Unborn Victims of Violence Act
April 1, 2004, President Bush signed into law the “Unborn Victims of Violence Act,” granting legal status to a fetus as a human being for the first time. The new law undermines the historic 1973 Supreme Court case, Roe v. Wade, which maintains that “the unborn have never been recognized in the law as persons in the whole sense.” The new law renders an attack on a pregnant woman that injures or kills her and the fetus a crime against two human beings.
NARAL Pro-Choice America President Kate Michelman says the law is “part of a larger strategy to establish the embryo with separate distinct rights equal to if not greater than the woman.”
The U.S. Senate passed the Unborn Victims of Violence Act on March 25th, by a vote of 61-38 with 1 not voting. Washington Senators Murray and Cantwell both voted against the bill. The House version passed on February 25th.
The death of Laci Peterson was a terrible tragedy, but the anti-choice movement's decision to rename this bill "Laci and Connor's Law" is a cynical explotation of the tragedy of Laci Peterson's murder.
Violence against women, especially pregnant women, is unacceptable. NARAL Pro-Choice Washington is dedicated to preserving a woman’s right to have a family when she chooses. Any criminal act that robs her of a hoped-for future child is tragic and intolerable.
Congress should support laws and fully fund programs that deter and punish violence against women - As the Supreme Court has recognized, domestic abuse is often worse when a women is pregnant
- Senator Patty Murray's amendment to the Unborn Victims of Violence Act would have helped to prevent these terrible tragedies by addressing the cause of most violence against pregnant women. The amendment would have increased funding and support for women who are victims of domestic violence
- Despite Senator Murray's commitment to protecting women and families, the Senate defeated the Murray Ammendment by a vote of 53-46
- Supporters of this bill claimed that domestic violence is not relevant to violence against pregnant women.
Congress could have passed a sentencing enhancement when a crime against a pregnant woman results in a miscarriage, stillbirth or injury to a pregnancy- Senator Diane Feinstein's amendment would have created stronger prison terms for people who harm pregnant women
- It is not necessary to define a fetus as a person to increase the penalties for injuring or murdering a pregnant woman. This would be similar to laws that increase the penalty for murding police officers in many states.
This bill is a deceptive attempt to erode Roe v. Wade- In the text of Roe v. Wade, the Supreme Court concluded that because "the inborn have never been recognized in the law as persons in the whole sense" a fetus is not a "person" for the purposes of the 14th Amendment to the U.S. Constitution.
The Unborn Victims of Violence Act is part of a nationwide strategy to define fetuses and embryos as people with legal rights- In 2002, the Bush administration amended the State Childerens Health Insurance Program (SCHIP) to provide coverage for embryos and fetuses, but not pregnant women
- Speaking on CNN last May, Senator Orrin Hatch said "They say it undermines abortion rights. It does...but that's irrelevant."
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