105TH CONGRESS
1ST SESSION
H. R. 641

To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person from the moment of fertilization.

IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 1997

Mr. HUNTER (for himself, Mr. BACHUS, Mr. BARCIA, Mr. BARR of Georgia, Mr. BARTLETT of Maryland, Mr. BARTON of Texas, Mr. BUNNING, Mr. BURTON of Indiana, Mr. COBURN, Mr. CRANE, Mr. DICKEY, Mrs. EMER-SON, Mr. FORBES, Mr. HANSEN, Mr. HILL, Mr. HOEKSTRA, Mr. INGLIS of South Carolina, Mr. LEWIS of Kentucky, Mrs. MYRICK, Mr. PAPPAS, Mr. PETRI, Mr. PITTS, Mr. SMITH of New Jersey, Mr. STEARNS, Mr. TAYLOR of Mississippi, and Mr. YOUNG of Alaska) introduced the follow-ing bill; which was referred to the Committee on the Judiciary

A BILL

To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person from the moment of fertilization.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 1. SHORT TITLE.

This Act may be cited as the ‘‘Right to Life Act of 1997’’.

SEC. 2. RIGHT TO LIFE.

To implement equal protection for the right to life of each born and preborn human person from the moment of fertilization, and pursuant to the duty and authority of the Congress, including Congress’ power under Article I, Section 8, to make necessary and proper laws, and Congress’ power under section 5 of the 14th article of amendment to the Constitution of the United States, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being at fertilization.

SEC. 3. DEFINITION OF ‘‘STATE’’.

John Kozlowski

Three ways to examine this question are scientifically, theologically, and legally.

From the scientific perspective, all that is necessary for a human being to survive is food, water, oxygen, and a hospitable environment. This is true for the first day after fertilization, the first day after birth, or the first day after turning eighty years old. Deny any of the four long enough and a person will die. All the mother is doing for her unborn child is providing those four things. The child is developing by itself. In-vitro fertilization has demonstrated that one can take an egg from woman A and fertilize it with sperm from man B in a dish, then implant the fertilized egg in woman C. Woman C will then give birth to a child that is in no way her own, but the child of woman A and man B. This new life started at fertilization.

From the theological perspective, Psalm 51:5 reads "Surely I was sinful at birth, sinful from the time my mother conceived me." Rocks do not sin. Tomatoes do not sin. People, and only people, sin. When I was born into the world, I was sinful. When I was conceived, when I was just a single cell, the union of two, I was sinful. I was sinful, because my life had begun.

From the legal perspective, it comes down to what the legislature decides to enact as law.

We have had two recent cases where a mom gave birth to a child then disposed of it in a trashcan at a prom or in a hotel dumpster. These women simply used a method of disposing of their child by giving birth, rather than a more expensive late term abortion, such as a Partial Birth Abortion. Those that believe in the right to Partial Birth Abortion should allow this form of infanticide since it is cheaper.

However, I believe that when the Declaration of Independence says "...all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life..." it applies to all, not some. When the Supreme Court said in the Dred Scott decision that slavery was legal, they were wrong. It took a Constitutional Amendment to overturn the decision.