R
rayne89
Guest
What is the current status of partial birth abortion, is it still legal is some states? Please give me any references you have.
Mari319:If I’m remembering correctly (and I’m sorry if I’m not), Michigan tried to pass a ban on partial-birth abortions and it was vetoed by the governer. Then there was a petition to override the veto and I think they got enough signatures, but I don’t know if it ever actually passed or if that horrible crime is still “legal.”
I’m fairly sure there are other states where it’s still legal too. Makes me want to cry!:crying:
Each state that has passed a ban has had the ban struck down in court as “unconstitutional”.What is the current status of partial birth abortion, is it still legal is some states? Please give me any references you have.
Ohio managed to do it.It’s impossible to write a partial birth abortion ban that will stick. This is because Doe v Bolton, the companion case to Roe v Wade, says that even though a state may, in theory, forbid abortion in the last trimester, there must always be an exception for the life or health of the mother.
It further went on to define “health” in such a manner that it’s a wide open loophole–anything in the women’s physical, mental health, family or economic or emotional circumstances, can be construed as a “health” factor. In practice, the abortionist gets to decide what is a health factor that would permit an abortion.
More power to Ohio, then. Kansas had a partial birth abortion ban with similar language. The Kansas Supreme Court ruled that “major bodily function” must of necessity include “mental health,” and mental health is a pretty wide loophole.Unlike a previous Ohio law, this ban allows an exception “to preserve the life or health of the mother as a result of the mother’s life or health being endangered by a serious risk of the substantial and irreversible impairment of a major bodily function.”