http://fellowshipoftheminds.com/2013/03/10/arkansas-the-pro-life-state-another-pro-life-victory/ Sun, 10 Mar 2013 18:55:35 +0000 joandarc
Senator Jason Rapert, R-Conway, Arkansas, drafted the nation’s most restrictive abortion law, SB134, known now as Act 301 of 2013. Senator Rapert’s legistlation requires a woman seeking an abortion 12 weeks or later into a pregnancy, to undergo an abdominal ultrasound to check for a fetal heartbeat. If a heartbeat is detected, then the fetus is viable and the abortion is prohibited. However, this legislation includes exceptions for pregnancies resulting from rape or incest, medical emergencies and fetal anomalies that would prohibit the child to live after birth. It also provides that if a doctor is found guilty of violating this law, that the doctor would lose his/her medical license.
The House voted 68-20 in favor of the bill and the Senate voted 26-8 in favor of the bill. Governor Mike Beebe, a Democrat, vetoed the bill stating in a letter that it “would blatantly violate the United States Constitution.” In spite of his veto, last week the House and Senate overrode the gubernatorial veto. This law takes effect 90 days after the end of this legislative session, either in late March or early April of 2013. The Arkansas Legislature also overrode Governor Beebe’s veto on The Pain-Capable Unborn Child Protection Act, HB1037, sponsored by Rep. Andy Mayberry of Hensley, Arkansas, which also became law in Arkansas on February 28, 2013. This law precludes abortions at 20 weeks, the point at which a fetus is capable of feeling pain.
Has the Governor forgotten that the substance of the United States Constitution and its very purpose provides to protect the lives, liberty and pursuit of happiness of humankind? Accordingly, since the fetus is a real child, a human being, that life is protected by this legislation. How, then could it be unconstitutional? The Governor’s interpretation of the Constitution lacks merit, since the object of the legislation is to protect life, especially for the unborn, the most vulnerable, who have no voice of their own.
Senator Rapert indicated that people are speaking to him about this legislation all across the country, that he has been flooded with e-mail communications and telephonic communications as well, in support of this law. Nevertheless, he has also received disparaging communications, including threats.
The ACLU indicated that this law is the most restrictive law in the country, expecting and predicting that the law will be challenged in the courts. Gov. Beebe is also concerned about the cost of defending these challenges, which concern also contributed to his decision to veto the bill. I say that this is a very poor reason not to protect the life of a little baby, an innocent human being, who deserves to have his or her life protected.
In any event, congratulations to the Legislature of the State of Arkansas for its bold and courageous preservation of the unborn human being who deserves life, liberty and the pursuit of happiness! We have seen how Republicans and Democrats can work together for goodness! We thank Senator Jason Rapert for his bravery, determination and clarity; he is a true American hero, deserving of our admiration, continued support and prayers!
Thanks be to God!
Update (May 17, 2013):
Today, a federal judge, U.S. District Judge Susan Webber Wright, granted a request to temporarily block enforcement of the new Arkansas law that bans most abortions 12 weeks into a pregnancy. The request was a motion for preliminary injunction in a lawsuit that the American Civil Liberties Union of Arkansas and the Center for Reproductive Rights brought on behalf of two Little Rock abortion providers. (Source)
Wright first came to national attention when she dismissed the sexual harassment lawsuit brought by Paula Jones against President Bill Clinton in 1998. Wikipedia describes her as a “conservative Republican.”
Thank you Dr. Eowyn for this update. In the “Times Record” on Saturday, Judge Wright is quoted as follows:
“What we are doing is a balance between a due process right of a pregnant woman to have an abortion before her fetus is viable and the right of the state to protect the lives of the unborn.” Judge Wright further stated that she does “not disagree with those of you who think abortions should be rare.” She indicated that she did not think some provisions of the new law – requiring a doctor to determine at 12 weeks whether the fetus has a heartbeat, informing the mother of that heartbeat and telling her of the statistical probability of carrying the fetus to full term were unconstitutional.