Senate narrowly defeats bill creating 'crimes against unborn children'

Read more from The New Maine Times.

By Marian McCue, The New Maine Times.

AUGUSTA — A bill to create a new class of crimes against “unborn children” was narrowly defeated in the Senate Monday, losing on an 18-15 vote.  On Tuesday, the House version of the bill was defeated 81-66.

The bill, LD 1463, which had been introduced by Sen. Deborah Plowman (R- Penobscot), would have created a new class of crimes ranging from murder to assault against an unborn child. The bill had been supported by the Roman Catholic Church and the Maine Christian Civic League.

The Catholic Church said in testimony that it favors giving legal protections to unborn children, reflecting its belief that life begins at conception and that unborn children should have legal protection.  The bill limits the protection somewhat, and defines unborn children on the basis of viability outside the womb.

Opponents saw the bill as an attack on the rights of women, and a thinly veiled attempt to undermine abortion rights.

“This bill is an assault on every woman’s right to privacy,” said Sen. Cynthia Dill (D-Cumberland). She said that under similar bills, which have been enacted in 36 states, women have been charged under the law for obtaining a Caesarian section.

Others said the bill could prevent pregnant women from seeking the medical help they need for issues that arise in pregnancy.

“If this passes, the message to pregnant women will be clear,” said Sen. Justin Alfond (D-Cumberland). “Hide your behavior from your doctors, or you can be prosecuted. The pregnant women most in need of care will be afraid to speak to their doctors.”

Republicans argued that the bill was necessary to adequately address a crime against an unborn child.

Sen. Lois Snowe-Mello, (R- Androscoggin) said that current law was not adequate to address an injury to an unborn child.

“Current law does not see two victims,” said Snowe-Mello, who added that federal law, which had been supported by pro-choice senators like Susan Collins, does recognize the unborn child as a victim.  She said the proposed Maine law would not undermine a woman’s right to abortion.

But Sen. Stan Gerzofsky (D-Cumberland) argued that current Maine law allows for enhanced penalties for crimes against pregnant women.

“We already have laws that protect pregnant women, without giving them the fear of prosecution for something they do while they’re pregnant,” said Gerzofsky. He said that a new law had been enacted several years ago that allowed judges to increase the penalties for a crime against a pregnant woman.

“The current statute recognizes that pregnancy should be considered and allows appropriate and serious consequences,” said Gerzofsky.

 Sen. Philip Bartlett (D-Cumberland) said that women under similar laws to the proposed bill had been prosecuted after a miscarriage or a stillbirth.

“There is no protection for women once you go down this road,” said Bartlett.
The bill now heads to the House for consideration, where a ‘no’ vote will end its chances.

Six Republicans and an Independent joined the Democrats to defeat the bill, and one Democrat voted for it.