Delegate Bob Marshall has filed an interesting bill to ensure that unborn children are recognized as legal persons, setting off a firestorm among the left. While the intent behind this is laudable, and it’s that very idea that drives those who want to protect the interests of abortionists crazy, I don’t think anyone on the left has actually bothered to read HB 1.
The crux of the matter is summed up in Section 4, which reads as follows in the pre-filed version of this bill:
The laws of this Commonwealth shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development all the rights, privileges, and immunities available to other persons, citizens, and residents of this Commonwealth, subject only to the Constitution of the United States and decisional interpretations thereof by the United States Supreme Court and specific provisions to the contrary in the statutes and constitution of this Commonwealth. (emphasis added)
Essentially, this bill says that unborn children are legal persons except when any other law or court precedent at the state or federal level says they aren’t, making this a pretty ineffective way to protect the unborn in my view. This doesn’t even try to challenge Roe v. Wade, and specifically acknowledges it and every other law and decision supporting abortion on demand as trumping this bill. I’d be just as happy to strike this whole section, let the laws be in conflict, and have the court fight that would inevitably come.
Having a shot at getting Roe v. Wade overturned, even if it’s not one that may be likely to prevail is a whole lot better in my view than waiting for something to happen someday by someone else. If we’re serious about this, let’s just have the fight that liberals think we’re engaging in, but actually not engaging in yet. I see no reason to wait, and no reason to ask for less than we really want.
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