April 19, 2001: The Unborn Victims of Violence Act - Call your Congressman and Senators to Oppose

Dear Friends,

Background:

Anti-choice lawmakers are waging yet another battle over reproductive freedom with the introduction of legislation that would create a new and separate offense to punish anyone who injures or causes the death of a fetus during the commission of certain federal crimes.

The bill, H.R. 503 and S. 480, was drafted with the assistance of the National Right to Life Committee and introduced by Sen. Mike DeWine (R-OH) and Rep. Lindsey Graham (R-SC). It would be the first federal law to recognize a fetus at any stage of development, from conception forward, as an independent "victim" of a crime with legal rights distinct from the woman who has been harmed by a violent criminal act.

Although proponents claim that this bill is intended merely to punish violent offenders, it is in reality a dangerous attempt to separate a woman from her fetus in the eyes of the law. Such separation is the first step toward eroding a woman's right to determine the fate of her own pregnancy and to direct the course of her own health care. It is no accident that anti-choice lawmakers rejected proposals that would appropriately punish violence against women without undermining reproductive freedom.

Talking Points:

The "Unborn Victims of Violence Act" is inappropriate and dangerous. A criminal act that causes a miscarriage or interrupts normal fetal development is a tragedy that is worthy of redress. But this bill is an inappropriate method of punishing such violence because it seeks to endow the fetus with legal rights distinct from the woman who has been injured. This unprecedented elevation of the status of a fetus in federal law erodes the very foundation of the right to choose abortion.

The sponsors of this legislation do not aim to protect women. Proponents of this legislation rejected approaches that would have punished violence against women -- including violence that causes the loss of a pregnancy -- without creating new fetal rights. It is no accident that anti-choice groups have drafted and circulated similar legislation all across the country. The proponents of this bill have built their careers around banning abortion. This bill is part of that agenda.

Increased penalties under existing laws are a better way to punish criminal acts that harm pregnant women. Instead of creating a separate offense, the law should enhance the penalty when a criminal act results in harm not only to a pregnant woman, but to her pregnancy. Only then will the legislation focus the criminal law where it should be: on the particularly devastating loss or injury to the woman that occurs when her pregnancy is compromised. North Carolina legislators recently took just this approach, adopting new legislation that was strongly supported by the ACLU and other pro-choice advocates.

Timeframe:

A floor vote is expected to occur in the House next week. While we expect to once again lose this vote, we are gearing up for a battle in the evenly divided Senate. Without the threat of a presidential veto, getting members with mixed choice records to vote the right way will take work.

It is essential that we defeat this dangerous attempt to separate a woman from her fetus in the eyes of the law.

Action:

Contact your Congressperson and Senators Bill Frist and Fred Thompson and tell them to oppose the bill. Please let us know what you hear from your legislators.

Many thanks.
Hedy Weinberg, Executive Director