[Pflienews] PharmFacts E-News Update: TX court defines preborn as "person"

[PFLI PharmAid Center]

*PharmFacts E-News Update -- 30 Nov 2008 AD

*
http://www.lifesitenews.com/ldn/2008/nov/08112703.html
 


      *Texas Court Ruling on Murder Case Defines Preborn Child as "Person"*

By Kathleen Gilbert

HARRIS CO., Texas, November 27, 2008 (LifeSiteNews.com) - A Texas 
appellate court has upheld its ruling that affirms the personhood of an 
unborn child who was murdered along with its mother.

Jacob Eguia, who was convicted of the capital murders of a woman and her 
nearly eight months gestation unborn child, challenged the court's 
ruling on several points.  He argued that finding him guilty of the 
unborn child's death violated the Establishment Clause of the U.S. 
Constitution and Art. I, Sec. 6 of the Texas Constitution, which bars 
giving preference by law to a religion.

In the Texas Penal Code, as the court noted, "'Person' means an 
individual," and "individual" may refer to "an unborn child at every 
stage of gestation from fertilization until  birth"; and "'death' 
includes, for an individual who is an unborn child, the failure to be 
born alive."

According to the court's published opinion, Eguia complained that "the 
State's definition of 'individual' 'has the effect of endorsing religion 
as it is based solely upon a religious belief that life begins at 
conception.'"

Justice Elsa Alcala concluded that, because a statute does not violate 
the Establishment Clause when serving a secular purpose, "the definition 
of 'individual' serves the State's legitimate secular interest in 
protecting unborn children from the criminal acts of others."

The court also cited precedent to affirm that, "a statute is not 
automatically rendered unconstitutional simply because it advances 
ideals that harmonize with religious ideals."

In addition, Eguia argued that under such a statute abortion 
practitioners would also be guilty of murder, but the court noted that 
earlier legislation had already "narrowed the class of murderers who may 
be charged by specifically excluding 'conduct committed by the mother of 
an unborn child' and 'a lawful medical procedure performed by a 
physician ... with the requisite consent, if the death of the unborn 
child was the intended result of the procedure.'"

To view the court document in full, go to: 
http://www.1stcoa.courts.state.tx.us/opinions/PDFOpinion.asp... 
<http://www.1stcoa.courts.state.tx.us/opinions/PDFOpinion.asp?OpinionId=86058>

See related LifeSiteNews.com articles:

Top Texas Court Upholds Double Murder Conviction in Deaths of Unborn Twins
http://www.lifesitenews.com/ldn/2008/feb/08021302.html

Texas Court to Prosecute Woman for Delivery of Cocaine to her Unborn Child
http://www.lifesitenews.com/ldn/2004/sep/04090907.html


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