatens to undermine the security of that haven. You see, if doctors are required to report the age of the children killed for developing outside of their mothers' wombs instead of inside of them, then the public would learn that it is possible for those children to survive. And if doctors are required to end such pregnancies in the manner most conducive to the survival of both the mother and the child, then the reports of successful deliveries from ectopic pregnancies would exceed the limits of suppression. The implications of this law are catastrophic to the pro-abortion position.
This is the scene upon which three Republican leaders have been persuaded to introduce HB493 and SB438 into the Alabama legislature. The text of this bill states that:
"The term 'abortion,' when used in the Code of Alabama 1975, or in the Alabama Administrative Code, shall not be construed to include any procedure to terminate an ectopic pregnancy."
It also states that:
"The requirement ... for a physician to make a determination of the probable post-fertilization age of the unborn child prior to an abortion shall apply only to abortion procedures."
If it is passed, this bill will relieve doctors of any responsibility for the lives of those children growing in an ectopic position. This bill would allow them to kill these children at any age prior to birth without the slightest regard for the ability of those children to survive, and it would allow these killings to continue to be administered under a shroud of secrecy. We cannot allow our advances to be compromised in this manner.
Please call, write or e-mail your legislators and urge them to oppose HB493 and SB438. Let them know that we want all abortions to be reported regardless of the circumstances, and that we want every effort to be taken to save the life of every unborn child.
Before we look at the actual text of this bill, let's review a little bit of the background which led up to this point. Last year, the Alabama legislature passed a single piece of pro-life legislation – the Pain-Capable Unborn Child Protection Act. Prior to the passage of this act, Alabama doctors were free to abort ectopic pregnancies at any stage of development with no regard for the life of the child. Now, however, doctors are required to assess and report the age of the unborn child and, in cases of a post-fertilization age of 20 or more weeks, to administer the abortion "in the manner which ... provides the best opportunity for the unborn child to survive." This requirement has had an unintended consequence which threatens to expose the most securely guarded secret of the abortion industry - the ability of a mother and her child to survive an ectopic pregnancy.
The claim that no child can survive an ectopic pregnancy is the one argument that every abortion proponent holds as a safe haven from pro-life attacks. No matter how heated the discussion and no matter how much he has to retreat, the abortionist knows that he can find a safe haven in this claim. When all else fails, he can turn to his pro-life opponent and ask "What about ectopic pregnancies?"
Alabama's new abortion law threatens to undermine the security of that haven. You see, if doctors are required to report the age of the children killed for developing outside of their mothers' wombs instead of inside of them, then the public would learn that it is possible for those children to survive. And if doctors are required to end such pregnancies in the manner most conducive to the survival of both the mother and the child, then the reports of successful deliveries from ectopic pregnancies would exceed the limits of suppression. The implications of this law are catastrophic to the pro-abortion position.
This is the scene upon which three Republican leaders have been persuaded to introduce HB493 and SB438 into the Alabama legislature. The text of this bill states that:
"The term 'abortion,' when used in the Code of Alabama 1975, or in the Alabama Administrative Code, shall not be construed to include any procedure to terminate an ectopic pregnancy."
It also states that:
"The requirement ... for a physician to make a determination of the probable post-fertilization age of the unborn child prior to an abortion shall apply only to abortion procedures."
If it is passed, this bill will relieve doctors of any responsibility for the lives of those children growing in an ectopic position. This bill would allow them to kill these children at any age prior to birth without the slightest regard for the ability of those children to survive, and it would allow these killings to continue to be administered under a shroud of secrecy. We cannot allow our advances to be compromised in this manner.
Please call, write or e-mail your legislators and urge them to oppose HB493 and SB438. Let them know that we want all abortions to be reported regardless of the circumstances, and that we want every effort to be taken to save the life of every unborn child.