Originally Posted by serial-thrilla
abortion should be legal in all cases. its a free country and its the mothers choice. who cares if its an innocent baby? its not a real person yet and it could interfere with the life of someone much more important.
I dare anyone to argue my legal debate on this matter. While I am morally opposed, there are several laws that come into conflict.
I draw on the case, Kurr v the State of Michigan. In this case, a woman pregnant with 4 non-viable (not able to live outside the mother) fetuses was attacked by her boyfriend. She wanted to keep her children, but her boyfriend wanted her to abort them. The boyfriend proceded to punch Kurr in the womb threatening that he would abort them in this manner. To protect her fetuses, she shot and killed her boyfriend.
This brings several laws into action. Self defense in Michigan is allowed only if the force used in defense is equal to or lesser than the force used against them. Also, a person may defend another person as long as the force used is equal or lesser than the force that they are facing. This means that if someone was about to be shot, a third party may kill the person who is about to kill the other.
Kurr used this defense as she was defending her fetuses as a third party. The boyfriend used deadly force against the fetuses, so she used deadly force against him. She won her case.
The law only states that you can protect a person using the defense of a third party defense. This ruling recognized the fetuses as people with all rights to life thereof.
If Kurr had lost her case, she would have been found to be using deadly force against a boyfriend who was simply assaulting her (he would have simply been hitting a ball of nonviable cells), and she would have been convicted of 2nd degree murder.
Here's the question- Should a mother not be able to protect her fetuses? If a mother can not because abortion laws define a fetus as non-viable, it creates a precident where boyfriends or husbands can force an abortion with only a misdemeanor crime of assault. If abortion is shot down, a mother is given full motherly protection of her fetuses with felony murder charges given to anyone who threatens their existance.
Debate that pro-choicers. I didn't even have to touch moral issues, which I could.
As always- None of my statements are evaluated by the FDA.
My advice is not intended to diagnose, treat, cure or prevent any diseases unless prescribed by a health practitioner. All information is provided for educational purposes only and should not replace the advice of your medical doctor.
(but your medical doctor will probably end up killing you