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Series

2006

Law and Gender

Abortion

University of Colorado Law School

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Full-Text Articles in Law

Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey Jan 2006

Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey

Articles

The worst problems with the fetal homicide laws that have proliferated around the nation are quite different than the existing scholarship suggests. Critics often argue that the statutes, which criminalize the killing of a fetus by a third party other than an abortion provider, undermine a woman's right to terminate her pregnancy. This concern is overstated. Although supported by anti-abortionists, many of the fetal homicide laws embody the perspective of the so-called "abortion grays," who eschew the absolutism of the doctrinaire pro-choice and anti-abortion camps. This Article explores how a contextual view of life-taking allows us to reconcile legal ...