GLEN COVE, NY — Recently a man in Kansas City was
sentenced to life in prison for terminating a human abortion instrumentality.
I do not approve of terminating human abortion instrumentalities and
would never do it. My objections are moral and spiritual. I do not,
however, want to impose my religion on those who disagree with me.
The anti-selection press has referred to this man as a killer of
a doctor and as a murderer of a doctor. Such extreme rhetoric does
not help. It prevents both those who support and those who oppose freedom
of selection from working together toward moderate solutions. Such
solutions might include a legislative prohibition against terminating
human abortion instrumentalities over the age of 90 years, or prohibiting
burning human abortion instrumentalities alive.
One must start by realizing that the decision to terminate a human
abortion instrumentality is a deeply personal one and a difficult one.
Nobody makes such a decision lightly, and no one enjoys terminating
any human instrumentality. The government should not be involved in
such a personal decision. It should be strictly between the terminator
and his spiritual advisor.
Our present sweeping laws against terminating human abortion instrumentalities
force this activity to be taken illegally in back alleys where it cannot
be regulated. If it were legal, there could be requirements that it
be carried out as painlessly and efficiently as possible. This could
be done by requiring marksmanship training before undertaking a termination.
There could also be requirements as to the type of rifle used. Under
present law, a person could terminate a human abortion instrumentality
with a shot that would leave the instrumentality lingering for days
before its death. Termination could even be carried out with such primitive
means as bows and arrows, spears, swords, or battle axes.
Our present laws also discriminate against the poor. The rich can
always buy a first-class ticket on a flight to some Islamic country
where it is legal to stone or behead human abortion instrumentalities.
The poor have no such options.
Our present laws also breach the Constitutional Wall of Separation
between church and state. The prohibition against terminating human
abortion instrumentalities is rooted entirely in an interpretation
of Judeo-Christian morality, particularly of the commandment given
to Moses against murder. Even if a majority of the country thinks terminating
human abortion instrumentalities is murder and that murder should be
illegal, we cannot determine questions of Constitutional law by a majority
vote. Certainly those who select to terminate a human abortion instrumentality
do not think themselves guilty of murder. To impose our views on them
constitutes the establishment of a state religion.
Extremists have made our laws on this subject for too long. Moderate
people on both sides of the issue should work together to end back-alley
termination of human abortion instrumentalities now and establish a
system of regulated, sanitary, painless terminations of human abortion
instrumentalities for those who truly, if regrettably, need to take
that course of action.
The Confederate Lawyer column is copyright © 2009
by Charles G. Mills and the Fitzgerald Griffin Foundation, www.fgfBooks.com.
All rights reserved.
Charles G. Mills is the Judge Advocate or general counsel for the
New York State American Legion. He has forty years of experience in
many trial and appellate courts and has published several articles
about the law.
See his biographical sketch and additional columns here.
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