Posted on Fri, Apr. 16, 2004


House bill says fetus has rights at fertilization


Associated Press

A House subcommittee approved a bill Thursday that would declare constitutional rights "vest at fertilization."

Rep. Greg Delleney, R-Chester, and Rep. Scott Talley, R-Moore, voted to send the bill to the House Judiciary Committee. Rep. James Harrison, R-Columbia, did not vote, saying the bill was unconstitutional because it contradicted the 1973 landmark U.S. Supreme Court Roe v. Wade decision.

"We can't amend our laws to change that decision," Harrison said.

Supporters hope a new federal law, the Unborn Victims of Violence Act, will give state lawmakers a reason to pass the bill. The federal law makes it a crime to kill or harm a fetus but applies only to assault cases.

Rep. Ralph Davenport, a Boiling Springs Republican and the bill's author, argues that the constitution guarantees due process for everyone, including a fetus.

"The right to life applies to all human beings, regardless of what stage of development they are in," Davenport told the subcommittee.

Harrison said he doesn't think the Supreme Court is ready to overturn Roe v. Wade.

"Maybe we're moving in that direction, but I don't think we're there yet," he said.





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