Mothers-to-be to potentially face homicide charges in case of abortion in several conservative-led states

South Carolina – Several states, including the states of Georgia, Idaho, Indiana, Kentucky, North Dakota, Oklahoma, South Carolina, and Texas aim to establish what is known as “fetal personhood,” granting legal rights to fetuses and fertilized embryos from the moment of conception.

Long-shot and controversial move

In what seems to be a sweeping and controversial move, legislators in seven conservative states are advancing laws that would drastically change the legal scene surrounding abortion. Some states, like Oklahoma and North Dakota, killed these proposals, but it is increasingly possible that such bills will be shortly proposed once more.

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The proposed laws go a major step beyond current abortion restrictions in several states by potentially permitting women seeking abortions to be charged with homicide. Many state legislators who support this significant change in legal interpretation claim that any action that could endanger fetuses should be deemed criminal activity if fetuses are to be considered persons.

Conservatives play on the ‘humanity’ card

One of the loud advocates of this strict policy is Idaho State Senator Brandon Shippy.

“If we truly believe in the equal humanity of the preborn, then our laws must uphold that truth in practice,” Idaho state Sen. Brandon Shippy, a Republican, told fellow lawmakers while introducing his bill in February. The bill would allow women who seek abortions to be prosecuted under the state’s homicide laws.

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Shippy further explained his position by emphasizing the need for consistency in the application of the law.

“Justice requires accountability for intentional actions,” Shippy said. “To exempt any group from accountability actually undermines the law’s integrity and diminishes the value of the life being protected,” he added.

Failed measures, but some remain optimistic

This kind of legislation has significant obstacles regardless of the enthusiasm of its supporters. With similar ideas still pending in many states including Georgia, Indiana, Kentucky, South Carolina, and Texas, many legislators agree that the bills are a long shot. These states are also investigating less severe policies based on the idea of fetal personhood, while still anchored on that idea.

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Critics of the idea of fetal personhood contend that it may have far-reaching legal and social consequences beyond of the abortion question. For example, a proposed measure in Montana aiming at changing the state constitution to acknowledge full rights from fertilization caused powerful controversy. Critics fear that such laws may not only forbid abortion but also limit access to in vitro fertilization and potentially cause criminal investigation on women who miscarry.

Women’s rights again in question

Residents of Montana expressed concerns about the wider consequences of such laws at a recent legislative hearing. Residents clarified that this goes beyond simply abortion. It’s about drastically altering the legal view of women’s rights.

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These laws expose a significant and lasting divide in American culture on the topic of abortion as they negotiate different state legislatures. The result of these legislative initiatives could have significant effects on women’s rights and the judicial system going forward for many years.

Citing Mayo Clinic, Stateline reported that an estimated 10% to 20% of known pregnancies end in miscarriage, though the percentage is likely higher for all pregnancies, since many losses happen before a woman knows she’s pregnant.