Criminalization

You may have heard of extremists who are bent on punishing and criminalizing women. At least that’s a primary talking point of those who oppose ending abortion. What we are calling for is equal protection under the law.

According to the Missouri Constitution:

That all constitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their own industry; that all persons are created equal and are entitled to equal rights and opportunity under the law; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails in its chief design.

Mo. Const. Art. I, § 2

This right is recognized in Missouri’s constitution, yet it is selectively applied on a case by case basis. Currently, this only applies to the pre-born when they are wanted by their Mother. So there are those who have been convicted of murder of the pre-born in Missouri, but many, many more who have not. This inconsistency fails to hold the guilty accountable, denying justice to the most vulnerable.

Samuel Lee, the most influential Pro-life lobbyist in the state, has gone on record to state that he will not support a bill that holds women accountable for their actions. His official press release (regarding SB 391) included misleading statements like:

… if enacted into law, SB 391 would put a woman in prison if she had an abortion. And, if she is convicted under SB 391 of first-degree murder for the abortion, she would be subject to the same penalty as anyone else convicted of first-degree murder in Missouri.

A woman who was 18 years of age or older when she had the abortion and who is convicted of first-degree murder, would get a mandatory sentence of either death or imprisonment for life without eligibility for probation or parole.

A girl 12 years of age or older, but under 18 when she had the abortion, who is charged as an adult and convicted of first-degree murder, would not be subject to the death penalty, but rather would be sentenced to a term of life imprisonment without eligibility for probation or parole, life imprisonment with eligibility for parole, or not less than thirty years and not to exceed forty years imprisonment.

The current methods of imposing the death penalty in Missouri are by the administration of lethal gas or by means of the administration of lethal injection.

This horrific rebuttal fails to take some important factors into consideration.

1. Implementation is not retroactive. Women who have had abortions before cannot be prosecuted. Only after the law is enacted, would anyone be subject to prosecution. Probably very few would plan to knowingly murder their baby if they knew they could possibly face serious charges.
2. This bill does NOT single out women. It is not criminalizing women. It is criminalizing the act of abortion. The primary agent responsible for ending the child’s life would be accountable. 
3. This bill doesn’t auto-imprison anyone seeking to kill their child. It provides legal protection to pre-born children by conferring the same rights to them as post-born children. The same rules of presumption of innocence, due process, and trial by jury still apply. Is a politician or a lobbyist in the place of judge and jury?
4. The current methods of imposing capitol punishment on murder convicts pale in comparison to the current methods of performing abortion on innocent children.

Modern pro-life legislation has singled out persons who are not properly licensed, persons who are not properly trained, and various others to be prosecuted for ending the lives of unborn children. Mothers are granted total immunity.

This has resulted in widespread licensing and training, as well as drug induced home abortions. Now many states allow non-physicians to perform abortions. More than half of women obtained medication to procure an abortion in the comfort of their home, prior to 2021 with the explosion of Telehealth and overturning of Roe. Since then estimates are vary widely on how many abortions are done this way. Most states are no longer reporting surgical abortions, so we may be at a point where God only knows the death toll.

You may see infographics that seem to indicate abortion is becoming “rare”. These deceptive marketing tactics tend to manipulate statistics by using terms like “surgical abortions” or “elective abortions”, which are loosely defined and vary depending on context, and may make up a fraction of actual abortions. They are designed to keep funds coming in. And they work.

With current legislation, professionals are licensed to kill – but if they break the rules, the consequences could be anything from a verbal rebuke to losing their license. Or in some cases facing fines or rarely, some jail time. For them – it is not treated as manslaughter, but as unprofessional behavior. For mothers, there are literally no legal consequences and a multitude of benefits and freebies. For everyone else, well you may or may not be liable – depending. Certainly an argument can be made that continuing with the status quo may be the extremist position. Or at least the wrong position.

God tells us to establish justice. We have not done that. We have excused, and rationalized, and overlooked, and considered ourselves more merciful than God. We have stopped our ears and averted our eyes from the bloodshed on Missouri soil. We need to humble ourselves and look to God for the truth. His word is sufficient. He has shown us what is good and what He requires of us. The time to establish justice is now.