Nadenu wrote:
gbaji wrote:
Jophiel wrote:
Technically, all those things you mention are probably true.
Realistically, this is just an attempt to make abortion illegal and they won't give a shit about the "manslaughter" of smoking while pregnant.
Realistically, this is just an attempt to make abortion illegal and they won't give a shit about the "manslaughter" of smoking while pregnant.
Realistically, this only affects the choices of the mother. There's been precedent for some time now that actions taken by others which causes the loss of a pregnancy can result in manslaughter or similar charges.
When I was pregnant with Noah, I didn't know it until I was several months along (yes, it's possible to be pregnant and not realize it). I still smoked, drank some wine, had a lot of coffee. He's fine, but what if I had miscarried? Should I be blamed for not even knowing I was pregnant in the first place?
I think that a lot of the opposition cases are pretty speculative. What if the courts rule in a given way down the line? There's some common sense applications to even this law that don't turn out so draconian if you stop and think about it. When deciding cases like this, the courts tend to look at the reasonableness of the actions being taken and the expectation that they would result in the outcome. If you're walking down the street doing nothing unusual, and someone is distracted by you, runs a red light and kills someone, you aren't accountable for the result. But if you deliberately shine a light at the driver to distract him, causing him to lose control and kill someone, you are.
The intent of your actions and expectation of the outcome matters a lot. Since drinking and smoking are not unusual behaviors for someone who does not know they are pregnant, the court would have to hold you to an impossible standard to level such a charge against you. I think that's incredibly speculative and unlikely to occur even if this law does go through as written.
There's actually an interesting side point to this with regard to IVF. It may be that this law wont affect IVF at all, and may in fact actually help codify the harvesting of embryonic stem cells from the leftovers. Obviously, the law doesn't affect the fertilization of an egg and implantation of said egg. However, what about the left over embryos? It's quite possible (likely in fact) that the law would view those embryos the same way it would view any person on life support, since that's essentially exactly the state they are in. Now, whether the parents can terminate that life support gets sticky because the legal issue there is usually whether there's a reasonable chance that said person could recover and life a fully functional life in the future (that was the core issue in the Terry Schivo case IIRC). However, once the embryo has degraded to the point at which its no longer viable (or sooner depending on how future court rulings go), the legal precedent for donation of organs and whatnot of the deceased is pretty well set. A embryo is currently in a legal limbo state, but a "person" isn't. The remains of a person absolutely can be used for science if the person (or authorized guardian) wishes it.
Don't really have a pony in this race either way, but I do find the potential legal ramifications pretty fascinating. They aren't always what most people assume right off the bat.