Alabama man sues abortion clinic after girlfriend terminates fetus

09 March, 2019, 02:15 | Author: Donnie King
  • The case will test the rights of the unborn

A lawyer will represent an unborn fetus in Alabama court after the father of the aborted fetus sued a women's health clinic on its behalf, according to Vice News.

Magers filed a suit against the abortion center last month and is seeking damages for the "2017 abortion of his and his girlfriend's six-week-old child, dubbed Baby Roe".

Judger Barger was asked by WHNT if he knew that he was granting an aborted fetus legal rights, but he declined to comment.

"It represents the real-life consequences of anti-choice "personhood" policies", she said, "which, by design, seek to demote the fundamental rights of women, and are a stepping stone in the anti-choice movement's ultimate goal of criminalizing abortion and punishing women".

"We have already had a victory, and it was the first one of its kind, ever", Magers' attorney Brent Helms said.

Magers has told ABC affiliate WAAY31: "I'm here for the men who actually want to have their baby".

The suit identified Magers as the "father of his deceased child".

The lawsuit in Madison County is against Alabama Women's Center for Reproductive Alternatives LLC in Huntsville.




Hannah Ford, spokeswoman for Personhood Alabama, said the lawsuit stands in stark contrast to a new NY law and a proposed Virginia law that support abortion up to the moment of birth.

Amendment 2, which passed by a voting margin of 59.01-40.99 percent, outlines the state's responsibility to recognize "the sanctity of unborn life and the rights of unborn children, including the right to life" and to "ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate". The father wanted to keep the child but the mother wanted an abortion, court documents say.

The lawsuit references a constitutional amendment passed by Alabama voters previous year stating " it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children".

"[Roe's mother] is one voice among three in this scenario", Ilyse Hogue, NARAL's president tweeted yesterday. "And he wants to deter business pill makers and other people who he says profit off abortions".

Helms anticipates that the case, which is now in Alabama's lowest state courts, will likely make its way to the state's Supreme Court.

Reproductive health advocates have also expressed concern that personhood advocates may be willing to support legislation that would restrict abortion, even in cases of rape and incest, and pose a threat to birth control access for women across the state.

The lawsuit's defendants include the abortion clinic, staff members and a drug maker that manufactured the drug used in the abortion, according to the court filing.

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