The State’s Interest in Life

April 20th, 2007 by Fr. Frank Pavone ·Print This Article Print This Article ·

On Wednesday, the Supreme Court upheld the ban on partial-birth abortion that was enacted by Congress and signed into law by President Bush in 2003. This is an event of historic progress for the pro-life cause, whose ultimate goal is to restore protection to every unborn child, at every stage of development. For the first time since Roe vs. Wade, the United States of America has actually banned an abortion procedure, rather than just regulated it.

The pro-abortion forces attempted to strike down the ban because it does not have a health exception. The Court, however, said that the ban's opponents failed to demonstrate that the need for a health exception was extensive enough to render the law unconstitutional. The Court also rejected the arguments that the ban is too broad or too vague. The wording of the ban is clear enough for abortionists to know when they are and are not violating the law.

The decision in this case is refreshing to read, because it emphasizes that the state has a legitimate interest in the life of the unborn child throughout pregnancy. Nor is this the first time the Court has recognized this interest. The decision refers to the state's right to "express profound respect for the life of the unborn," and affirms "that the government has a legitimate, substantial interest in preserving and promoting fetal life." The partial-birth abortion procedure differs from other abortion procedures in that it actually hijacks the delivery process and turns it into a method of killing, and hence obscures the role of the physician in the birth process. The Court reaffirmed the state's "legitimate interest in regulating the medical profession in order to promote respect for life, including life of the unborn." The decision also asserts, "The State has an interest in ensuring so grave a choice is well informed." In reaffirming these legitimate state interests in defense of the partial-birth abortion ban, the Court is also pointing the way for continued pro-life legislative activity at the state and federal level.

 This decision also reminds us that elections matter. The work done by so many pro-life people in the elections of 2000, 2002, and 2004 made this decision possible. The lawmakers who passed the ban were elected, as was the President who signed it into law. The Senators who confirmed the two new Supreme Court Justices were elected, as was the President who nominated those Justices. The fruit of these elections should lead us to renew our commitment to elect pro-life candidates in 2008.

As we give thanks for the ban on partial-birth abortion, we call for a vigorous and faithful enforcement of it. Moreover, state bans on the procedure should likewise be put into effect in a manner consistent with the federal ban upheld by it.

This decision draws a significant and necessary line that stops the momentum of the abortion movement that believes it can justify any and every method of killing the unborn. The ban will indeed save lives.

(This update courtesy of the Priests for Life newsletter. You may contact Priests for Life at PO Box 141172, Staten Island, NY 10314; call 1-888-PFL-3448 or 718-980-4400; fax 718-980-6515; mail@priestsforlife.org; www.priestsforlife.org.)



8 Comments For This Post

  1. Guest says:

    Praise God!

  2. Guest says:

    Wow.  I am impressed.  Is true freedom in sight?  America, I heave seen a gleam of hope in your beautiful eyes.  Is it truly about love and life?  I pray it is so.

    GK - God is good!

  3. Guest says:

    eileen breen

    Thanks be to God!
  4. Guest says:

    I read the head-line, read it again, read it a third time, then had to read the story for it to actually sink in that the procedure was BANNED.  Then I did a happy dance, and thanked God for the change on the Supreme Court.

    As the news starting covering the dissenters, however, some of the glee faded.  How can these people think that a woman at that stage in her pregnancy would want her unborn child brutally murdered in such a fashion to save her own life?  That is what really stuck with me.  The majority wasn't wrong when it read that women should be spared the horror of this discovery.  I don't think that a woman, when she found how this procedure is performed, wouldn't have nightmares for the rest of her life.  The majority was not just speaking for the safety and protection of the unborn, it was speaking for the health and well-being of all women.

    Call me quirky, but I was always taught that constitutionality was based on the what was directly written in the Constitution and open to interpretation, or what was directly intended by the writers of the Constitution.  Not for the life of me can I imagine our founding fathers allowing the murder of its future citizens by such a brutal process, so can someone explain how anyone can think this law would be unconstitutional?  This is where I get fuzzy because I can't believe for the life of me that our founding fathers would write this into the Constitution, and yet, its a Constitutional right.  Exactly who's Constitution are we using, and where can we get a copy?

  5. Guest says:

    May we thank GOD for this day.  PRAISE HIM and the love he has for each human being.  May we walk with strength and continue to stop this awful murdering of innocent children completely.  This is definitely the beginning to ending abortion altogether.  May god teach us all the repect of life from the womb to the tomb.  GOD BLESS THE USA!

    Della/Michigan

  6. Guest says:

    I remember the horror I felt in reading an article in which in an effort to defend this aborrent practice cited the case of one woman who's child had an condition where the child's head would be too large for vaginal birth and wouldn't survive outside of the womb. 

     

    Why did the woman 'need ' a partial birth abortion? Becouse the hospital wouldn't do a C-section if there was no chance of the child surviving. 

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