Why the Republican Platform, not Repudiated by Romney, Would Destroy Women’s Rights: Part I

            The Republican platform contains two sentences that would spell the end of women’s rights. The hidden threatening consequences of these two sentences must be exposed.

            These two sentences advocate equal rights for fetuses. The platform states, “We support a human life amendment to the Constitution and endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children.” The Fourteenth Amendment provides that a state may not “deny to any person within its jurisdiction the equal protection of the laws.” The platform also states that “the unborn child has a fundamental individual right to life which cannot be infringed.” These words have been there and repeated since 2004. They will continue to be repeated if their implications are not fully exposed.

These words have been misinterpreted to merely state an opposition to all abortions. But giving equal rights to fetuses is much more devastating than that. You cannot give equal rights to fetuses without taking away the rights of those who carry fetuses--or who unknowingly might be carrying fetuses--within their own bodies.

Giving equal rights to fetuses support the following shocking consequences:

            Consequence 1: All states have laws that protect the health of children to the extent that state agencies may remove a child from the parents if the appropriate state agency determines that the parents are abusive or the parental home is not in the best interests of the child. But what if that “child” is a fetus? The Republican’s position gives the fetus the same rights and protections as a child. The platform would empower the state agency to do what it can to protect the fetus, just as the agency is already empowered to do what it can to protect a born child. Thus, a state agency could determine that the best interests of a viable fetus require that it be removed from the pregnant woman against her will, and handed over to medical personnel and foster care. This might occur, for example, if the pregnant woman does anything that might increase the probability of harm to the fetus, such as taking illegal drugs, having unprotected sex, drinking heavily or not eating well.

            Consequence 2: If a fetus does not survive, and that failure to survive can be attributed to any behavior of the woman who carried it, the woman could be prosecuted for causing the fetus’ death. This could result in charges ranging from manslaughter to first degree murder. Part II of this two-part series will give a real example of such an occurrence.

            Consequence 3: Since conception cannot be immediately determined, every woman of child-bearing age would have to be treated as a potential carrier of a fetus. To protect the equal rights of this potential fetus, the state not only would have to monitor the sexual activities of every woman of child-bearing age to see if she might be pregnant, it also would have to require her to behave in certain ways so as not to harm the fetus that might be within her--whether or not she is actually pregnant. If a woman failed to behave in those prescribed ways and happened to get pregnant and the fetus did not survive, she would be subject to Consequence 2.

            In short, the consequences of the Republican platform’s position would potentially lead to placing all women of child-bearing age, not just pregnant women, under governmental surveillance and control. Thus, this extreme “pro-life” position would destroy the equal rights of women. This is a threat to women’s rights that must not be glossed over or ignored.

          We must all take notice and do what we can to expose these consequences of the Republican platform. We cannot have democracy without equal rights for women. Giving equal rights to fetuses would destroy women’s rights and thereby destroy a necessary component of democracy.

          Where does the Republican presidential candidate Mitt Romney stand on this issue? Given that he has not repudiated this part of the Republican platform, it must be assumed that he supports it. That would be a significant danger were he to become President.

          Even if President Obama wins the election, we must not forget that the continuing presence of this part of the Republican platform will remain a lurking threat to women’s rights. Imagine what would happen if the Republicans controlled the Presidency and both houses of Congress, and the Supreme Court. Fetuses would have equal rights, and women would suffer the consequences.