I have been saying for years that if you have a valid position or cause, but lie about it, you harm the cause. You give the opposition the ability to throw that lie in your face endlessly. You undermine the very issue you want to highlight. Abortion is one of the most dishonestly discussed topics out there, and it’s back in the spotlight.
The new abortion law in Alabama is one of these things. It is about 1800 words long, a nicely compact piece of legislation. Have ANY of the people sounding off about it read it?
Nope. They haven’t bothered to educate themselves.
The law is available for anyone to read: https://alisondb.legislature.state.al.us/alison/searchableinstruments/2019RS/bills/SB211.htm
What is DOES NOT DO is hold a woman legally liable for having an abortion. In fact, it addresses that specifically:
Section 5. No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable. Furthermore, no physician confirming the serious health risk to the child’s mother shall be criminally or civilly liable for those actions.https://alisondb.legislature.state.al.us/alison/searchableinstruments/2019RS/bills/SB211.htm
Huh. Not just nothing mandating prosecution, but language specifically and explicitly blocking such charges. The law also specifically states that in the event of legal challenge, it is not in effect, and the previous laws apply.
Section 8. The construction of existing statutes and regulations that regulate or recognize abortion in Alabama that are in conflict with or antagonistic to this act shall be repealed as null and void and shall recognize the prohibition of abortion as provided in this act. If this act is challenged and enjoined pending a final judicial decision, the existing statutes and regulations that regulate or recognize abortion shall remain in effect during that time.https://alisondb.legislature.state.al.us/alison/searchableinstruments/2019RS/bills/SB211.htm
It’s like the people claiming that women will be jailed for seeking an abortion, even out of state, will face felony charges have no interest in the truth.
Hint: they don’t.
Georgia’s Abortion Ban Also Isn’t As Advertised
The Georgia law is far less cleanly written. It is not applying a new, superseding, statute, but adding to and amending existing laws. It’s a bit harder to read.
The law is available for anyone to read: https://www.legis.ga.gov/Legislation/en-US/display/20192020/HB/481
They didn’t read this one either. Like the Alabama bill, there is a provision for medically necessary abortions. No penalty exists for performing abortions to save the mother, or if the child is incapable of sustaining life after birth.
Also not criminalized are miscarriages. That is a spectacularly vile lie I keep seeing from the left. In fact, the Georgia law allows a woman who has an abortion to file for civil recovery:
(g) Any woman upon whom an abortion is performed in violation of this Code section may recover in a civil action from the person who engaged in such violation all damages available to her under Georgia law for any torts.ttp://www.legis.ga.gov/Legislation/en-US/display/20192020/HB/481
Interestingly, the Georgia law takes the idea of a detectable heartbeat as the point when they consider the fetus a valid person (natural person, under their code) further than Alabama. Unborn children now count towards census numbers, alimony, and as dependant children. Georgia has made unborn children full citizens under the law.
Mississippi Ban…Still Not Prosecuting Women Who Have An Abortion
By now I think you get the way this goes. The law, as passed in Mississippi, doesn’t target women for prosecution either. Similar to Georgia, there is no specific shield, but neither is there any language suggesting anyone other than the abortionist is subject to prosecution.
And again, the law is available for anyone to read: https://billstatus.ls.state.ms.us/documents/2019/pdf/SB/2100-2199/SB2116SG.pdf
Mississippi considers performing an abortion a misdemeanor, by the way. Their law is mostly about revoking licenses for doctors who perform abortions, and not much beyond that.
Ohio…No Prosecutions Here Either
Ok, this is long and legally dense. But not beyond understanding. The first several pages all deal with making sure to inform the woman of what’s happening, going to happen, and giving her time to consider it all.
Then it gets to the banning part.
And look! Just like Alabama:
Sec. 2919.193 2919.198. A pregnant woman on whom an abortion is performed or induced in violation of section 2919.191 or 2919.192 2919.193, 2919.194, or 2919.195 of the Revised Code is not guilty of violating any of those sections; is not guilty of attempting to commit, conspiring to commit, or complicity in committing a violation of any of those sections; and is not subject to a civil penalty based on the abortion being performed or induced in violation of any of those sections.https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-SB-23
Now…Introduced But Not Passed
- Florida: Both HB 235 and SB 792 died in committee.
- Maryland: HB 978 withdrawn, HB 933 still in committee, but has been untouched since March 8, so might be dead.
- Minnesota: HF 271 / SF 869 are both still in committee.
- Missouri: Passed and pending executive action. Includes explicit ‘no prosecution’ statement.
- South Carolina: Still in committee. Includes explicit ‘no prosecution’ statement.
- Tennessee: Passed from the House to the Senate, no further actions at this time.
- Texas: Introduced, still in committee. Includes explicit ‘no prosecution’ statement, but less strongly worded than the others.
- West Virginia: Both HB 2903 and HB 2915 are still in committee, and will likely be reconciled into one bill. 2915 deals with fetal body parts, and tacks on the heartbeat section second. Both include explicit ‘no prosecution’ statements.
So, of the pending and passed-but-not-blocked fetal heartbeat bills, not one applies penalties to the woman having the abortion. Several explicitly forbid penalty to the woman, both criminal and civil. None ‘outlaw’ miscarriage.
In all of the bills I read (16 of them), each and every one explicitly permits abortion to save the mother and in cases where the fetus is not viable. And when no heartbeat is detected. And ectopic pregnancy. Each of them also allows a doctor to declare such an emergency, and proceed with the abortion. Alabama does require a second opinion “within 180 days after the abortion is completed”. Which isn’t much of a block to abortion – it’s not like a dissenting opinion can cause it to be unaborted.
Look, the information is out there if you want to find it. It isn’t even hard. The only reason to not look is because you don’t care about facts, only about justifying a political position. Full stop.
If you want to be taken seriously, stop lying.