Alabama Supreme Court: Unborn Children Have Rights Protected by Law

John-Henry Westen : Jan 16, 2013
LifeSite News

According to the brief, common law in England and the United States, with support from the medical and legal professions, recognized that "[l]ife is the immediate gift of God, a right inherent in every individual; and it begins in contemplation of law as soon as an infant is able to stir in the mother's womb."

(Montgomery, AL)—On January 11 the Alabama Supreme Court held that the word "child" in Alabama's chemical endangerment statute applies to the born and unborn.

The case reached the Supreme Court on an appeal by Amanda Kimbrough who admitted to smoking meth three days before the premature birth of her son Timmy. Born at 25 weeks, Timmy survived only 19 minutes after birth and was found to have died from "acute methamphetamine intoxication."

The ruling states, "The decision of this Court today is in keeping with the widespread legal recognition that unborn children are persons with rights that should be protected by law."

"Today," the court added, "the only major area in which unborn children are denied legal protection is abortion, and that denial is only because of the dictates of Roe."

"Furthermore, the decision in the present cases is consistent with the Declaration of Rights in the Alabama Constitution, which states that 'all men are equally free and independent; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness.'"

Courts of appeal in Alabama have upheld convictions of mothers who were charged under the chemical endangerment law, when their children tested positive for illegal drugs at birth.

Liberty Counsel had filed a brief in the case, which provided the Alabama Supreme Court with a historical review of legal protection for unborn children, dating from ancient Greece to the present day.

According to the brief, common law in England and the United States, with support from the medical and legal professions, recognized that "[l]ife is the immediate gift of God, a right inherent in every individual; and it begins in contemplation of law as soon as an infant is able to stir in the mother's womb."