In the cause of pro-life some Republican Texas lawmakers are seeking to provide for the potential execution of women who have abortions and the doctors who provide them. Texas Republican Representative Bryan Slaton has introduced the “Abolition of Abortion through Equal Protection for All Unborn Children Act.”
The intent and effect of the Act is to define from the moment of conception a fertilized egg as a full human and the termination of it as murder. In the words of this proposed statute:
“A living human child, from the moment of fertilization . . . is entitled to the same rights, powers, and privileges as are secured or granted by the laws of this state to any other human child.”
The Bill then expressly states that the provisions of the Texas Penal Code relating to criminal homicide (Chapter 19) shall be enforced in regards to abortion, “regardless of any contrary federal statute, regulation, treaty, order, or court decision.” Those Texas homicide statutes provide for the punishment of murderers to include execution. In particular, § 19.03 of the Texas Penal Code defines capital murder as including: “the person murders an individual under 10 years of age.”
The Bill provides no exception for rape or incest. The Bill provides a medical exception that extends only to an ectopic pregnancy and nothing else.
I should add that the full spectrum of criminal homicide statutes apply. A woman could be charged with negligent homicide if her carelessness resulted in the death of a fertilized egg. Ditto for a doctor treating her, even for an unrelated matter.
A person picking up a woman from getting an abortion could be charged with aiding and abetting murder for driving what would amount to the “get away car.”
Just so you know where things are headed if the Supreme Court reverses Roe.