A proposed Georgia law, if it is being understood correctly, would call a woman to task if she suffered a miscarriage. Unless, that is, she could prove that the incident had occurred beyond the scope of human action. In short, and again, we must say that if we understand things properly, a woman who had a miscarriage would have to prove she did no wrong.
Right off the reel, it seems that such laws would violate the innocent until proven guilty assumption which is supposedly at the heart of our system of justice. Yet that is surely an easily altered section of the bill. When the big picture is considered, when we hear ideas of this nature, our first thoughts quickly move towards how these proposals might affect the pro-life movement. That effect cannot be good.
That a willful miscarriage would qualify as an abortion cannot be denied. But to put a woman in the position of defending a miscarriage simply because it was a miscarriage must be seen a nothing more than a witch hunt. The trauma which such an awful event would have on a woman expecting to have a baby must be understood in order to fully appreciate it. That trauma cannot be good, of course. To then add the threat of prosecution to the horror she would have already went through is nothing short of vulgar.
That does not mean that government actions supporting contraceptive use is any less vulgar. That does not mean that real and true abortions are not on their very face willful murder and ought to be stopped. But it does mean that, in their zeal to end abortion on demand, the actions of pro-life activists and legislators must be tempered by reason.
This type of legislation is exactly the kind of initiative which will not help the pro-life movement. It does indeed paint the anti-abortion crowd as lecherous souls leering into every bedroom. Indeed, it threatens the movement in ways and manners of which we should hope that a rational soul would have taken notice: if it embeds the practice of abortion all the more within our society through any substantive counter-reaction, then the blood of those children aborted in the future would in truth be on their hands.
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