An ill-conceived measure

On March 8, Utah Gov. Gary Herbet signed into law a bill that redefined the legality of abortion in the state. The measure was an attempt to prevent planned miscarriages by making the act a felony and opening the doors for prosecutors to pursue a murder charge.

While the intent of the bill is to ensure that criminal homicide penalties apply in cases in which a fetus is harmed, the language of the measure is so broad that a woman who has a miscarriage could still be charged with homicide. This is not just an affront to proponents of abortion; it puts unwitting women in danger of becoming murderers.

This overreaching abortion bill was inspired by the case of a pregnant 17-year-old girl who hired a man for $150 to beat her up in hopes it would prompt a late-term miscarriage. The man was charged with second-degree felony attempted murder, but the girl was set free by the judge because her actions were covered under the state’s abortion laws.

This caused uproar from conservative lawmakers in Utah who wanted to see the girl held responsible for her attempted miscarriage. In most states the attacker is held responsible for the death of an unborn fetus, but this law will change that for Utah. Now the woman herself can be prosecuted for the death of her child.

Many opponents of the bill claim that women who go back to their abusive partners will now be held responsible if they have a miscarriage due to abuse. Utah lawmakers scoff at the claim, but it still remains a very real threat to rights of women in the state.

The bill’s biggest shortcoming is the fact that it attacks the wrong issue. Utah lawmakers are shortsighted in thinking the inherent problem is the fact that a 17-year-old was not punished for her actions. The real problem is that a 17-year-old thought her only option was to have a miscarriage. If Utah doesn’t want to see this situation repeat itself, then it should set up counseling and intervention resources, not incarceration and criminal penalties.

It appears this bill has less to do with fixing the legal system and more to do with strengthening a pro-life agenda in Utah. Republication state Rep. Carl Wimmer told ABC, “ ... I ran this (bill), because I’m pro-life and anti-abortion and I’m doing everything in my power to restrict abortions in Utah.”