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Alabama Judge to Determine Future of Father’s Rights in Case of Plaintiff Who was Aborted

Posted on 7/25/19 at 10:13 am
Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 7/25/19 at 10:13 am
quote:

Madison County Judge Chris Comer heard from both sides in the "Baby Roe" abortion case on Wednesday. He will decide if the landmark lawsuit should continue.

Ryan Magers is suing the abortion clinic in Huntsville over his girlfriend's abortion in 2017. On Wednesday, Judge Comer told both sides to submit orders with their arguments in writing of why they believe the case should continue or be tossed. He will make a decision within 14 days of receiving the orders.

The two sides were present for a motion hearing after the defense, the Alabama Women's Center in Huntsville, filed a motion to dismiss the complaint. The plaintiff, Ryan Magers, wants the clinic held responsible for providing an abortion he never wanted his girlfriend to have. His team argues the unborn fetus, called "Baby Roe," deserved to live and the termination was a wrongful death.

"That unborn child possessed a constitutional right to life, to due process, and to equal protection under the laws," Magers attorney, Brent Helms, said.

In March, a probate judge granted "personhood" to Baby Roe, giving him or her rights. Magers was given the estate. Helms claims that decision marks the first time it's happened in the country, and those rights include life, something the abortion clinic took away.

Magers initially filed suit both as an individual and as the representative of Baby Roe, but on Wednesday, he had to choose one or the other. Magers was removed as an individual plaintiff and now only represents the unborn child.

"So, for the first time in the history of America, the aborted child has been able to move forward with this case," Helms said.


LINK

The Great State of Alabama is the only state putting their money where their mouth is. Murdering children whether in a clinical setting or not is still murder. For you idiots out there a heartbeat is the line that determines murder.
Posted by 50_Tiger
Dallas TX
Member since Jan 2016
40110 posts
Posted on 7/25/19 at 10:16 am to
Finally, we will find out how much power women really have with this.

It takes TWO to make a kid.
Posted by dawgfan24348
Member since Oct 2011
49299 posts
Posted on 7/25/19 at 10:16 am to
Abortion does not equal murdering children but spin away
Posted by Centinel
Idaho
Member since Sep 2016
43341 posts
Posted on 7/25/19 at 10:18 am to
quote:

Abortion does not equal murdering children but spin away


It does if you believe human life begins at conception.

Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 7/25/19 at 10:18 am to
this turn of events is inconsistent with more than 1000 years of Anglo American jurisprudence, but it is entirely consistent with the views of American social conservatives. It will be interesting to watch it play out.
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5715 posts
Posted on 7/25/19 at 10:19 am to
quote:

Abortion does not equal murdering children but spin away


The difference is merely a matter of definitions. The same physical act would kill any child if done to them.
Posted by Centinel
Idaho
Member since Sep 2016
43341 posts
Posted on 7/25/19 at 10:19 am to
quote:

this turn of events is inconsistent with more than 1000 years of Anglo American jurisprudence


How so?
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 7/25/19 at 10:20 am to
quote:

quote:

this turn of events is inconsistent with more than 1000 years of Anglo American jurisprudence
How so?
Earliest cases about the alleged Rights of an unborn child arose related (not surprisingly) to issues of inheritance. For a variety of very good reasons, the law developed that no such rights existed.

imagine that a Man with a wife and one child in medieval England got the scullery maid pregnant. She was hit by a carriage three months later, killing both her and the fetus.

The man dies several days later. The family of the scullery maid sues claiming that they are entitled to 1/2 of his estate, because they are the natural heirs of the unborn fetus of the scullery maid ... One of his two “children.“

His actual, born-and-raised child is screwed out of half his inheritance.
This post was edited on 7/25/19 at 10:36 am
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 7/25/19 at 10:21 am to
NOTHING IN THE LANGUAGE OR DESIGN OF THE CONSTITUTION PROTECTS THE RIGHT TO AN ABORTION. MOREOVER, the federal constitution is a FLOOR not a CEILING for the states and giving rights, we sure Aggie’s really an attorney here?
Posted by dawgfan24348
Member since Oct 2011
49299 posts
Posted on 7/25/19 at 10:22 am to
But if we're talking in instances rape or where the mother's life is in danger does that not muddy up the waters? Point is this was never a black and white situation.
Posted by Centinel
Idaho
Member since Sep 2016
43341 posts
Posted on 7/25/19 at 10:25 am to
quote:

Earliest cases about the alleged Rights of an unborn child arose related (not surprisingly) to issues of inheritance. For a variety of very good reasons, the law developed that no such rights existed.



No such rights existed for inheritance. This is a different subject.
Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 7/25/19 at 10:26 am to
quote:

But if we're talking in instances rape or where the mother's life is in danger does that not muddy up the waters? Point is this was never a black and white situation.


There should be ZERO exceptions for rape or incest.
Posted by idlewatcher
County Jail
Member since Jan 2012
79206 posts
Posted on 7/25/19 at 10:26 am to
quote:

Judge Comer questioned why the mother is not part of this case. The defense says she was granted anonymity.


Strange but true b/c the defense isn't the mother, it's the Women's Center.

Either way, the baby killer will be called in as a witness

Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 7/25/19 at 10:26 am to
quote:

No such rights existed for inheritance. This is a different subject.
Not if you are consistent.

not if “a life is a life.”
Posted by Centinel
Idaho
Member since Sep 2016
43341 posts
Posted on 7/25/19 at 10:27 am to
quote:

There should be ZERO exceptions for rape or incest.



You would force a woman to carry a child impregnated by her sibling against her will?

Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 7/25/19 at 10:28 am to
quote:

You would force a woman to carry a child impregnated by her sibling against her will?


Yes, a life is a life no matter how conceived.
Posted by Centinel
Idaho
Member since Sep 2016
43341 posts
Posted on 7/25/19 at 10:30 am to
quote:

Not if you are consistent.


I disagree. They are two different subjects. A discussion on a right to life is not the same discussion on a right to inherit property.

Posted by Centinel
Idaho
Member since Sep 2016
43341 posts
Posted on 7/25/19 at 10:30 am to
quote:

Yes, a life is a life no matter how conceived.



What of the mother's life?
Posted by 14&Counting
Eugene, OR
Member since Jul 2012
37653 posts
Posted on 7/25/19 at 10:30 am to
quote:

The plaintiff, Ryan Magers, wants the clinic held responsible for providing an abortion he never wanted his girlfriend to have.


This lawsuit will go nowhere
Posted by Flats
Member since Jul 2019
21797 posts
Posted on 7/25/19 at 10:33 am to
quote:

Abortion does not equal murdering children but spin away


That question aside, because it's not going to be settled here, are you OK with men having responsibility but no authority? A woman can abort the child or not; he has no say in the matter. If he has no say in the matter why shoudl he be held financially liable? He should be able to financially "abort" the child and a responsibility to let her know of his decision. If she wants to raise it without a meal ticket that's her decision, and we're all about choice, right? The man should get a choice too.
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