Repro Choice: Oppose the Unborn Victims of Violence Act

Sometime in the next few months, we expect the Senate to consider--probably with little notice--S.146, the Unborn Victims of Violence Act. "On its face," according to a fact sheet from Planned Parenthood, "this bill creates a penalty for violation of a number of criminal statutes if, in the course of commission of these crimes, an "unborn child" is injured or killed. The dangerous reality of the bill, however, is that it would elevate the legal status of the fetus to that of an adult human being. This is merely the first step toward eroding a woman's right to choose. The loss of a wanted pregnancy is a tragedy, but solutions should be real, not political."

Talking Points

++ S. 146 Creates Fetal Personhood by Elevating the Status of a Fetus or Zygote, Creating Tensions with Roe.

By recognizing a fertilized egg or a fetus as a person that has separate
legal rights equal to that of a woman, this legislation is clearly trying to establish fetal personhood. This creates a tension with the Supreme Court's
decision in Roe v. Wade where the Court ruled that "the word 'person,' as used in the Fourteenth Amendment, does not include the unborn." The
sponsors of this legislation claim that this bill is not about abortion
because it exempts prosecution for legal abortions, medical treatment, and the conduct of women. But, during Committee consideration of this bill in the 106th Congress, the bill's advocates admitted that their true intent is to recognize the existence of a separate legal "person."

++The majority of states have statutes on the books that address criminal conduct that results in harm to a pregnancy.

++ S. 146 Ignores Harm to Women

Nowhere in this legislation is the harm to the woman resulting from an
involuntary termination of her pregnancy mentioned. In fact, the pregnant woman is not mentioned at all, which is shameful given that homicide is the leading cause of death to pregnant women. When the sponsors of this bill were given the opportunity to vote for a substitute that had the same criminal penalties as the underlying bill, but that recognized that the pregnant woman is the victim of the crime, rather than the "unborn child," they voted against it. Violence against women continues to be a significant problem in America - not yet fully addressed by Congress - but this bill does not focus on that problem. Instead, it shifts the focus away from the women who are truly the victims of these crimes.

Action Needed
Call and write your Senators and urge them to oppose the S. 146, Unborn Victims of Violence Act. Ask them to support legislation aimed at reducing violence against women, not creating unnecessary legal definitions. To easily reach your members by phone, you may call the Capitol Switchboard at
202-224-3121.

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