Alabama Supreme Court Rules 'Unborn Children Are Human Beings'

The State of Alabama has ruled that unborn children are human beings, after proceeding with a wrongful death lawsuit against an OB/GYN accused of contributing to the death of a woman's unborn child, reports Christian News. This marks a groundbreaking advance in the rights of the unborn.

Kimberly Stinnett experienced abdominal cramping and fever early in her pregnancy and was told to go to the emergency room. As she had experienced an ectopic pregnancy in the past, the doctor who saw her, Karla Kennedy, was concerned that the situation might be recurring. Kennedy had been standing in for Stinnett’s regular physician that day.

“In light of the legislative recognition that a ‘person’ includes an ‘unborn child in utero at any stage of development, regardless of viability,’ we do not believe that probable progression to viability is the appropriate relevant proximate-cause inquiry in this case,” the ruling read. “Rather, we hold that, in order to establish proximate cause, Stinnett was required to show that Dr. Kennedy’s actions probably caused the death of the fetus, ‘regardless of viability.'”

“An ultrasound performed in the emergency room revealed intrauterine fluid in the endometrial cavity that could be a gestational sac, but there was no evident yolk sac, fetal pole, or cardiac activity,” Friday’s ruling noted.

Kennedy administered methotrexate, which the court noted is “intended to cause the end of the pregnancy.” However, Dr. William Huggins returned, he conducted an ultrasound, which “showed that what had previously been suspected to be an intrauterine gestational sac had, in fact, progressed to a ‘definite yolk sac.'” He concluded that she rather had an intrauterine pregnancy after all, which was now failing, possibly as the result of the methotrexate.

“Based on our previous holdings …, we hold that the trial court erred in dismissing Stinnett’s claim alleging wrongful death based on the death of her pre-viable unborn child,” it concluded. “Nor do we find that Dr. Kennedy was due a summary judgment on thewrongful-death claim on lack-of-proof-of-causation grounds or that the judgment of the trial court is due to be affirmed on the basis of the doctrine of collateral estoppel.”

“Members of the judicial branch of Alabama should do all within their power to dutifully ensure that the laws of Alabama are applied equally to protect the most vulnerable members of our society, both born and unborn,” said Judge Thomas Parker.