Posted on 03/10/2019 9:50:32 PM PDT by caww
An Alabama judge has 'approved a wrongful death' lawsuit filed by a 21-year-old man on behalf of an aborted embryo....Ryan Magers is calling the 6-week-old embryo “Baby Roe” in his suit seeking damages from the Alabama Women’s Center for Reproductive Alternatives.
Magers was 19 and the girl was 16 when he said he “pleaded” with her not get an abortion. Her parents say it was her decision to take the abortion pill.
"It gives more legs to the lawsuit and it's also pretty monumental because it's the first time a probate court has opened an estate for an aborted baby," Helms told AL.com on Tuesday. "It does establish some precedent in that it recognizes that an aborted baby is a person.
Alabama voters approved an amendment last year declaring “the importance of unborn life.”
“In this case, it is significant because it is the basis of this lawsuit, which is based on this Amendment 2, which is basically at conception, you’re a person,” Huntsville attorney Mark McDaniel said. “So it has significance certainly in this case. It is saying this 6-week-old (fetus) has rights and they filed a wrongful death action. It wouldn’t stand under Roe v. Wade or Planned Parenthood v. Casey but under Amendment 2 of the Alabama Constitution, if you are recognized as a human being at the time of conception, then certainly this 6-week-old … So in this particular case, it has a lot of significance.”
(Excerpt) Read more at kcra.com ...
Franklin Graham tweeted.... “Ryan Magers is suing an abortion clinic for terminating the life of his unborn child against his wishes. This young man’s rights were violated as a father, & his child’s right to life was ignored—snuffed out in an abortion.”
That is only one aspect of the human baby.
It seems that a good lawyer could really run with the truth of that thought.
I found their legal position very interesting....naturally this won’t be in the national news but should be. The fact ‘a judge’ even allowed it as a wrongful death case is huge. Under Alabama’s law they past not long ago.
INTERESTING... as long as someone is there who can speak up for the baby with presumptive adoptive rights, wrongful death could obtain as a tort.
If this flies, it will do a lot for adoption.
It’s also a Christian idea at heart. Crimes are torts against God. That’s what makes it possible for God to pay for them.
Half of the DNA was his, and the abortion clinic took it away without compensation.
It is simply an issue of property rights.
He is lucky he isn’t getting charged with statutory rape
Interesting take and also valid.
Romeo-and-Juliet law?
I’m not attune to law sufficient to comment much, but this is certainly interesting and based on their new law as the article mentions. If this actually works then why couldn’t every state put this ammendment up for a vote and made law as well?
what is that
What if you had to have written permission from BOTH potential parents before an abortion could be performed?
A dream, I know - it would devastate the abortion industry
In some locales, underage consent laws are looser if the participants are close enough in age. That’s called a Romeo-and-Juliet law.
Slights to “paternal rights” are an ongoing modern headache. This issue could get more interest than we might think.
I hope you’re right...... How much the press will carry is another story as they have their own agenda as we know.
It’d be wonderful if the two(?) plaintiffs - father and unborn baby? - could get a huge award out of the abortionists’ insurance company and then plow every penny back into a fund set up to sue other abortionists.
Sounds like this case might wind up in law books.
Well the clinic will fight this and likely with planned parenthood surely stepping up with it’s legal team if necessary.... but only if this garners national news.
I would think so as well...if it actually goes far enough. I just find it very interesting how they have positioned the case.....could open windows for other states.
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