SB 9, the Heartbeat Bill, has passed out of Committee to the floor of the House. Gov. Bevin is expected to sign it if it reaches his desk, at which point the ACLU of Kentucky will sue the state.
This same bill recently passed Tennessee’s House Committee. LifeNews.com reports:
Heartbeat bills also have been introduced in a number of other states this winter, including Florida, Kentucky, Mississippi, Ohio and South Carolina. However, in January, a judge declared Iowa’s heartbeat law unconstitutional.
The goal of the legislation is to prevent the deaths of thousands of unborn babies every year. However, even some pro-life advocates admit that the success of the legislation is uncertain. While the rationale behind the law is noble, a number of pro-life leaders recognize that, for the present, such laws may create unintended consequences that could hamper the pro-life cause. When courts rule against such laws, state taxpayers often are forced to reimburse pro-abortion groups for their legal fees.
North Dakota and Arkansas passed heartbeat bills several years ago, but federal courts struck down both laws.
The Eighth Circuit Court of Appeals said the following about its ruling on the six-week ban: “Because there is no genuine dispute that (North Dakota’s law) generally prohibits abortions before viability — as the Supreme Court has defined that concept — and because we are bound by Supreme Court precedent holding that states may not prohibit pre-viability abortions, we must affirm the district court’s grant of summary judgment to the plaintiffs.”
Is this a dilemma for pro-lifers? Can we continue to push for legislation that ends abortion, whether in the 1st, 2nd or 3rd trimester? Ought we to base our legal strategies on whether or not a court will rule in our favor? Or, should we seek justice by pursuing the right to life for pre-born babies who are alive from conception? We are living in a time of unconstitutional high court decisions that dictate lower court rulings, BUT not always. Some judges respectfully stand for life.
One example is the Louisiana Unsafe Abortion Protection Act that requires abortionists to have admitting privileges to hospitals to protect women’s health. The case went to SCOTUS this winter despite a similar Texas law being struck down. “But Chief Justice John Roberts joined the high court’s pro-abortion minority to prohibit the law’s implementation over the dissent of Justice Brett Kavanaugh. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch noted their dissent but did not join the Kavanaugh opinion. Oddly, Roberts joined the pro-life side when the Supreme Court ruled on a similar Texas law.” (NRLC.org)
Nevertheless the case may be reconsidered later this year.
A man who lived 3,000 years ago defined our dilemma well: “If the foundations are destroyed, what can the righteous do?” (Ps 11:3) Your Kentucky Right to Life is working on answers and encouraging prayer.