On The Front Lines
Rutherford Institute Testifies Before Virginia Legislature About Need for Fetal Homicide Legislation, Citing Growing State Trend
RICHMOND, Va. — Pointing out that 36 states recognize fetal homicide as a crime, and 35 states allow a civil cause of action for the wrongful death of an unborn child, attorneys for The Rutherford Institute offered testimony before the Courts of Justice Committee of the Virginia House of Delegates on the need for House Bill 1, which creates a civil cause of action for the wrongful death of unborn children.
“The clear national trend is toward greater legal cognizance of the agony suffered by parents when the unborn child they love is killed by the wrongful actions of a third party,” said John W. Whitehead, president of The Rutherford Institute. “Thus, the passage of House Bill 1 recognizing the civil cause of action would merely bring the Commonwealth into line with the majority of states that already do so.”
If adopted, House Bill 1 (HB 1) would create a civil cause of action for the wrongful death of an unborn child. Rutherford Institute attorney Rita Dunaway pointed out in her testimony that this exact legislation has been in effect in Missouri for over twenty years in the form of Missouri Rev. Stat. §1.205.1. The United States Supreme Court refused to entertain a legal challenge to that law in Webster v. Reproductive Health Services (1989), ruling that the statute had no impact on the practice of abortion. While some have suggested that passage of HB 1 would result in the banning of oral contraception or interference with women’s health care decisions, Institute attorneys insist that the bill is not a criminal statute but instead is a mere rule of construction that will inform the interpretation of statutes where the legislature’s intent is unclear, such as Virginia’s wrongful death statute, Va. Code Ann. § 8.01-50.
Most significantly, the bill would not in any way diminish or supersede the Commonwealth’s existing abortion statutes, so it could not possibly interfere with the use of oral contraception or with women’s health care decisions. Ample care has been taken to ensure that no unintended consequences would result from the legislation. Section 6 ensures that pregnant women will not become the subjects of lawsuits based on their activities during pregnancy. Abortion practices will continue to be governed by Va. Code Ann. § 18.2-71 et seq. and will be unaffected by the law. Section 7 of the bill specifically precludes it from interfering with assisted conception.
Finally, while there may be other means of creating a civil cause of action for the wrongful death of an unborn child (i.e., technical amendment of the wrongful death statute), Institute attorneys insist that it is essential from a human rights standpoint that any such cause of action be grounded on the stated principle that the unborn child is, in fact, a living human being. If this is not specified, it may be assumed that the cause of action is predicated on a property interest of the mother as opposed to the fundamental right to life of the unborn child as a distinct human being.
