Spurred by the success of congressional legislation to
ban certain late-term abortions, South Carolina state lawmakers are
gearing up to introduce anti-abortion legislation of their own. While the
aim of one such bill may be well intentioned, the possible consequences
could be devastating.
President Bush is expected to sign into law the ban on so-called
"partial-birth abortions" recently passed by Congress. It would be the
first federal legislation in 30 years to limit the abortion procedure.
In South Carolina, legislators hope to introduce legislation that would
go farther in limiting abortions by recognizing fetuses as living human
beings and offering them protection under the state's criminal and civil
codes. While that bill would exclude punishment for legal abortions, it
would be a first step toward giving fetuses full rights under the law, a
foot in the door toward banning all abortions.
State Rep. Gary Simrill, R-Rock Hill, is the main sponsor of one such
bill. He said he envisions a bill that would give prosecutors the same
rights as those in California who have charged Scott Peterson with the
murders of his wife, Laci, and unborn son, Connor.
A bill that allows prosecution of those who assault pregnant women and
harm their fetuses evokes sympathy. But lawmakers need to consider the
full ramifications of this measure.
There are many ways to harm a fetus, intentionally or not, including
neglect. This bill would open the door to prosecution of women who harm
their babies by smoking, drinking alcohol or even drinking too much coffee
during their pregnancy. Fetal alcohol syndrome, in fact, ranks as one of
the most common and devastating problems afflicting newborns.
Obviously, the authors of this bill don't envision prosecuting women
who unintentionally harm their fetuses. But how could such a law
discriminate between those who harm their own or someone else's unborn
child intentionally and those who do so through ignorance or neglect?
Would women be sent to jail if they fail to wear a seat belt and their
fetuses are harmed in an auto accident? Would nicotine addicts who smoke
throughout their pregnancies be prosecuted if their newborns have low
birth weights or are otherwise adversely affected by the mother's
cigarette habit?
Supporters of this measure no doubt will say that the law would be
selective in who it prosecutes. But the law could not do that and still be
fair.
We suspect that the intention of any law to give fetuses the same
rights as living human beings is to erode the right to legal abortion. But
this approach opens a legal can of worms that would make thousands of
pregnant women subject to prosecution.
It seems unlikely that that many mainstream Americans would support
criminalizing all the ways in which fetuses can be harmed. Once they
understand the full implications of this law, we suspect they would regard
it as going too far.
Thousands of women could he held liable for harming their
fetuses.
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