A Federal Court has upheld the constitutionality of a South Dakota law requiring doctors to inform patients that abortion kills a human being. U.S. District Judge Karen Schreier handed down the ruling on Thursday in a lawsuit against the state filed by Planned Parenthood Minnesota, North Dakota and South Dakota objecting to the 2005 law requiring that full information be given to women seeking abortions.
Judge Schreier said that although doctors must use the term ‘human being,’ it can be used in a “biological sense” and not an “ideological” one. The law specifies that a woman must be told that abortion “will terminate the life of a whole, separate, unique, living human being.”
The ruling isn’t quite what we’d like to see; there are some flaws in it:
In the same ruling Schreier, who had issued an order in 2005 preventing the law from coming into effect, overturned a requirement that women be informed that abortion increases the risk of suicide
and suicidal thoughts. Schreier called these disclosure provisions “untruthful and misleading.”
Also struck down was a provision requiring doctors to tell a woman that she has an existing legally protected relationship with her unborn child. Schreier ruled that “in the legal context, a pregnant mother cannot have a ‘relationship’ with a ‘human being,’ as that word is defined in the statute.”
Agreeing with Alliance Defense Fund counsel Steven Aden, “We find it incredible, however, for the court to determine that the law cannot acknowledge that a ‘pregnant woman has an existing relationship with that unborn human being’ because some human beings are somehow not ‘persons.'”
The personhood of the unborn continues to be a crucial point of disagreement between pro-lifers and pro-“Choicers.”
The entire article is here.