Almost nobody actually says their child is "defective." Not out loud, anyway. They don't have to. The medical and abortion industries say it quite well, and the pro-life industrial complex plays right along.
The latest pro-life "strategy" is the Disability Abortion Ban. Just to clarify, Abolish Abortion Florida maintains that every single child is God's image-bearer and a gift from God. We believe that no child should ever be intentionally killed in the womb under any circumstances whatsoever.
Disability Abortion Ban bills were introduced by both Florida's House and Senate this last session. The bills died at the end of the session, but the House passed HB1221 after making some modifications in committee (regarding definitions, and mandating the provision of educational literature).
According to John Stemberger, Florida's pro-life guru, the Disability Abortion Ban is one of two pro-life legislative priorities for the upcoming 2022 legislative session (the other one is the pain-capable ban. Read all about it here. If these bills are refiled next session, they are likely to be substantially similar (if not identical) to these. That is why this article is being written. Many of us have tried to convince Mr. Stemberger (a Christian attorney) that regulating the act of murder is evil, and that states have the authority and duty to nullify evil and unconstitutional Supreme Court decisions. So far, Mr. Stemberger chooses to continue supporting iniquitous decrees that allow the murder of certain classes of children.
HB 1221 was introduced by Rep. Erin Grall. She authored the Parental Rights Act this session, a bill that codifies a parent's right to knowledge and consent for almost any procedure regarding their minor children. Abolish Abortion Florida would consider this to be a righteous bill notwithstanding the fact that it specifically excludes abortion. We believe that if abortion is abolished as it should be, there would be no need to include abortion as a procedure requiring parental consent, because abortion would be illegal. The parental rights bill passed and has been signed into law by the Governor.
Mrs. Grall also penned 2020's Parental Consent Act, which sailed through both houses and was signed into law. The Parental Consent Act states that a minor child must (sometimes) have (one of) her parent's consent to get an abortion. Of course, with not too much finagling, a girl can get around that by obtaining a waiver from a court, if she convinces the judge she has good reason not to tell them. Hired baby killers love to give advice to young girls as to how to go about getting a waiver. The state even provides free attorneys to help the girls prevail in their quest to murder their babies. But that is not usually even necessary, because more often than not, Grandma and Grandpa are only too willing to sign off on the killing of their grandbabies. It is an almost everyday occurrence to see young teen girls being practically dragged in (and sometimes literally dragged in) to the abortuary by one or both parents to butcher their grandchild. We would be pretty shocked if the Parental Consent Act has saved any babies (look for those statistics in an upcoming blog). However many it may have saved, how many more could have been saved by abolishing abortion altogether?
The Disability Abortion Ban, HB 1221, was Rep. Grall's pro life bill for the 2021 session. Senator Ana Maria Rodriguez's SB 1664 was substantially similar. Nine states have passed Disability Abortion Bans, according to the state's summary analysis. In seven of these states, injunctions have been granted by the courts and the law is not being enforced. One of those injunctions is a permanent injunction, meaning that the law has effectively been stricken by the court. Mississippi and North Dakota are the only two states where the law is being enforced, as no one has challenged them.
The bills state that "a physician may not perform an abortion if he knows, or should know, that the pregnant woman is seeking the termination of pregnancy solely on the basis of a prenatal diagnosis, test, or screening indicating a disability or the potential for a disability in the fetus."
Well-meaning Christians may be tempted to think this is a great bill that will prevent people from murdering their disabled children in utero. Please don't be tempted to think that. This is a horrible bill that merely contains code language that almost blatantly spells out how to get around the enormous loopholes. Here are the main problems with these bills:
1) "SOLELY." That's the killer's escape hatch, right there. If a woman admits to the doctor she is seeking the abortion for the SOLE reason of her child's disability, he cannot help her kill her baby. Otherwise, the child is fair game. There will undoubtedbly be at first, a few women ignorant of this loophole whose children will escape murder because their moms accidentally told the truth. But word gets around fast.
The loophole here is that a woman doesn't need a reason to have an abortion in the first 24 weeks. Abortion is currently legal in Florida up to 24 weeks for any reason or no reason. Non-invasive screening tests can detect a likelihood for Down Syndrome and Trisomy 18 with great accuracy from 12 to 13 weeks' gestation. The source for this information is the prenatal testing chart by the American College of Obstetricians and Gynecologists (ACOG), which is referenced in the legal analysis of the bill conducted by the state. All a mother has to do is come up with any reason, or no reason, to kill her child within 24 weeks, and the law has been satisfied. If she has financial problems, doesn't want stretch marks, or is just in a bad mood, she can kill her child. The law does not require the abortionist to ask, although there may be administrative rules for questionnaires. Even if the killer was required to ask, women could no doubt easily be coached by them beforehand on how to give an answer that meets the legal requirement. According to the state's legal analysis, 65-85% of all preborn babies with Down syndrome are killed in the US.
2) The bill only includes inherited conditions. The bill defines "disability" as "any disease, defect, or disorder that is genetically inherited, including, but not limited to: (a) A physical disability; (b) A mental or intellectual disability; (c) A physical disfigurement; (d) Down syndrome; (e) Scoliosis; (f) Dwarfism; (g) Albinism; (h)Amelia (absence of one or more limbs); or (i) A physical or mental disease. " Although the bill is not limited to just the examples given, they must be "inherited" conditions.
The waters get murky here. Even though the House committee's legal analysis makes mention of "neural tube defects;" the neural tube defect of spina bifida is not considered hereditary by the National Institute of Health. Babies with fetal alcohol syndrome would not be protected. Babies with hydrocephaly would not be protected. Prenatal exposure to Nika, corona, measles, or chicken pox would not be conditions covered in the ban. Babies with a cleft palate may or may not be protected, depending on the extent to which the researcher of the day considers it to be hereditary. Our lack of conclusive research on "hereditary" disorders is enough that it would encourage abortionists to challenge the wording of the bills. After all, killing babies is their bread and butter.
And there are many non-lethal, congenital conditions that are not hereditary and would not be covered by this bill. Don't ask me why they're not covered; ask Representative Grall and Senator Rodriguez. For that matter, ask them why they refuse to protect all babies, period. We have asked both of them to file bills of total abolition, and so far, they have not done so.
3) The bill specifically excludes "lethal fetal anomalies." Not only are non-hereditary conditions excluded, anything considered ultimately fatal is excluded. Trisomy 18 is genetic, but it is considered a lethal anomaly. Never mind Megan Hayes, who is 40 years old. She would not have been protected from execution under this bill.
Potter's syndrome is considered lethal. Tell that to US Congresswoman Jaime Herrera-Beutler, whose daughter Abigail received a kidney donated from her dad, and will turn 8 in July, Lord willing. Under this bill, babies like little Abbigail are as expendable as yesterday's newspaper.
Anything that is considered "incompatible with life" would not be covered. The Disability Abortion Ban is nothing less than selective prebirth euthanasia, masquerading as pro-life compassion. Just as we should not stab our terminally-ill grandma in the heart with digoxin to kill her, we also should not do the same to our preborn children. Prenatal end-of-life comfort care is available for babies with terminal illnesses. God is the author of life and death - not man.
4) The bill contains a fictional "life of the mother" exception. According to several experts in the field of high-risk obstetrics and gynecology, there is no such thing as a maternal condition that requires a preborn child to be intentionally killed in order to save the mother's life. None. Not one. There are life-threatening emergencies that require the emergency delivery of a premature baby, who tragically might not survive the delivery. However, trying and failing to save a baby is far different than intentionally murdering a baby. There can be no exceptions for murder.
5) The bill does not treat abortion as murder. An abortionist who violates this act would be charged with a 3rd-degree felony, the least serious felony charge. The charge is bumped up to a 2nd-degree felony if he kills the mother as well. This is not equal justice. These pro-life politicians may say they believe abortion is murder, but they don't act like it.
6) The bill excludes mothers from prosecution. Like all pro-life bills, These bills specifically exclude women from any consequence whatsoever for murdering their disabled child in violation of this act.
"(b) a woman upon whom a disability abortion is performed may not be prosecuted under this section with conspiracy to violate this section."
The language here seems a bit curious to me, as the bill says the woman cannot be charged with "conspiracy." "Conspiracy is defined in Florida Statutes 777.04(3) as
A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy . . . .
How about solicitation to commit murder for hire?
A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation . . . . 777.04(2), F.S. (emphasis added).
Nevertheless, the summary of the bill states that "women are exempt from prosecution." Therefore, no mother will fear the law. No mother will learn from the law. Romans 13:4 states: "But if you do wrong, be afraid, because they do not bear the sword in vain." We can think of no clearer example of a governing authority "bearing the sword in vain."
What other form of murder exempts the murderer from prosecution? If a mother chops up her newborn, should she be prosecuted? If she throws her two-year-old off a cliff, should she be charged with murder? If so, then a mother who has her preborn child butchered should also be charged -- if we are to have equal justice for all image-bearers of God.
Lastly, and most importantly:
7) Regulating, rather than forbidding, murder is wrong. Murder cannot be a right, because murder is wrong. We are made in God's image and all intentional killing of an innocent person is sin. "You shall not murder." Ex. 20:13. God's Word repeatedly forbids child sacrifice. Leviticus 18:21, Deuteronomy 18:10, 2 Kings 3:27, 2 Kings 16:3, 2 Chronicles 28:3, and on and on and on. Our civil magistrates are servants of God to carry out God's wrath on the evildoer. Romans 13:4.
"If the people of the land do at all close their eyes when that man gives one of his children to Molech, and do not put him to death, then I will set my face against that man and against his clan and will cut them off from their people, him and all who follow him in whoring after Molech.” Leviticus 20:4-5
Once again, the civil authorities are letting us down, whoring after the Molech of the Supreme Court, and regulating the evildoers instead of carrying out God's wrath on them. And until our lawmakers repent, tiny image-bearers of God will continue to be slain under color of law.
Please copy and paste the URL to this blog, click on each name below, and share this blog with them along with a demand that each of these legislators repent of regulating child sacrifice, and that they file a bill to abolish ALL abortion as murder.
Sponsor of HB 1221:
Co-Sponsors of HB 1221: