Fetal “rights” — Newsweek article raises core issues

Vermont is not the only state to see a push for the establishment of rights for fetuses. An online Newsweek article looks at efforts in a number of states to shift the ground for approaching reproductive freedom issues.

One of the most compelling stories involves a young Florida woman who was forced by court order to remain hospitalized after she requested a second opinion regarding “complications” her doctor had diagnosed concerning her pregnancy. The court ordered her to remain bedridden, potentially for up to 15 weeks, to “preserve the life and health of Samantha Burton’s unborn child.”

Tragically, Burton miscarried three days later.

Burton is now back in court again, this time asserting that the government-ordered bed rest was unconstitutional. “Ms. Burton literally became a ward of the state, incompetent to make her own medical decisions, simply because she was pregnant,” her lawyer said.

The article mentions two more fetal “rights” issues: the opening of the trial of the alleged killer of late-abortion doctor George Tiller in Kansas, and efforts here in Vermont to impose stiff penalties for acts that may cause the death of a fetus.

The three cases, the Newsweek writer acknowledges, are different. But they all grapple with one question: “What rights, if any, does a fetus have?”

Lynn Paltrow, executive director of the National Alliance of Pregnant Women, said, “It makes me think we’re still engaged with a fundamental question of whether, upon becoming pregnant, women are still full citizens.”

The ACLU-Vt is concerned about the Vermont bills that have been introduced — S. 175 and S. 273. The one most likely to get a hearing, if there is one, is S. 273. That’s because its prime sponsor is Sen. Richard Sears, chair of the Senate Judiciary Committee.

We’ve written Sen. Sears to express our concerns about S. 273. While S. 273 could be made acceptable, we don’t think this is a good way to open up a debate over abortion — which is what consideration of the bill would very likely lead to.