Court rules child protection laws apply to unborn babies

Wednesday, January 16, 2013
Charlie Butts (

A preborn baby is a human being. That's the ruling from one of the few courts to recognize that as a legal fact.

The case involves a woman who smoked meth three days before her baby was born at 25 weeks. Her son lived for only a few minutes. Amanda Kimbrough appealed her conviction to the Alabama Supreme Court, arguing that state law involving drugs and children only applies to those already born.

Jennifer Mason with Personhood USA describes the court's response to that argument.

Mason, Jennifer (Personhood USA)"[The court ruled] essentially that the unborn child is a person and that the laws of chemical endangerment to a child that's already born also applied to preborn children," she tells OneNewsNow.

"And this was an amazing decision where they just really effusively went on about the personhood of the child and spoke negatively about Roe v. Wade. It's really a huge victory."

Mason contends that other states need to take a second look at their laws in light of what the Alabama court has stated.

"In other states, you can chemically endanger your child in the womb with no consequences at all and, as the Alabama Supreme Court said, a lot of our laws are starting to recognize that's not right. Women should not be able to do that."

The laws, she adds, are designed to keep unborn children safe. An exception, though, would be Roe v. Wade, which legalized abortion.

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