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UPDATE: NC becomes 36th state with fetal rights protection law
Yesterday, I posted a discussion of the legal conflict between laws permitting abortion and the fetal homicide laws that 35 states have passed classifying the killing of an unborn child as murder–unless committed as a consensual abortion. Surprisingly, it seems that no one has yet brought this conflict to the court system as a violation of the Equal Protection Clause of the 14th Amendment. See post here.
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The measure Perdue signed on Friday doesn’t apply to legal abortions but does convey legal status upon fetuses unable to survive outside their mother’s womb.
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The law allows prosecutors to charge someone with murder equal to the highest felony grade in North Carolina for causing the death of an unborn child, punishable at most by life in prison without parole. Other counts can include second-degree murder, voluntary and involuntary manslaughter.
In North Carolina, as elsewhere, an unborn child killed by a gangbanger is now a murder victim, but killed by an abortionist he or she is merely medical waste. Again, the 14th Amendment:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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