by guest blogger, Erica Graham
Should personhood be ascribed based upon whether or not the person is wanted? If this seems like a strange question, consider the following case. This past week in Longmont, Colorado a 26 year old woman who was 7 months pregnant went to an apartment to pick up baby clothes she’d seen advertised on Craigslist. The woman was stabbed and beaten upon entering the apartment. The assailant then cut the unborn child from the victim’s womb and fled the scene. The mother-to-be survived but the child did not. The suspect brought the deceased child to the hospital where the victim was being treated, claiming the baby was her own miscarriage. The suspect was apprehended and is now facing charges. Prosecutors, however, are uncertain if murder charges can be filed. In the State of Colorado, a murder charge cannot be pressed unless the child was alive outside the womb.
Our hearts break when we hear this story. A mother is bereft of her child, and the justice system may not allow the suspect to be charged for murder. The prosecutors are working around the question of how long a baby has to live outside the womb to be considered “alive” and thus considered “murdered”. So, where do we draw the line? Is one breath outside the womb sufficient? One minute of breathing? When is an unborn child a human person? When do they deserve human rights of their own? Are they just a part of the mother’s body? Is this grisly attack murder, or merely assault?
Most people would say there was an obvious loss of life here. The expectant mother’s child was violently killed. That fact seems obvious. But what makes a 7 month old fetus different than an 8 week old fetus? And why are we ok with killing one but angered when the other is killed? The only difference is whether or not the mother desires the child.
This horrific Colorado crime shines light on the ugly reality that we let other people decide whether or not someone is valuable enough to live.
We let children be killed only when the pregnant woman decides it is permissible. How can we offer justice to a woman who had her baby literally stolen from her womb when we cannot acknowledge her child was even alive? Should we follow an ethic that allows such injustice?
I believe this potential failure of justice should make us rethink how we legally define life. For the sake of justice we should declare the child alive at conception. This allows expectant mothers to defend their babies’ lives before they are born. Our gut tells us this baby was murdered and I think we should listen to our instincts here. Unborn children can be murdered just any other child can, and they deserve the same rights to justice.
CNN Article describing the case above