Posted on 12/10/2002 10:06:50 AM PST by heyheyhey
Georgia legislator seeks to give unborn babies right to jury trial
By Felicia Dionisio
Georgia legislators will introduce a bill early next month that refers to abortion as an ''execution'' and will require any mother seeking an abortion to go to court to obtain a death warrant.
''A mother would have to argue why the child should die and why her rights would take priority over the rights of the child,'' said Rep. Bobby Franklin, R-Marietta, who sponsored the legislation.
Once a mother filed for a death warrant, a guardian would be appointed to protect the rights of the unborn child. That guardian would be authorized to demand a jury trial in which the rights of the unborn child would be balanced against the rights of the mother seeking to have the ''execution'' performed.
''It's a grotesque violation of a woman's right to choose," said Ebony Barley of the Georgia Abortion and Reproductive Rights Action League.
''Think about the women in rural Georgia. They'll be required to talk about their personal health experiences in court. ... It's the highest form of humiliation,'' she told WorldNetDaily.
The court would be able to hold a trial within 30 days of the filing of the petition and a death warrant would be signed only if the court finds that the rights of the person seeking to have the abortion are superior to the right of the unborn child to live. Either side could appeal.
Franklin told WorldNetDaily, ''It's an attempt to restore the 14th Amendment due-process rights of the unborn.''
''It's a constitutional protection that we all have that's not being adhered to when it comes to dealing with unborn children,'' Franklin said. ''The first thing we do as state representatives is take an oath of office to support the constitutions of the United States and the state of Georgia. Both ensure no person will be deprived of life or liberty without due process. We just want to make sure that's adhered to. Right now, the unborn child is losing his or her life without a trial.''
Those favoring unrestricted abortion on demand describe the bill as ''the most extreme'' attempt to overturn Roe v. Wade.
''Franklin's goal in introducing a bill that refers to abortion as an 'execution' is to open the floodgates to other 'anti-choice legislation,''' Barley added.
She said it's no coincidence the legislation is being introduced during the month that marks the 30th anniversary of the landmark Supreme Court decision that legalizes abortion. She points out the bill stipulates it will be automatically repealed on the day following the day the U.S. Supreme Court issues a decision expressly declaring the overturn of Roe v. Wade.
''It's not outlawing abortion; it's just recognizing the child has rights, too,'' said Franklin.
The bill also mandates that no physician can perform an ''execution'' in the state without first obtaining a death warrant.
If a doctor performs an abortion without a ''death warrant,'' he could be subject to up to five years imprisonment and permanent revocation of his medical license. But, there's no penalty for women who have an abortion without first obtaining a ''death warrant.''
Franklin, who has co-sponsored other anti-abortion legislation in the past, said medical practitioners have the most at stake because they're the ones who would be performing the ''execution.''
Franklin will officially introduce the bill at the beginning of the legislative session on Jan. 13. He said he hopes it will make it out of committee and then be called up for a vote by the whole House.
Ultimately, he hopes lawmakers in other states will be inspired by the concept of applying due-process rights to the unborn and propose similar legislation.
''I'm an optimist. I think if people who claim they support the concept of the Constitution, and also those who claim to support the sanctity of human life, if those people really do, we have a good shot at passing this thing.''
It's about time that such were required, and I laud the author of this bill for his moral and political courage. The fact is, the great majority of abortions are abortions of convenience. The greatest power we are given by God is to create a new human life, and a repository for a soul. To brutally and bloodily destroy our own children must be one of the greatest affronts to God that can be imagined. This bill would increase the burden of doing such squarely where it belongs - on the conscience of the mother who would rid the world of her (and the father's) child.
Abortion is a grotesque violation of a child's right to live.
A radical, radical idea for so many who have moved far, far away from God.
Let us pray...
Can't be a real person ... This whole thing is a parody, right?
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