Inconsistency of Laws Fetal Homicide and Abortion
Fetal Homicide
38 states treat the unlawful killing of an unborn child as homicide. Read Fetal Homicide Laws.
California Penal Code § 187(a) says, “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” 187 Murder defined.
In People v. Davis (1994) the California Supreme Court interpreted “fetus” to apply “beyond the embryonic stage of seven to eight weeks.” They also held that the viability of a fetus is not required for a murder conviction.
That case was about a pregnant woman (23-25 weeks) who was robbed and shot by defendant in the chest. She underwent surgery to save her life. She did not die. The next day, the fetus was stillborn as a direct result of its mother’s blood loss, low blood pressure and state of shock. Defendant was charged and convicted with assault and robbery and murder of the fetus.
Why are Unborn Children Protected as Victims By Some Laws but Not Others?
Now, I am not asking why women who have abortions (and their abortionists) aren’t charged with homicide, while others would be charged with double-homicide. (Although THAT is a good question).
Why are unborn chidren protected as victims by some laws, but not others?
Does it depend on whether the mother wants her baby?
Is it worse for a stranger to kill a pregnant woman (and her wanted baby) than a woman to kill a baby she doesn’t want?
What if a pregnant woman was killed by a stranger… on the way to get an abortion? Is it still double homicide? (She didn’t want the child).
Many Law Protect Fetal Personhood
Many laws protects “fetal personhood”, as it should. If you are blessed to be a mother-to-be, congratulations! This is great news. Pregnancy doesn’t come easy (contrary to the pro-abortion delusion of “forced birth”). Many, many couples are infertile.
It isn’t outrageous to protect babies in the womb. They are precious lives, just like any other. Remember when pregnant Laci Peterson was murdered by her husband? He was rightfully charged with 2 counts of felony murder.
EMTALA Protects Unborn Children
Other laws, like EMTALA, also protects unborn children. Read it. Do you see where it requires this:
(i) that there is inadequate time to effect a safe transfer to another hospital before delivery, or
(ii) that transfer may pose a threat to the health or safety of the woman or the unborn child.
(And yet, Biden is abusing his power and using EMTALA to force pro-life states to kill babies).
If unborn children are protected as victims in many circumstances, shouldn’t they be protected in ALL circumstances?
Unlimited Right to Abortion?
Most people want some limits to abortion. Deep down, even if they are not aware of fetal protection laws, they know the truth.
In fact, most people say something along the lines of this:
I personally would NOT have an abortion. But I support other women’s right to.
This is what they mean:
I personally wouldn’t kill my baby. But, I support other women if they want to kill theirs.
Pro “Choice”
Don’t let a pretty word like “choice” confuse you.
We are talking about abortion. What is abortion? Ending a baby’s life. If you are not ok with it for yourself, you should not be ok with it for anyone else.
What about rape? This a question that is posed a lot too.
Even though the rationale is the same (why punish the baby with death instead of the rapist?), most states allow do exceptions for rape and incest. (Pro-abortion lies about this!)
Most people don’t want to think about abortion. It’s bad for business, bad for friendships – it can even get you investigated by the State Bar!
I don’t want to argue. I’m just here sharing my thoughts.
Bill Maher
Bill Maher shocked the world when he summed it up quite accurately.
I scold the left when they say “Oh you know what they just hate women”… They don’t hate women – you just made that up. They think it’s murder. And it kind of is. I’m just ok with that. I am. There are 8 billion people in this world. I’m sorry we don’t miss you.
If abortion is murder, no justification is sufficient. If it is not, no justification is necessary.
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