Would A South Dakota Bill Legalize The Murder Of Abortion Clinic Workers?

In South Dakota some lawmakers want to expand existing self defense laws defining justifiable homicide to include the defense of unborn children. Originally the legislation was intended only to justify a mother killing to protect her unborn child, but it has been amended to grant legal protection to relatives of the unborn child as well.

Now some are claiming that the bill would make legal the murder of abortion clinic workers.

PIERRE, S.D. (AP) — Efforts to expand South Dakota’s definition of justifiable homicide to include killings that protect unborn children ran into opposition Tuesday, when one critic argued that recently added language could provide a “license to kill” abortion doctors.

The bill’s main sponsor, Rep. Phil Jensen, said the measure merely seeks to make self-defense laws consistent with other South Dakota laws that allow murder or manslaughter charges for the death of an unborn child.

“This has nothing to do with abortion. This is a self-defense bill,” Jensen, R-Rapid City, told The Associated Press.

The bill originally sought to allow a pregnant woman to use force to protect her unborn child without being prosecuted for homicide or assault. But in a committee hearing last week, lawmakers broadened the bill to also allow a woman’s relatives to claim justifiable homicide if they killed someone to protect an unborn child.

Rep. Peggy Gibson said that could allow someone to claim self-defense for killing abortion providers, including doctors, nurses and other staff at abortion clinics.

“If this bill passes, in theory it would allow a woman’s father, mother, son, daughter or husband to kill anyone who tried to provide that woman with an abortion. It’s a license to kill abortion providers,” Gibson, D-Huron, said Tuesday.

I don’t think the originators of this law intend to legalize the murder of abortion clinic workers, but the unintended consequences of their legislation illustrate the absurd legal state of abortion laws in this country.

In many states in this country, if you attack a pregnant woman and kill her unborn child you can be charged with murder. But because the Supreme Court has defined abortion as a right, a woman choosing to kill her own unborn child is perfectly within the bounds of the law.

In Virginia in 2006 a pregnant woman shot herself in the stomach just days before her due date in order to kill the child she didn’t want. A court ruled that she had simply performed an ill-advised, late-term abortion. But if she had shot her child just days later, after giving birth, she’d have been a murderer.

The legal status quo surrounding abortion is illogical and monstrous. By no rational basis, legal or scientific, can we draw a line – be it during the child’s time in the womb or some time after birth – and say that before it there is no life but after it there is.

From a scientific standpoint, life begins at conception and is a continuum of growth and development that does not stop until death be it of natural causes or under the scalpel of an abortionist.

I, for one, do not want to see abortion clinic doctors and nurses menaced or murdered. But neither do I want to see them murdering the unborn.

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  • Poetry71

    Sounds like a good law to me. You choose your profession, you live by the sword you die by the sword! It would give those that are involved in providing abortions something to consider, Are my actions in killing an unborn child worth my own life?

  • philg

    “From a scientific standpoint, life begins at conception and is a continuum of growth and development that does not stop until death be it of natural causes or under the scalpel of an abortionist.” Does this also apply to your position on capital punishment? I respect you for your unwavering support of libertarian core beliefs, but find your stance on abortion baffling. The government can not have authority to control what someone does with their own body. IT IS THAT SIMPLE, there is no alternative for any true believer of limited and small government.

    • Poetry71

      Capital punishment is for those that CHOOSE to commit a heinous crime. They could also CHOOSE not to commit the crime, therefore not being sentenced to death! As far as believing in limited and small government, this is true however, protecting those that cannot protect themselves trumps “what someone does with their own body”. The unborn baby is not getting a choice in the case of abortion!

    • http://sayanythingblog.com Rob

      I’m actually against the death penalty.

      The government can not have authority to control what someone does with their own body. IT IS THAT SIMPLE

      Problem is, there isn’t just one person’s body involved. There’s an unborn child too, and that child has rights.

      • Jamermorrow

        People also have a right to not have other people forcefully live off of them.

        • Poetry71

          Please explain.

  • Anonymous

    What about that “quickening” bible stuff ?

    Can you legally kill the guy who runs the power station the clinic gets its electricity from?

    • Anonymous

      The Bible doesn’t speak of quickening; it’s a term from the Middle Ages describing when a woman began to feel the baby moving in her womb, and it was adopted by theologians of that era to describe when they thought life began.

      Obviously, we’ve learned something since then.

  • jgmann38

    http://legis.state.sd.us/sessions/2011/Bills/HB1171HJU.pdf

    The plain reading of this proposed statute is clear. In most cases, it seems to make at least some sense. A husband (or other statutorily defined person) may take action to prevent death or serious injury to an unborn fetus of his wife. I don’t think anyone has a problem with this application of the proposed law.

    It’s important to note that there was no exception for voluntary abortions. Adding such an exception could easily have been done, and simply wasn’t.

    Applying the plain language of the law, the following scenario could occur:

    A woman gets pregnant and decides to have an abortion. Her husband is strongly opposed to her having said abortion. Under the proposed law, the husband could use deadly force (like killing the abortion doctor) to prevent serious injury or death (i.e. Abortion) to the unborn fetus.

    Essentially, this law allows for a complete affirmative defense to the charge of murder should the person who committed the murder be a member of a certain class of people and commit the murder to prevent the death of the unborn fetus.

  • http://godlessliberalhomo.blogspot.com/ libhomo

    SD will lose a lot of tourism business if they do this.

  • SigFan

    Abortion IS murder. I don’t care how anyone tries to rationalize it, it is the taking of an innocent life, with premeditation. That is first degree murder and is and should be a capital offense.

  • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

    Should the woman be put to death for murder?

    • HG

      Depends on if your for the death penalty, I guess.

  • HG

    Even for the “self-defense” bill to be used to justify killing an abortion doctor, the act would have to occur at the time the doctor was performing the abortion for it to be self-defense. Any other time it would be actionable.

  • czekmark

    Killing people that kill the innocent and the defenseless? Some like a plan to me.

  • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

    “South Dakota Shelves Bill Aimed at Defending Unborn
    Thursday, February 17, 2011
    By A. G. SULZBERGER, The New York Times

    A state bill to expand the definition of justifiable homicide in South Dakota to include killing someone in the defense of an unborn child was postponed indefinitely Wednesday after an uproar over whether the legislation would put abortion providers at greater risk.

    The House speaker, Val Rausch, said that the legislation had been shelved, pending a decision on whether to allow a vote, amend the language or drop it entirely. A spokesman for Gov. Dennis Daugaard said, “Clearly the bill as it’s currently written is a very bad idea.”

    Read more: http://www.post-gazette.com/pg/11048/1126091-84.stm#ixzz1EEQVOCMe

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