An Alabama county court recognized an aborted fetus as a plaintiff in a lawsuit Tuesday, opening a new chapter in the fight for reproductive rights in the United States.
Madison County probate court Judge Frank Barger allowed Ryan Magers to name the fetus his girlfriend had aborted as a co-plaintiff in his case against Alabama Women’s Center.
The judge’s decision to establish an estate for the fetus, allowing the suit to move forward, came four months after the passage of Amendment 2 by voters in a state referendum last November. The law, which passed by 18 percentage points, gives fetuses the same legal rights held by a person under the state constitution.
Women’s rights advocates on social media slammed the decision, noting that it was perhaps the first time in U.S. history a fetus was named as a co-plaintiff in a case.
An Alabama probate judge just opened an estate for an aborted fetus. It’s the rest time this has happened in the country and opens the door for partners to sue to block abortions, among other things #TeamLegalhttps://t.co/YX8rTPF40h
— Jessica Mason Pieklo (@Hegemommy) March 5, 2019
An Alabama man is mad that his girlfriend got an abortion against his wishes, so he’s suing the clinic. How did the county respond? By declaring the aborted embryo (she was just 6 wks pregnant) a person with legal rights https://t.co/pOcFdNAQpy
— Jessica Valenti (@JessicaValenti) March 5, 2019
As NARAL Pro-Choice America President Ilyse Hogue wrote on social media, the “very scary case” asserts that a “woman’s rights [are] third in line,” after those of a man who impregnates her and the fetus she aborts.
Breaking: Alabama allows a suit from man AND fetus against abortion clinic where his girlfriend terminated her pregnancy. First under Alabama’s new personhood law, asserting woman’s rights third in line. Very scary case. https://t.co/xXCSyJN3AQ
— ilyse hogue…