You cannot criminalize women who have abortions.
Criminalizing abortion means criminalizing the act of killing unborn children, not criminalizing women. This means that anyone who kills an unborn child is legally responsible for the crime, regardless of whether they are the principal, accomplice or accessory to the act. Criminalizing abortion is not equivalent to criminalizing mothers, but it allows for their prosecution. After all, no one should have the right to kill an unborn baby, not even the child's mother. If the fetus is really a person, then how can the woman not be responsible?
This is known as equal protection (14th Amendment). The same laws that prevent the killing of born people also prevent the killing of unborn people. Making abortion illegal for everyone, including the mother, ensures that there is no discrimination against the unborn and that killing is equally prohibited.
2. If we criminalize abortion, women will receive the death penalty Criminalizing abortion by applying equal protection of the laws to unborn children establishes no penalties.
It is true that in the case of some states, the death penalty is a possible punishment that the prosecutor can seek. Under current law, this would be the maximum penalty. Even under the umbrella of murder, crimes can be charged as murder, manslaughter, or negligent homicide, depending on the circumstances and evidence found in each case. In the case of an abortion, the case may even be prosecuted as an assault, injury to a child, or a felony.
The point is that legislation criminalizing abortion does not control the outcome of the case. Each instance will be decided by the court system and will be considered on a case-by-case basis, following the same legal procedure as other homicide cases.
What about miscarriages?
The idea that the death of a child in the womb from natural causes (miscarriage or ectopic pregnancy) is the same as intentionally taking a child's life is a misconception. In these tragic situations, a doctor acts to save and preserve the lives of two patients. This is different from abortion, whose sole purpose is to end an innocent life. Additionally, our current court system has several mechanisms in place that would prevent both mother and doctor from being sued in the event of a miscarriage or medical emergency.
Our judicial process now distinguishes between death and murder. Criminalizing abortion won't change that. It would simply require that the killing of the fetus be dealt with under the same judicial system that we already rely on to deal with other cases of murder. For a woman to be liable for a miscarriage, virtually all of society's officials, including arresting law enforcement officers, prosecutors, judges, juries, appellate courts, and even governors, must have conspired together to imprison woman let's start with this. It would be absurd to even think of such unanimous cooperation.
What about forced abortions?
Apart from the fact that the majority of abortions are carried out for elective reasons, existing law already contains protections against coercion to commit crimes. Once again, this is why the judicial system exists to determine which cases of murder are intentional or committed under duress. This, by nature, would be distinguished from "pressure" for abortion in the general sense. Coercion involves the act of physically threatening or forcing another person to do what is unlawful.
What about IVF/Abortives?
Criminalizing abortion does not prohibit IVF. State laws, such as Louisiana's most recent example, prohibit the intentional destruction of a live, in vitro fertilized egg (LA RS 9:129). Fertility specialists can continue to perform ethical IVF procedures at the state level. Criminalizing abortion does not prohibit contraception, but it would prohibit contraception (use of abortifacient birth control that kills an unborn child after fertilization). Opponents of the criminalization of abortion objected to this by conflating fertilization and implantation of a fertilized egg (a human being).
The biblical and biological reality is that life begins at conception, not at implantation. Therefore, any drug taken with the express purpose of terminating the development of a child's life in the womb must be illegal.
Who is responsible for abortion?
Legal guilt for the killing of unborn persons is borne by those who have performed an abortion or assisted others to do so. Anyone who solicits, provides, supplies or performs an abortion will be liable. This could be the abortion doctor, the woman, the husband/boyfriend/boyfriend/family member, any/all medical staff, as well as transport agents (drivers, etc.). All principals, accomplices and co-conspirators would be legally culpable. As already in the existing birthicide law, this would include businesses, corporations and LLCs that help women travel or pay for abortion procedures.
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