Legal rights of unborn child
Recently, Ariel Castro, the man in Cleveland who kidnapped and raped three young girls over 10 years, was charged with 329 felony crimes. The Advertiser-Tribune, on June 13, reported in part as follows:
He was charged with two counts of aggravated murder related to one act, saying he purposely caused the unlawful termination of one of the pregnancies of one of the women.
Michelle Knight, now 32, has told investigators Castor punched her in the abdomen and starved her to force five miscarriages, according to police reports.
Ohio enacted a fetal homicide law in 1996, making it illegal to kill or injure a viable fetus.
Obviously, the two counts of murder were added in order to procure the death penalty. Murder is defined as the intentional killing of another human being. Therefore, the murder charges pertain to the intentional killing of unborn children in the womb.
There seems to be a little irony here. A mother, according to our Supreme Court, may direct an abortionist to kill an unborn children, including a partial birth abortion, when the protruding skull of a child can be crushed. A well-known “ethical” philosopher teaching at Princeton University argues a mother should have the right up to 30 days after a live birth to kill the child, for efficient purposes.
The point of irony is: What are the unborn child’s rights in this whole matter? There was such a dispute among the Supreme Court Justices in Rose vs. Wade that they decided to ignore the possible constitutional rights of the unborn child until some later time … which has never come.
The consideration of the rights of the unborn child has striking similarity to the rights of a pre-Civil War slave. The Supreme Court, in the Dred Scott decision, said a black slave had no rights because he was only “property” of his owner. Thus, an owner could not be prosecuted for rape, murder or mayhem upon the owner’s “property.”
Likewise, a pregnant mother can commit whatever actions she chooses against her unborn child, with impunity, but actions of a third part against that unborn child can result in a murder charge.
The effect is the same to that unborn child – it still ends up dead.
There is a line in the Broadway show “Man from LaMancha” in which a character says: “Whether the vase hits the stone, or the stone hits the vase, it’s all the same to the vase.”
Very truly yours,
Michael B. Lange,