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Title: That Our Children May Be Born
Source: First Things
URL Source: http://www.firstthings.com/web-excl ... yndrome-and-abortion-extortion
Published: Jan 30, 2015
Author: by Matthew Hennessey
Post Date: 2015-01-30 11:27:28 by redleghunter
Keywords: None
Views: 13639
Comments: 49

A bill before the Indiana state legislature has revived what is becoming a perennial debate: what information should be provided to pregnant women who receive a prenatal diagnosis of Down syndrome? The bill in question proposes to ban abortions due to either the sex of the fetus or a prenatal diagnosis of a genetic difference such as Down syndrome. The law would criminalize the actions of doctors who encourage and perform such abortions, not women who obtain them.

As the parent of a child with Down syndrome, I am watching the debate over this bill with fascination. As someone who believes the prenatal medical profession needs a good whack across the nose on this issue, I can see some value in the legislation. But as someone who lives very far from Indiana, I’m not inclined to get too worked up about it.

However, some of my fellow advocates in the “Down syndrome community” are worked up about it. In the past, I have criticized a vocal group of campaigners for the Lettercase booklet, an informational brochure intended for pregnant women who have received a Down syndrome diagnosis. The Lettercase booklet has caused controversy because it explicitly mentions the possibility of abortion. Many parents, siblings, and friends of people living with Down syndrome view mention of abortion in this context as a betrayal of the work we do together to demonstrate the value of such lives. That the booklet is supposedly meant to convince vulnerable women that life with Down syndrome is “not so bad” makes the abortion mention seem all the more out-of-place.

Click for Full Text!


Poster Comment:

The pro-information team wants pro-lifers like me to fully digest and make peace with the fact that abortion is legal. But I want them to realize that we are in the midst of a bitter battle for the rights of our children to be born at all. And while there are many fine doctors in the world, the medical professional organizations that refuse to sign off on informational pamphlets that don’t explicitly mention abortion don’t deserve our compliance. They deserve contempt.Matthew Hennessey (from above article)

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Begin Trace Mode for Comment # 7.

#1. To: GarySpFc, liberator, Vicomte13, Don, BobCeleste, SOSO, out damned spot (#0)

Ping

redleghunter  posted on  2015-01-30   11:28:30 ET  Reply   Untrace   Trace   Private Reply  


#2. To: redleghunter, GarySpFc, liberator, Vicomte13, Don, BobCeleste, out damned spot (#1)

The bill in question proposes to ban abortions due to either the sex of the fetus or a prenatal diagnosis of a genetic difference such as Down syndrome.

Just one of 50 possible laws on what abortions may be legal and what are not, or, what life is OK to destroy and what is not. This is total folly. Either a fetus is a person or it isn't. Resolution demands Federal law on that question. SCOTUS re: RvW presently holds that a fetus is not a person and is not protected by the 14th Amendment which states in part:

SECTION. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

N.B. - the Consitution does not define the word person. All it says that any person that is born or naturalized in the United States is a citizen of the U.S. and the state in which that person is born. There is no language that says that person is only a person if born.

If personhood of a fetus beomes the law of the land then it would be up to the States to establish what might constitute due process in depriving any person of life, liberty, or property, or equal protection under the laws of the respective state. I suspect that those would be very interesting arguments indeed.

SOSO  posted on  2015-01-30   11:58:58 ET  Reply   Untrace   Trace   Private Reply  


#3. To: SOSO (#2) (Edited)

If personhood of a fetus beomes the law of the land then it would be up to the States to establish what might constitute due process in depriving any person of life, liberty, or property, or equal protection under the laws of the respective state. I suspect that those would be very interesting arguments indeed.

It would be PARTLY up to the States...but note well those pregnant words "due process of law"...a term fraught with federal jurisprudence.

So, overturning Roe on the basis of personhood might put the question to the States, but the states do not get to determine for themselves what "due process of law" is all alone. There are constitutional standards of due process of law when it comes to death penalty cases, and every abortion is a death penalty case in which the one to die stands accused of no crime, but of the mere fact of being very inconvenient.

Applying death penalty due process jurisprudence to the deprivation of life to unborn children would strike down abortion as a matter of law in all 50 states.

Which is, of course, the right answer.

Vicomte13  posted on  2015-01-30   12:09:09 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Vicomte13 (#3)

It would be PARTLY up to the States...but note well those pregnant words "due process of law"...a term fraught with federal jurisprudence.

So, overturning Roe on the basis of personhood might put the question to the States, but the states do not get to determine for themselves what "due process of law" is all alone.

That is why I stated that the arguments would be very interesting. But you are correct, in the end its is all up to SCOTUS. Elections do have consequences.

SOSO  posted on  2015-01-30   12:12:38 ET  Reply   Untrace   Trace   Private Reply  


#7. To: SOSO (#4)

But you are correct, in the end its is all up to SCOTUS. Elections do have consequences.

Do they? The Supreme Court has been Republican continuously since 1969. Roe was put in place 7-2 by a Republican Court. Roe was expanded by Casey in a Republican Court, with Reagan appointees providing the necessary "oomph" to expand abortion rights further. Kelo was decided by a Republican court.

Under W Bush, Republicans controlled EVERYTHING: White House, Senate, House and Supreme Court. And they STILL didn't do anything. Certainly they didn't reverse THEIR OWN bad decisions: Roe/Casey/Kelo...every bad Supreme Court decision since 1969.

When it comes to the most important issues, elections don't mean squat, because Republicans and Democrats agree.

Republicans just LIE to conservatives, pretending that electing them will make a difference. The Supreme Court has been Republican, and has had the power to strike down Roe (or not decide it wrong in the first place) every year since 1973. They haven't, and they won't.

Vicomte13  posted on  2015-01-30   12:32:56 ET  Reply   Untrace   Trace   Private Reply  


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