The real reason for the bill, however, is not to punish persons who cause such injuries, but to advance fetal rights. This is the first time that Congress has considered federal "fetal protection."
Sponsors Rep. Lindsey Graham (R-SC), Chris Smith (R-NJ), and Charles Canady (R-FL) are hardcore reproductive rights opponents. None of the sponsors of H.R. 2436 are co-sponsors of the Violence Against Women Act (VAWA 99, H.R. 357) which would help protect women from violence. A woman should be able to carry her baby to term without the threat of violence, but the best way to protect the fetus is by protecting the woman. We call on Reps. Graham, Smith and Canady to support re-authorization and full funding of the Violence Against Women Act (H.R. 1248) if they really intend to protect women from violence.
In our recent Urgent Action Alert, NOW erred in
listing findings from a similar bill that would profoundly undermine a
woman's right to abortion ("findings" explain the sponsor's thinking behind
a given bill and are sometimes used by judges in deciding cases). H.R.
2436 does not contain those findings, but repeatedly refers to fetuses
as "unborn children." Sponsors this bill are relying on the sympathy people
would naturally have for violently injured pregnant women to advance their
anti-reproductive rights agenda of having a fetus recognized in law as
an autonomous person. That legal definition would ultimately enable the
government to prosecute women who undertake any activity that would harm
their fetus.