Many politicians run on platforms proclaiming that abortion is murder. They scream and shout, point fingers, and join hands with ministers as though they are on the side of protecting the rights of the unborn child. They argue that anyone who doesn’t protect the rights of the unborn child should be put in the penitentiary for life, and thereafter sent to Hell for eternity. They argue that life begins at conception, and thus, the unborn child has equal rights to live, just like the rest of us. As the father of triplet children, who had the choice of aborting some of the fetuses and chose not to do so, I agree that abortion is not the answer. I believe we must zealously guard the rights of unborn children.
What fascinates me, however, is the hypocrisy of most of the politicians and Judges who clearly place the rights of the big business medical and insurance industry– who fund their campaigns– far ahead of the rights of unborn children. Did you know that the Texas Governor, the Texas Legislature, and the Texas Supreme Court have all chosen to DENY unborn children any rights whatsoever if they are the victim of medical negligence, or even medical recklessness? This includes clear cut cases in which a doctor’s reckless malpractice kills an unborn fetus. The legislature expressly exempted doctors, hospitals and their insurance companies from liability, regardless of the circumstances. Why? The majority of those in power in our Texas legislature, without exception, proclaim they are in favor of the rights of the unborn, and argue that these unborn children should have the same right to life as you and me. Governor Perry signed the exemption bill into law in 2003. (See, the Texas Wrongful Death Act, See Tex. Civ. Prac. & Rem.Code § 71.003(c)(4).) Why? He proclaims to be a champion of the rights of the unborn.
What’s more, the Texas Supreme Court had the power to strike down the liability exemption given to reckless doctors and their insurance companies. That is why they are there, to protect even the smallest of people against oppression. Each member of the Court when they take office place their hand on the Bible and give an oath that they will uphold the United States and Texas Constitution which mandates that “The State cannot… deny to any person … the equal protection of the laws.” The Court, consisting of Judges known to side with the Big Business Medical and Insurance Industry Contributors stated, “The Legislature may therefore extend wrongful death and survival causes of action only to persons that are born live without violating the federal Equal Protection clause.” It further held, “…that the wrongful death and survival statutes do not violate the Equal Protection Clause by prohibiting parents of a stillborn fetus from bringing claims under them.” Fort Worth Osteopathic Hospital vs. Reese, 148 S.W. 3d 94 (Tex 2004). Thus, doctors, hospitals and their insurance companies are immune from liability, regardless of the circumstance. This means that the law now will not allow you to sue a doctor, who was intoxicated or messed up on drugs, and as a result kills the fetus that has a beating heartbeat in the womb. There are no exceptions. And the liability protection given to reckless doctors applies, any time prior to live birth. Thus, if the fetus is killed by medical recklessness at 9 months, the fetus has no rights. The fetus has less rights than a $2.00 rag doll that is negligently destroyed by a careless patron at the local toy story. Only the negligent doctor and insurance company are protected.
I ask you, are these Judges on the Supreme Court, and these politicians across our land being honest with you when they say they care about the rights of unborn children? Are they really pro-life and in favor of protecting the fetus, or not? What we do know is that when it comes time to choose between the rights of these helpless unborn children, and those who fill their campaign war chest, they choose to protect the reckless medical provider and insurance company over the child.
Where do you stand?
