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Apr. 22, 2003 There's an uproar surrounding the recent announcement by California prosecutors that they are charging Scott Peterson with the murder of his unborn son. Supporters of women's choice say it undermines their cause. The rub, for them, is that if Scott Peterson can be convicted of murdering an unborn child, how can abortion of an unborn child be considered acceptable? While the topic of abortion is highly controversial, this situation has an important aspect to it. In the Peterson case, his unborn child was an 8-month-old fetus, a individual old enough to survive outside the womb. Perhaps you are surprised by this discussion. Many people believe that abortion is only legal during the first three months of life. However, that is a misconception that the pro-choice crowd has gladly perpetrated. In the 1973 Supreme Court decisions that legalized abortion throughout the nation, the majority ruled that no state could restrict abortion in any significant way throughout the pregnancy. While the rulings seemed to allow restrictions to be place on abortions in the third trimester, the conditions for placing restrictions were unusual. What made them unusual was that a state could not restrict abortion in a way that would put the mother's life or health at risk. "Health," in this case, was defined very broadly to include general maternal well-being. This definition effectively rendered any meaningful attempts to restrict abortion impotent. As a 1982 U.S. Senate Judiciary Committee concluded, "No significant legal barriers of any kind whatsoever exist in the United States for a woman to obtain an abortion for any reason during any stage of her pregnancy." Essentially, a woman can have an abortion in the first six months of pregnancy for no reason, and in the last three months for any reason. An therein lies the dilemma. If a woman can legally take the life of her unborn, 8-month-old fetus, and yet another person taking the life of the same child can be convicted of murder, how can this be considered fair? Amazingly, some have attempted to reconcile this dilemma by claiming that the rights of the unborn child depend on whether or not the mother wants the child. It's hard to believe that anyone would make that claim with a straight face. But some have been forced to that ridiculous claim, because without it, one is then left with one of two conclusions. Either a late-term, unborn child should have its life protected, in all cases, or the taking of that child's life should not be considered murder in any case. Either position leaves an uneasy feeling in many people. However, consider the following scenario. A child has been prematurely birthed eight months after conception. The child is struggling to survive in the intensive care unit of a hospital. A respirator and an IV keep the child alive. If anyone, including the mother, were to take action to end the child's life, it would be easy to see that the action is wrong. No credible person would claim that taking the child's life was acceptable. And yet this situation has no significant difference from that of a similarly-aged child inside the womb. Both children are totally dependent on something outside themselves for survival. The only obvious difference is their location. Location cannot be considered justification for conferring or withholding rights. After all, we are a civilized nation, one that recognizes the innate rights of individuals. So I find myself agreeing with the pro-choice gang in one way. This action by the California prosecutors will likely undermine the so-called right of a woman to take her viable child's life. Even so, I am compelled to side with the child. About the author: Pepe is a writer, whose day job as a software engineer keeps him from writing as much as he wants. His work has appeared in several magazines and periodicals. His take on life sometimes gets him a little out of step with the rest of society, but he keeps marching in the parade. You can reach him at wrob@usa.com. ------------ Comment on this column in the forum. ------------ |
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