Nebraska Bill Could Legalize Killing Abortion Docs

Written by FrumForum News on Thursday February 24, 2011

Mother Jones reports:

Just when abortion rights supporters thought they had beaten a controversial bill they believe would legalize the killing of abortion providers, it has cropped up again—this time in a more expansive form that has drawn the concern of law enforcement officials.

Last week, South Dakota's legislature shelved a bill, introduced by Republican state Rep. Phil Jensen, which would have allowed the use of the "justifiable homicide" defense for killings intended to prevent harm to a fetus. Now a nearly identical bill is being considered in neighboring Nebraska, where on Wednesday the state legislature held a hearing on the measure.

The legislation, LB 232, was introduced by state Sen. Mark Christensen, a devout Christian and die-hard abortion foe who is opposed to the prodedure even in the case of rape. Unlike its South Dakota counterpart, which would have allowed only a pregnant woman, her husband, her parents, or her children to commit "justifiable homicide" in defense of her fetus, the Nebraska bill would apply to any third party.

"In short, this bill authorizes and protects vigilantes, and that's something that's unprecedented in our society," Melissa Grant of Planned Parenthood of the Heartland told the Nebraska legislature's judiciary committee on Wednesday. Specifically, she warned, it could be used to target Planned Parenthood's patients and personnel. Also testifying in oppostion to the bill was David Baker, the deputy chief executive officer of the Omaha police department, who said, "We share the same fears...that this could be used to incite violence against abortion providers."

Baker's concern is well-grounded: Abortion providers are frequent targets of violent attacks. Eight doctors have been murdered by anti-abortion extremists since 1993, and another 17 have been victims of murder attempts. Some of the perpetrators of those crimes, including Scott Roeder, the murderer of Wichita, Kansas, abortion provider Dr. George Tiller, have attempted to use the justifiable homicide defense at their trials. Several of the witnesses at Wednesday's hearing cited Tiller's murder as a case where a law like the one Christensen introduced could have come into play.

For his part, Christensen insisted that his measure is not intended to target abortion providers. Like Jensen, Christensen claimed that his bill is merely meant to allow pregnant women to defend their unborn children without fear of prosecution. "LB 232," he said, "is really nothing more than an attempt to make sure a pregnant woman is not unnecessarily charged with a crime for using force to protect her unborn child from someone who means to bring harm to her unborn children."

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