In addition to the moral questions regarding abortion, there is a legal issue. To what extent, and in what way,
should the government defend pre-born individuals' right to life? A government that permits and funds elective abortions in the late stages of pregnancy cannot expect such dereliction of duty to go unpunished by God, who establishes governments as His ministers to defend those who are unable to defend themselves. It is in the interest of every government to avoid becoming a stench in God's nostrils. Laws about abortion should reflect a shared recognition of the value of pre-born individuals. At the same time they ought to be designed so that they may be applied with latitude and compassion, and with special protocols for exceptional cases.
This is a model or pattern of the contents and effects of a realistic abortion-related state law.
PART ONE: SPECIAL PROVISIONS
Abortion shall be legal throughout pregnancy in the case of a physicians' diagnosis of the condition of ectopic
pregnancy or an equivalent irremediable condition which substantially contributes to the direct endangerment of the physical life of the mother. Psychological duress shall not constitute such a condition.
Abortion shall be legal throughout pregnancy in the case of a physicians' diagnosis of a condition of fetal
anencephaly.
Abortion shall be legal throughout pregnancy if, in cases where two or more individuals are in the womb, two
physicians recommend fetal reduction on the grounds that the continuation of fetal growth endangers one or more lives.
PART TWO: PRE-ABORTION PROTOCOLS
(1) Within 72 to 12 hours before an abortion is scheduled to begin, the pregnant woman shall receive counsel,
including a description of the abortion procedure and a visual representation of the current appearance of her embryo or fetus, along with a written and/or verbal description of her embryo or fetus.
(2) The person performing or overseeing the performance of an abortion (whether via surgical or via the
administration of an abortifacient) shall diligently examine the individual in the womb for signs of lung-motion, using standard medical tools. If lung-motion is detected, the abortion shall not be performed.
(3) In the event that the absence of lung-motion is verified, the person performing or overseeing the abortion shall
issue and sign a certificate to that effect, and may proceed with the abortion within a period not to exceed 24 hours from the time of the examination. Failure to issue and sign shat a certificate shall constitute a serious crime. The issuance of a false statement on such a certificate shall constitute a serious crime.
(4) In the event that an individual in the womb, when examined, is found to be manifestly at a stage beyond the
twelfth week of pregnancy, the individual shall not be aborted.
(5) These protocols may be suspended in the event that a physician declares a medical emergency in which the
physical life of the pregnant woman is directly and imminently endangered by the continuation of the pregnancy, and when a physician observes that to proceed with actions directed toward live birth would (a) be unproductive in light of the non-viability of the individual in the womb, or (b) would substantially increase the physical danger to the mother's life and/or health. A false declaration of such an emergency constitutes malpractice.
PART THREE: MISCELLANEOUS
(1) Except in the circumstances describes in Part One, and/or in a medical emergency as described in Part Two,
Section 5, no abortion shall be performed on an unemancipated minor without the written consent of her parents, a parent, legal guardian, or, if neither a parent nor guardian is available, a representative appointed by a court.
(2) In no case shall the gender of the individual in the womb be ascertained prior to the detection of lung-motion.
(3) All abortions performed past the 20th week of pregnancy shall be scheduled to occur only in locations
equipped to provide medical care and treatment to all individuals in the event of a live delivery.
(4) The procedure known as "partial-birth abortion" shall not be performed. Performance of this procedure shall
constitute a serious crime.
(5) In the event that an abortion is performed without the issuance of a certificate confirming the absence of lung-
motion, if a private corporation owns the facility where the abortion was performed, when it was performed, such corporation shall be ordered to pay a fine and may be suspended from allowing abortions to be performed on that property, except in cases described in Part One and in medical emergencies. Repeated occurrences of such a scenario shall result in a very substantial fine and a prolonged suspension which may extend to forfeiture of property and equipment owned and/or used by the corporation.
(6) The following statement shall not apply to circumstances described in Part One or in the event of medical
emergencies described in Part Two Section 5. Upon the detection of lung-motion, the individual in the womb shall be recognized as a person with the right to life and other rights which the state may affirm.
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PART THREE: A PRO-LIFE LAW: WHAT DOES IT LOOK LIKE?
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