The Alabama Supreme Court approved the capital punishment of a man who killed his pregnant wife in 2009, stating that under Alabama’s law, “the value of the life of an unborn child is no less than the value of the lives of other persons.”
According to Christian News, one of the Alabama justices is urging the U.S. Supreme Court to overrule Roe v. Wade in light of this ruling since the landmark court case ruled that the ‘right’ to abortion supersedes an unborn child’s right to life.
“I concur fully with the Court’s rationale that unborn children are persons entitled to the full and equal protection of the law,” Justice Tom Parker wrote in the decision released on Friday. “I write specially to expound upon the principles presented in the main opinion and to note the continued legal anomaly and logical fallacy that is Roe v. Wade.”
“I urge the United States Supreme Court to overrule this increasingly isolated exception to the rights of unborn children,” he stated.
The justice noted that the decision made in the 1973 case does not align with the criminal laws in many states that recognize unborn children as people. Alabama, for example, passed the Brody Act in 2006 after a pregnant woman was found shot and killed. The act declares that “an unborn child in utero at any stage of development, regardless of viability” is a person for the purposes of murder prosecutions.
The court used the Brody Act as a precedent in order to uphold the conviction and death sentence of Jessie Phillips, who killed his pregnant wife Erica in 2009, making Phillips guilty of not only killing his wife but also of killing their unborn child.
“In Roe, the United States Supreme Court, without historical or constitutional support, carved out an exception to the rights of unborn children and prohibited states from recognizing an unborn child’s inalienable right to life when that right conflicts with a woman’s ‘right’ to abortion,” Parker stated.
“The judicially created exception of Roe is an aberration to the natural law and the positive and common law of the states. Of the numerous rights recognized in unborn children, an unborn child’s fundamental, inalienable, God-given right to life is the only right the states are prohibited from ensuring for the unborn child; the isolated Roe exception, which is increasingly in conflict with the numerous laws of the states recognizing the rights of unborn children, must be overruled,” he continued.
According to Christian News, Parker believes Roe is becoming further removed from “the legal fabric of America” as more states are working toward creating legal protection for unborn children.
“A ‘right’ created not from the language of the Constitution of the United States, but one abstracted from its supposed ’emanations’ and ‘penumbras,’ the Roe exception stands as an indictment against the United States Supreme Court that ‘our nation ceases to be governed according to the ‘law of the land’ and instead becomes one governed ultimately by ‘the law of the judges,’” Parker lamented.
“It is my hope and prayer that the United States Supreme Court will take note of the crescendoing chorus of the laws of the states in which unborn children are given full legal protection and allow the states to recognize and defend the inalienable right to life possessed by every unborn child, even when that right must trump the ‘right’ of a woman to obtain an abortion,” Parker concluded.
Photo courtesy: Devon Divine/Unsplash
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