Crossposted from Stop The ACLU
The Supreme Court of Hawaii has ruled that unborn children are not "human beings," and therefore women cannot be prosecuted for causing the death of babies by harmful behavior during their pregancies.The unanimous decision overturns the manslaughter conviction of 32-year-old Tayshea Aiwohi, who was found guilty in connection with the death of her newborn son by smoking crystal methamphetamine shortly before his birth.
"I'm extremely happy and grateful," said Aiwohi. "I believe [the case] changed me into a better person and I just hope to share that with others."
So, responsibility goes out the window on this one. This irresponsible mindset is much too far reaching in today's American society. Taking responsibility for one's concious actions is fading fast. People need to realize that along with rights, comes responsibility, and with that responsibility our very rights and liberties hinge. Who takes responsibility for the death of this child? According to this court, no one.
Tayshea gave birth to her son, Treyson, July 15, 2001, but the boy perished within two days with high levels of methamphetamine and amphetamine in his system, according to the local coroner.The woman allegedly admitted to using the drugs for three days before the birth and took a "hit" on the morning her son was delivered.
In their ruling, the justices cited statutes noting a crime needed to be committed against "a human being." They declared since Treyson was not a "person" when Tayshea was smoking the drugs, she could not be prosecuted for harming the infant in her womb.
"The proscribed conduct must have been committed at a time when Treyson 'qualified' as a 'person,' defined by the Hawaii Penal Code as 'a human being who has been born and is alive,'" they wrote.
"It is so insane," Nancy Heisser of Grants Pass, Ore., told WorldNetDaily. "A little baby died, and the mother walks away scot-free. This is a travesty against this little one."
What kind of future impact will a ruling like this have? Under the new, federal Unborn Victims of Violence Act, people other than the mother who cause the death of an unborn child can face prosecution. If this had been a boyfriend who had kicked the woman in the stomach, or pressured the drugs on her, there might have been a conviction. But according to this court, we are not even talking about a human being, so what does it matter. This is one horrible decision after another. From the decision to drugs while pregnant, to the decision of the Court to hold no one responsible for this irresponsible death. I wonder if after the case was over, this woman went out for another hit.
