Vermont Case On Legal Recognition Of Fetuses Could Reignite Debate Over Abortion

Main Category: Abortion
Also Included In: Pregnancy / Obstetrics
Article Date: 18 Aug 2009 - 2:00 PDT

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The case of a Vermont woman -- who is seeking legal recognition of her six-month-old twin fetuses that died in a car accident -- could reignite a debate over abortion rights in the state, the AP/Barre-Montpelier Times Argus reports. Some abortion-rights advocates have expressed concerns that revising state law to give legal recognition to fetuses could conflict with the Supreme Court ruling in Roe v. Wade.

The state Supreme Court in 1989 ruled that prosecutors cannot charge anyone for the death of a fetus in a motor vehicle accident. According to the AP/Times Argus, the court cited a common law tradition from the 17th century that ruled a fetus must be born alive for it to be eligible for legal protection. Although 36 states have some form of fetal homicide law, Vermont does not, and the state Supreme Court said it will be up to the Vermont Legislature to revise the law.

The woman involved in the case, Patricia Blair, said, "They're babies. It just makes no sense to me how anyone can say 'they're not babies, they're a fetus,'" adding, "We need to speak for them. If I can do something for these two I am going to do it." Blair said, "If I had some direction, I am sure I could be a loud enough voice." No charges have been filed yet in the case, according to the AP/Times Argus.

Cheryl Hanna, a professor at the Vermont Law School, said that fetal homicide laws nationwide have changed in recent years and that they have, in some instances, been invoked during debates over abortion rights. Hanna said, "Pro-life advocates have seen passing fetal homicide laws as the basis for undermining Roe v. Wade." She expressed doubt that the Vermont Legislature, which she described as one of the most supportive of abortion rights nationwide, would change the law. Hanna said, "Having said that, the loss to Mrs. Blair is no less significant and real to her," adding, "It's a shame that there's not a very good way for the law to legitimately recognize the loss to her."

On Thursday, Vermont Senate Judiciary Committee Chair Richard Sears (D) said the committee has not dealt with the issue during the 18 years he has served on the panel, adding, "It's something we'd consider" (Ring, AP/Barre-Montpelier Times Argus, 8/13).

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