Alaska Representatives Christopher Kurka and David Eastman, both from Wasilla, have reintroduced a Life at Conception Act with the goal of directly challenging the 1973 U.S. Supreme Court decision in Roe v. Wade which declared a right to abortion.
Closely mirroring legislation Eastman introduced two years ago, House Bill 206 would establish that all persons from the moment of conception have a natural right to life, and are entitled to equal protection under the law. The legislation would outlaw abortion, including in cases of rape and incest, but does not criminalize situations where efforts to save a mother’s life result in the unintended death of a baby.
“The Declaration of Independence plainly declares: ‘all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life,’” Kurka said in a May 10 statement upon introducing the bill. “The Constitution of the State of Alaska is even more explicit: ‘all persons have a natural right to life,’ and “no person shall be deprived of life … without due process of law,’” he observed.
Essentially, Kurka’s argument is that the case for the legalized killing of the unborn has collapsed.
Kurka noted that the U.S. Supreme Court indicated in Roe v. Wade that if a fetus’ personhood is established, the whole case for abortion would collapse, for the unborn child’s right to life would then be protected by the 14th Amendment.
“With the quantum leap in technology and scientific understanding since 1973, it is impossible to defend the Supreme Court’s decision in Roe v. Wade,” Kurka’s stated. “It’s time to stop being science deniers, to move out of the dark ages and update our laws to reflect current scientific knowledge.”
He added that those who persist in claiming that an unborn child is not a human person are akin to “modern day flat-earthers” who have no respect for reason or science.
Kurka observed that with 3-D and 4-D ultrasounds, combined with scientific advancement in understanding of DNA and child development, “we are in a much more advantageous position to identify the child in the womb than the Supreme Court was in 1973.”
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Essentially, Kurka’s argument is that the case for the legalized killing of the unborn has collapsed.
“The only question left is whether we’re going to be honest with ourselves as a society, and summon the will and moral courage to do what we know is right,” he said.
Critics of outright abortion bans include some among the pro-life movement who believe demanding too much too soon would create a backlash. There is also fear that the U.S. Supreme Court might strike down abortion bans and deliver a setback to the pro-life movement. Many in this camp hold that an incremental strategy is more effective with the ultimate goal of eventually ending abortion.
While no state has successfully enacted and applied an abortion ban from the moment of conception, supporters of this approach believe that laws directly challenging Roe v. Wade are needed, even if their passage is a long shot. Taking this approach generates a public conversation wherein Christians can clearly articulate and defend the right to life from the moment of conception.
TAKING ACTION
- House Bill 206 has been referred to the House Judiciary Committee. Click here to contact committee members about scheduling it for a public hearing.