Isn’t the SCOTUS the only court that can declare unconstituionality, by way of Marbury vs. Madison?
from my homepage...
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I’ve posted this in a couple of places and it doesn’t seem to get much more than a yawn, even though it’s kinda-sorta an incremental approach.
http://www.freerepublic.com/focus/f-news/1908148/posts?page=125#125
I believe a fetus is a human being who deserves protection under the law from being killed.
***I do too. That fetus deserves protection extended by the state.
I do wonder if it is biblical to extend “full” protection to a fetus? I.e. when a man hurts a pregnant woman, he’s expected to pay an eye for an eye & a tooth for a tooth. But if the unborn baby is killed, the price is not the same.
Perhaps it is time to consider a 3 (or even 4) tiered system of protection.
Tier 1: Living, viable, late term baby which will not be aborted unless the life of the mother is at stake.
Tier 2: Living, not-yet-viable pre-born human who should have the right to protection and life and a safe womb to which it can attain viability. Cannot be aborted unless there is an open rape case associated with the pregnancy or the life of the mother is at stake.
Tier 3: Living, early stage, not yet viable pre-born human for whom we do not extend the rights of life in this society because of a historical snag where we once considered such tissue not to be a baby. We as a society thought it was best to consider it a private decision. I personally do not believe in Tier3 abortions, but I can understand that there are many who think it is a “right to choose” at this stage. It may be time to consider a program where the woman declares her pregnancy and intent to abort. Our societal function at this point would be to provide a family that is willing to adopt this baby and to put up this woman for 6-8 months in a safe environment so the baby can grow and maybe the woman can learn some life skills. If our society cannot muster the forces necessary to save this baby, the woman has the sickening “right” to abort this pregnancy. Time for us to put up or shut up.
With a 3-tiered plan in place, women would stop using abortion as a means of birth control. Millions of lives would be saved. We would extend the right to life to every human that we have resources to save. Unfortunately, if we cannot put up the resources to save the Tier3 babies, we still would have this horrible practice staining our nation’s soul.
125 posted on 10/08/2007 1:43:20 PM PDT by Kevmo (We should withdraw from Iraq — via Tehran. And Duncan Hunter is just the man to get that job done.)
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“I do wonder if it is biblical to extend “full” protection to a fetus? I.e. when a man hurts a pregnant woman, he’s expected to pay an eye for an eye & a tooth for a tooth. But if the unborn baby is killed, the price is not the same.”
I assume you are referring to Exodus 21:22-24, and there is definitely disagreement about what that text means, even among the translators:
NIV: If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury...
NRSV: When people who are fighting injure a pregnant woman so that there is a miscarriage, and yet no further harm follows...
KJV: Exodus 21:22–24 If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow...
The question is does “serious injury/further harm/mischief” refer to the mother only or to mother and child. The Hebrew means simply “the children come out”, which would seem to agree with the NIV and (to a lesser extent) the KJV, rather than with the NRSV.
The commentaries I checked (Word, IVP Bible Background, Bible Knowledge, Expositor’s, Tyndale, MacArthur, Lange, Evangelical(Elwell), and Keil & Delitzsch) are split but lean toward the mother and child.
Elwell has this note: “The Hebrew word for miscarriage is not used here.” It is different word than is used when the context clearly indicates miscarriage (Exodus 23:26, Job 21:10, Hosea 9:14)
I think the best interpretation of the passage is that if there is no serious injury/further harm/mischief to either mother or baby, then there is a fine for striking them and causing the early labor. If there is harm to either, then lex talionis applies.