State Court Declares Unborn Child A Person With Rights

Gary L. Bauer

American Values

Last week the Alabama State Supreme Court issued a ruling that has not gotten the attention it deserves, especially as the nation prepares to mark the tragedy of 40 years of abortion on demand. The Alabama Supreme Court was considering two tragic cases of children born to mothers who were drug addicts. In one case, a baby boy, Timmy, died 19 minutes after birth due to "acute methamphetamine intoxication."

The mothers were charged under a "chemical endangerment" law written to crack down on parents who expose children to illegal drugs and to dangerous chemicals in meth labs. The mothers were convicted but later appealed contending that the law to protect children did not apply to unborn fetuses.

In a 6-to-2 decision, the Alabama Supreme Court upheld the convictions. Here is an excerpt of the majority's opinion:

"The decision of this Court today is in keeping with the widespread legal recognition that unborn children are persons with rights that should be protected by law. Today, the only major area in which unborn children are denied legal protection is abortion, and that denial is only because of the dictates of Roe."

"Furthermore, the decision in the present cases is consistent with the Declaration of Rights in the Alabama Constitution, which states that 'all men are equally free and independent; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness."
While the ruling applies only to Alabama, it is another important pro-life victory that clearly recognizes the humanity of the unborn child.