Written by Fernando Milanés

8 de diciembre de 2021

Currently, at least 38 states have fetal homicide laws: Alabama, Alaska, Arizona, Arkansas, California, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and Wisconsin. At least 29 states have fetal homicide laws that apply to the earliest stages of pregnancy (“any state of gestation/development,” “conception,” “fertilization” or “post-fertilization”); these are indicated below with an asterisk (*).

The College of Obstetrics define life starting at when the embryo is capable of “becoming a human being”, or in simple terms when life is possible outside the womb. On the other hand, they accept that at fertilization “The fusion of sperm and egg membranes initiates the life of a sexually reproducing organism.”    

The question of the legality of abortion, as established by Roe and reaffirmed by the Casey’s SCOTUS prior decisions is again being questioned legally by the State of Mississippi. Much of the arguments for or against have been tainted by politics.

The Medical associations that I know well!, try to define science but always leaning toward the political views of the time.    

This is why the OB College tries to differentiate life as “becoming a human being” when capable of being outside the womb, not when life starts.    

The law is also confusing, it is a crime in 39 States when anyone other than the mother kills them, 29 even if not yet viable.    

Then we have the arguments for or against abortion, and as someone that agrees with the OB College that life starts at conception will give my opinion.   

“Women have the right to choose about her body”.  Agree, but does not have the right to decide the life on another body, even if she is carrying it.    

It is about “women’s health”.   Not so, the risks in pregnancy as in abortions are small, but more prevalent in the latter.   

Many women suffer multiple emotional/psychological crises after abortions. Of course complications should be considered especially if the mother or future child’s lives are in danger.  “Women have the right to decide whether they want pregnancy”.  Agree, but that desire should be easily satisfied by not becoming pregnant in the first place.    

Avoiding pregnancy and still having sexual intercourse is available before, during, and even after sex and there would be no need to stop another life.

Abortion is NOT a form of contraception.  And finally the latest reason mentioned by the spokesperson representing pro-abortion in this latest SCOTUS challenge;  “Making abortion illegal hurts blacks and minorities more”.    

In fact more black lives are terminated now than any other race.   Interesting fact, as the founder of Planned Parenthood’s goal was exactly that.    

She believed in eugenics, a practice aimed in order to eliminate what she (and Hitler) considered inferior humans, so the “superior” group would prevail.  Blacks were considered inferior and thus needing to be stopped before birth.   

The practice was considered necessary as an increase in population would threaten a world with space and sustenance limitations.    

In a few months SCOTUS will decide, it is possible that Roe’s will be reaffirmed as precedence, but they might leave the final judgment to the States and its population’s preferences as it was the desire of our forefathers and expressed in our Constitution.

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