Viable fetus is a person, (KY) court says

LEXINGTON HERALD-LEADER ^ | June 18, 2004 | John Cheves

[RockDoc]

A viable fetus is a person under the state's homicide law, so killing a viable fetus can result in murder or manslaughter charges, the Kentucky Supreme Court ruled yesterday.

In doing so, the court overturned its own 1983 decision requiring a live birth before homicide charges may be brought. Modern technology now makes it possible to determine whether fetuses could have survived outside the womb, the court ruled.

"The rationale for the 'born-alive' rule no longer exists," Justice William Cooper wrote for the majority.

Yesterday's decision affects only the homicide statute and has no direct effect on legal abortion in Kentucky. But it is expected to further inflame the abortion debate because it expands the definition of life into the womb.

"It's a step in the right direction, no doubt about it. We're headed toward a re-examination of when life begins under all parts of the law," said Robert Cetrulo, attorney for Northern Kentucky Right to Life, which filed briefs in the case.

Under the new law, the state can prosecute people for fetal homicide if someone intentionally kills an "unborn child," defined as "a member of the species homo sapiens in utero from conception onward." But that crime can bring a penalty no greater than life imprisonment, while penalties for homicide include capital punishment.

"Medical authority has long recognized that an unborn child is in existence from the moment of conception," Wintersheimer wrote. "For any purpose other than abortion, many jurisdictions have abandoned viability because it has no magic sense in identifying the beginning of a person's life."

[RockDoc]

Will the pro-death Left appeal to US Supreme Court.

[RockDoc]

Ping. Thought you might find this interesting.

[Socratic]

Good.

[nkycincinnatikid]

Thank you Justice Wintersheimer of NKY

[Kackikat]

Well you plant corn, you get corn; and you plant tomatoes, you get tomatoes. You plant babies, you get babies... no matter what you call them....the seed is what it is. Anyone who says otherwise has no business being a judge.

[calmseas]

It is good to see that a Kentucky court has given legitimacy to a law of God. Makes me feel better.

[Jeeper]

Well thats it then. Liberals will now have to give up their fight for abortion.
After all, a Judge made a ruling. All other states must follow, right.
I'm sure the liberal press will inform their flock tomorrow of the bad news. I'm sure of it.

[The Bandit]

Now if we can just get "viable" defined.

[searchandrecovery]

Outstanding. Viable is a very powerful word.

[Desdemona]

It's a step.

[zip]

ping

[joe_broadway]

Maybe we can once again get a real 'Champion' to rewrite the U.S. Constitution.

You know, a champion just like ole Harry Blackmun way back in the good old days of 1973.

He was such a well reasoned man doncha know, he even put in some time in the library of Mayo Clinic so he could justify his penumbrum magic.

ACLU operative Ruthie baby Ginsberg needs to get with it and immediately create an even newer law that will forever legislate the right to destroy the unborn for convenience sake.

( Forget the real constitution, the 'evolving', liberal, make-it-up-as-you-go-along constitution suits Ruthie baby much better, wait and see them in action again

Lawbreaker Ginsberg

[Kackikat]

My father was one of those, in days before incubators....premature babies do live, therefore they must have been babies all along, from conception until delivery.

I always wondered what they thought happened between conception and the third trimester, it was puzzling to me how liberals come up with some of the stupid stuff they believe. I think things like evolution take more faith to believe than God's creationism.

[AmericaUnited]

I"LL GET EVEN WITH YOU! THAT WAS DISGUSTING, SHOWING THAT PICTURE THIS EARLY IN THE MORNING! YUCH! NOW MY WHOLE DAY IS RUINED!

[cgk]

Thanks for the ping, BattleAxe, I had completely missed this. Pinging the Pro-Life/Pro-Baby list...

[AlbionGirl]

Thanks for the ping, cgk. Don't always bump the treads you ping me to, but want you to know I appreciate the pings, and think you are a tireless and faithful supporter of the unborn.

One thing I'm hopeful about, and that's science. As it progresses, the Baby's inalienable right to exist becomes less and less easy to deny.

Look for the petrie people to try to stymie that progress. Won't work though. Bottom line will be, 'you got to draw breath, you're obligated by God and all that's Holy to pass along the gift.'

[cgk]

You're about to move me to tears with your kind words, so I can only leave it at that. I'm feeling less than worthy as "tireless"... but I try. I'm just happy to pass news on, and never expect people to acknowledge me. So long as they even see the headlines of these stories, and know sometimes, things are getting better for our unborn babies.


And yes, in my opinion, science just keeps proving God exists. :)

Thank you again.

[spoiler2]

That woman needs a better smile...

In this pic, she looks like she's getting ready to spit!

[Alamo-Girl]

Thanks for the ping!