“The bill is immoral and unconstitutional.”
Care to explain how it is immoral and unconstitutional?
Sure. Though I probably don’t have time to cover all the ways.
First, it fails the Fourteenth Amendment equal protection test.
“No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The bill uses an arbitrary, capricious “pain” test, without ever explaining any logic for such a test being in any way pertinent. I call this the “don’t worry they won’t feel a thing” codification of permission to kill little babies. One must wonder if, to be consistent, they’re going to “legalize” killing paraplegics. After all, they won’t feel a thing! Or, if you give Grandma enough morphine, is it alright to do away with her? Won’t feel a thing! In any case, personhood is the only legitimate moral and constitutional criteria, not pain nor age.
This legislation actually serves to create a new class of subhumans. Those who they claim can’t feel pain.
And the bill would be piling bad code on top of already bad Texas code.
Ten years ago in Sept., in the wake of the Lacey Peterson murder in CA, Rick Perry and the Republican legislature passed a bill that rightfully recognized the obvious personhood of the child in the womb, which is line with our nation’s core principles and the imperative equal protection demand of our Constitution. Sadly, though, they included another paragraph that provided explicit permission for abortionists to kill innocent little persons.
Folks forget that it was Texas lawmakers, and their failure prior to 1973 to explicitly provide equal protection for the unborn that opened the door to Roe vs. Wade.
They’re continuing in the horrible tradition, sadly.
If they really care about ending abortion, it’s very simple. Provide equal protection for all persons. Simply strip out the 2003 language that gives “legal” permission to kill babies. Since they also recognized the individual personhood of the child in the womb at the same time, in the code, abortion will then be illegal everywhere in Texas, as it should be.
The bill also promises to nullify itself, once its restrictions are found to impose an “undue burden” or “substantial obstacle” in the way of ANY pregnant woman in her ability to have an abortion.
In effect, the bill pledges to enable every woman to have an abortion.
This is just more phony NRTL theater. And very bad “law.”