A report out of Columbia, South Carolina could have implications for pro-lifers concerned with the protection of the unborn children in the womb.
The South Carolina Supreme Court ruled July 17 that pregnant women who use drugs can be charged with child abuse.
According to the Eternal Word Television Network news service (EWTN), the state Supreme Court ruled 3-2 in defense of the unborn child, marking the first time a state high court has permitted such persecutions.
Under the ruling, women in South Carolina could face up to 10 years in prison for abuse to the unborn child. Ironically, the penalty for illegally obtaining a third trimester abortion in South Carolina is two years in prison.
The court said a viable unborn child can be considered fully human or a person under state law. As a result, these unborn are worthy of legal protection.
“South Carolina law has long recognized that viable fetuses are persons holding certain legal rights and privileges,” Justice Jean Toal wrote for the majority opinion. “The consequences of abuse or neglect which take place after abuse suffered by the viable fetus before birth.”
Although the ruling is positive news for the pro-life community, there are still some concerns. At least four other U.S. states, Florida, Kentucky, Ohio and Nevada, ruled against legal protection for unborn children in similar cases. As well, the South Carolina chapter of the American Civil Liberties Union (ACLU) plans to ask the court to reconsider its decision.
Although U.S. legal decisions have no bearing outside the country, Canadian pro-lifers hope it reflects a trend toward increased legal protection for the unborn. The issue is significant in light of developments in Ottawa in which a 28-year-old pregnant woman shot herself in the stomach with a pellet rifle. The case is pending.
