Alabama Supreme Court Affirms Personhood in Wrongful Death of Preborn Child Case

Denver, CO — 2-22-12 — Personhood USA is praising Alabama Supreme Court Justice Thomas Parker’s opinion in a DeKalb County case affirming the personhood of preborn children before viability. Judge Parker pointed to advances in medical technology as a reason to abandon the viability test established by Roe v. Wade.

When Amy Hamilton’s baby died in utero at three months gestation due to what she alleges was negligent medical care, she sued her doctors under the wrongful death statute. In a unanimous decision, the Court maintained Ms. Hamilton’s right to bring a wrongful death suit, challenging the practice of denying personhood rights to preborn babies under state law.

“Advances in genetics and related fields make clear that a new and unique human being is formed at the moment of conception, when two cells, incapable of independent life, merge to form a single, individual human entity,” wrote Justice Parker.

“This decision is similar to the courageous decisions issued by state judges prior to the Civil War, ignoring what was clearly the unjust precedent established by the Dred Scott case. These judges were foreshadowing the 13th and 14th Amendments just as Judge Parker is, today, foreshadowing a constitutional Personhood Amendment,” said Gualberto Garcia Jones, J.D., Legal Analyst at Personhood USA. “Even though this decision only affects Alabama law, we are thrilled to see a unanimous decision by a state Supreme Court affirming the personhood of all preborn babies.”

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