Or at least that’s the idea some Republicans in South Dakota want to pass into law.
The bill, believed to be the first of its kind in the nation, was introduced in late January by Phil Jensen, a Republican legislator from Rapid City.
If passed, it would provide protection to a family member who kills “in the lawful defense of … his or her husband, wife, parent, child, master, mistress, or servant, or the unborn child of any such enumerated person” by defining the killing as a justifiable homicide.
Emphasis mine.
I hope this bill is destined to be aborted itself, but South Dakota is pretty fanatical about the whole issue. Fortunately, the wording makes it a moot issue since federal law trumps state in these matters and, well, it isn’t exactly legal to allow murder.
Of course, the whole purpose of this part of the bill is being spun a different way.
Jensen insisted the bill “has nothing to do with abortion” and would merely bar prosecutors from pressing charges against a family member who kills an assailant attacking a pregnant relative.
“Let’s say an ex-boyfriend finds out his ex-girlfriend is pregnant with his baby and decides to beat on her abdomen to kill the unborn child,” Jensen said. “This is an illegal act and the purpose of this bill is to bring continuity to South Dakota code as it relates to the unborn child.”
Too bad that isn’t what the bill actually says, huh?
The way Jensen is trying to frame the bill wouldn’t make it unique. Other states have given or sought to give protections to the fetuses of pregnant women. And to an extent I agree with them. We give police, federal agents, and elected politicians more protection under the law in many cases. The reason is because they hold a special place in society. I don’t think it’s a stretch to say expectant mothers hold a special place as well. Of course, the motivation for those bills is always to protect the “unborn child”, not the actual human being, but the result is a good one, I think; I accept it on pragmatic grounds.
It’s just unfortunate that the results of Jensen’s crappy bill would be the legalization of murder in South Dakota. That isn’t very pragmatic.
Filed under: News | Tagged: Abortion, Phil Jensen, South Dakota | 7 Comments »