This article originally appeared on WND.com
Guest post by Bob Unruh
“The constitutional ruling tilts the balance of the law in favor of protecting fetuses.”
An Alabama Supreme Court ruling made a stunning ruling: that fetuses are “children” under state law and are protected by the same laws that apply to children who have already been born.
The decision essentially determined that unborn children are persons. The question is whether state law protecting children excludes unborn children.
“Under the current black-letter law, the answer to that question is no: the unlawful killing of a minor statute applies to all unborn children, regardless of their location.” The court said. “[T]The relevant legal text is clear: the unlawful killing of a minor law applies on its face to all unborn children, without restrictions.
This decision overturned a lower court ruling that dropped a case brought by three couples over the destruction of their embryos at a clinic.
“The unlawful killing of a minor law applies to all unborn children, regardless of their location,” the court said.
“The couples who filed the lawsuit claim that a wandering patient gained access to the cold storage area, removed the embryos from the freezer, and dropped the embryos on the floor, destroying them,” a Fox report explained.
The ruling returns the case to the Mobile Circuit Court for further proceedings. The husbands are demanding compensation.
The previous one has already been used.
“Today, Liberty Counsel submitted supplemental authority to the Florida Supreme Court regarding the proposed abortion amendment to the Florida Constitution. Currently, the Florida Constitution protects the rights of a ‘natural person.’” During oral argument on February 7, Florida Chief Justice Carlos Muñiz asked attorneys on both sides On the abortion issue whether the ballot summary should tell voters how the proposed abortion amendment would affect the Constitution if its definition of “natural person” also includes, the legal team explained, unborn.
“Liberty Counsel uses the Alabama ruling to claim that the Florida Constitution, like the Alabama Constitution, affirms ‘that the unborn child is deemed to be competent for human life, a human being, and a person.’” In response to Chief Justice Muñiz’s question, Florida’s misleading amendment proposal as written misleads Voters by failing to explain how the fetus will be deprived of its protected right to life.
“All parties to these cases, like all members of this Court, agree that the unborn child is a genetically unique human being, whose life begins at fertilization and ends at death. The parties also agree that the unborn child is usually described as “human life,” “human being,” or “person,” as these words are used in ordinary conversation and in the text of Alabama’s wrongful death laws. This is true, as everyone acknowledges, at all stages of the development of the unborn child, regardless of Regardless of its viability.
It stated that “the ordinary meaning of the word ‘child’ includes unborn children.”
Chief Justice Tom Parker, writing in special concurrence, said, “A good judge follows the Constitution rather than policy, except when the Constitution itself orders the judge to follow a particular policy. In these cases, that means upholding the sanctity of unborn life, including Unborn life that exists outside the womb. Our state constitution contains the following declaration of public policy: “Recognizes, declares and affirms that it is the general policy of this state to recognize and uphold the sanctity of unborn life and the rights of unborn children, including the right In life”. “.”
“It has been declared by the people of Alabama that it is the general policy of this state that unborn human life is sacred,” Parker said. “We believe that every human being, from the moment of conception, is created in the image of God. Putting it all together, [the law] It does much more than simply proclaim a moral value that the people of Alabama love. Instead, this constitutional provision tilts the law in favor of protecting unborn life.
“Every unborn life is a human being,” said Matt Staver, president of Liberty Counsel, which has fought on pro-life issues for decades. “Every human life begins as a fetus, and now the Alabama Supreme Court has upheld its citizens’ decision that every unborn life must be protected,” said Matt Staver, president of Liberty Counsel, which has fought on pro-life issues for decades. regardless of its stage or location.This important ruling has far-reaching implications. Liberty Counsel uses this precedent to argue that Florida's deceptive and misleading abortion amendment violates Florida's own laws that routinely recognize an “unborn child” as having legally protected rights as a person. Unborn life must be protected at every stage.”
Declaring that the fetus retains its personality for a long time has been a goal of the pro-life movement, because if the unborn are “persons” under the law, then all the legal protections of the Constitution and the law apply to them as well.
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