Historic lawsuit wins historic initial ruling

By Gualberto Garcia Jones, Esq.— If this case is successful, Alabama could punish abortion clinics and pharmaceutical companies under its wrongful death law to prevent them from continuing to profit from the killing of pre-born children…

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On February 6 of 2019, Personhood Alabama, an affiliate of the Personhood Alliance, in conjunction with the father of an aborted child, Baby Roe, filed a lawsuit against the Alabama Women’s Center in Madison County, Alabama, unnamed staff at the abortion facility, and an unnamed pharmaceutical company that had administered and manufactured the chemical used to kill his child. The lawsuit seeks damages intended to punish both entities for taking the life of an innocent pre-born child. Yesterday, a Madison County probate judge’s ruling recognized the right of Baby Roe’s father to sue as the personal representative of his deceased child.  This case is groundbreaking for several reasons:
  1. The state has recognized the father as an interested party (the personal representative of the estate of the deceased child).
  2. The case is being brought against both the clinic and the pharmaceutical company and if successful, could drive abortionists out of the state for fear of being sued.
  3. The case is also being brought under the wrongful death law of Alabama, which clearly recognizes the pre-born child as a person from the moment of conception.

Parental rights and responsibilities of fathers

In Alabama, as in the rest of the country, both biological parents are responsible to pay child support and can face severe penalties if they refuse to take financial responsibility. Usually, child support laws are used to force fathers to accept this responsibility, so many fathers have used legal abortion to avoid it. But what happens when a father wants to care for his child and the mother wants to abort? Currently, federal courts have ruled that a woman can choose to have the child killed through abortion for any reason, including economic reasons, but give the father no say in the matter. This is precisely what happened to the plaintiff in this case, Ryan Magers.

In early 2017, Ryan Magers’ girlfriend informed him that she was pregnant and that he was the father.  However, as much as he pleaded with her to keep the child, she insisted on abortion. On February 10, 2017, she proceeded to kill his child through a chemical abortion. In Ryan’s own words, he has brought this case for his child and “for the men who actually want to have their baby.”

Personhood of the pre-born child

Alabama has the strongest state-law precedents in the country when it comes to the rights of pre-born children. In a long line of cases, the Alabama Supreme Court has made clear that the pre-born child is a person and must be treated equally. In Hamilton v. Scott (2012), the Court held that the Alabama wrongful death law applied to pre-born children, not just after viability, but from conception. In the Ankrom, Hicks, and Kimbrough (2013-2014) cases, the Court held that, for purposes of the law that punishes exposing children to toxic drugs, the term “child” includes pre-born children. Just last year, in Phillips v. Alabama (2018), the Court ruled that the pre-born child is a person in the context of fetal homicide. In a concurring opinion to the majority opinion in Phillips v. Alabama, Justice Tom Parker (who is now Chief Justice) boldly called on the Supreme Court to overturn Roe v. Wade.

Wrongful death by abortion

In general, wrongful death lawsuits are meant to compensate family members of those who have been killed through negligent or intentional acts. In Magers’ case, the parties being sued are the abortion clinic and the pharmaceutical company that made the poison used to kill Baby Roe. Typically, only family members of the deceased are allowed to file a wrongful death case. However, in Alabama, wrongful death claims are further limited to the personal representative of the deceased person’s estate. While this could be a family member, only the estate is allowed to sue for wrongful death. Yesterday’s ruling recognized Baby Roe’s father as the personal representative of Baby Roe’s estate. This is important for two reasons:
  1. It recognizes that Baby Roe was a person with a claim for wrongful death by abortion.
  2. It recognizes that the father has the right to bring the case on behalf of his deceased pre-born child.

In most states, wrongful death lawsuits can take into consideration medical bills, lost earning capacity, and other factors, but in Alabama, wrongful death lawsuits are meant exclusively to punish the defendant for their wrongful behavior and to deter similar conduct by others. This means that, if this case is successful, Alabama law could punish abortion clinics and pharmaceutical companies under the wrongful death law to prevent them from continuing to profit from the killing of pre-born children.

As undercover videos of Planned Parenthood’s trafficking of aborted baby parts showed us in 2015, the driving factor of the abortion industry is their financial bottom line. A victory in this case would mean a severe blow where it hurts the abortion industry the most—their bank account.

Gualberto Garcia Jones, Esq., is the president of Personhood Alliance and is a licensed attorney in the Commonwealth of Virginia.

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20 comments on “Historic lawsuit wins historic initial ruling

  1. Carline Thurston says:

    Pray to make Roe v. Wade a thing from an ugly past. Pray for recognition of the unborn as persons throughout our country.

  2. Winona Matthews says:

    Praise The LORD ! Bless The Father for Fighting for His Child and Bless The Judge For His or Her Courageous Stand in This croked and perversed Nation. May The LORD have mercy !

  3. John says:

    It is not a pregnant woman’s right to do whatever she wants to her body. That baby is a living person created by God!

    1. Michal says:

      Women should have right to do what she wants with her body – one of the most prominent argument of abortionists. Well, technically, any human individual is defined by its DNA. It is unique for every human being. And the baby has always different DNA as its mother, so it is different human being even though during initial period of its life she/he is inside mothers body.
      So the argument that woman can do whatever she likes with her body and then “interfere” with another human being is plain ignorance of science. Isn´t that hypocrisy?

  4. TheKnowerseeker says:

    May God allow this to be the vehicle by which unborn baby murder is strictly curtailed in this great nation of America, founded by His children. May the children of the devil fear and flee their strongholds, the abortion clinics.

  5. Annette says:

    Bless the Lord! He is true and faithful to ALL his children. I am so glad he hears our prayers regarding the unborn! This is His answer to our prayers. Looking forward to His miracles …

  6. Molly B says:

    This sounds like a wonderful idea and could drive abortion clinics out of business. However, the down side is women would purposely get pregnant, have an abortion, then the father sue for huge financial gain. In order for this plan to be effective, the amount the father receives would have to be restricted to a minimal amount. If the father was sincere in his reasons for suing then his objective to punish the people/company responsible would be realized. However, a large award could be used in so many ways to help deserving women and their children. I know this plan is also subject to abuse, but at least babies would be helped instead of killed and it would no doubt be another step in abolishing abortion altogether.

    1. Elaine says:

      I think it would go differently. I think the man would be required to prove his request, and the clinic would have to deny the abortion.

    2. vital says:

      amount should be the maximum and that will put brakes on baby killing machine real quick

  7. Nelson Lemon says:

    It is now evident that most Democrat Senators totally disregard the fate of any baby born in a Planned Parenthood facility. I’m concerned about their fate when they stand before the God who supervises the process of fetal development, as written in Psalm 137.

    1. Eyeball says:

      I have prayed for them, though it went against my human nature. But it’s their decision, given the state of the law at present. So, they will reap what they sow. God made each of them to eventually be happy with Him for all eternity. It’s a difficult position to be in, but it’s what we are taught and encouraged to do. After all, they are our siblings in God’s eyes. I hope this case is upheld here in Alabama. If it’s God’s will, it will be challenged and go before the Supreme Court. It MAY bring the court back to Roe v Wade to reverse that abomination. God Be With Us. God Save this nation!

  8. Nathan Z says:

    Praise the Lord! Let’s keep praying – the battle is not over yet.

    Ryan’s baby was killed, but even though it never took a breath of air, look at what God is working because of Baby Roe and its father who has the heart and will to stand up against a terrible wrong being done in our country.

    Thank you Personhood Alliance, for all your work on this. Thank you for helping save babies and for helping a father who was helpless to save his unborn child from the atrocity of abortion. And thank you, Ryan Magers, for your courage and will to fight this injustice.

  9. LC says:

    This is wonderful news! Thank You Lord Jesus!!! Blessings upon The State of Alabama. Now other states should follow Alabama’s ruling that pre-born babies are human beings in the womb since conception. I hope and pray there will be so many lawsuits against Planned Murderhood, all abortion clinics, big pharma, and any vendors selling equipment, tools, etc.

    Jesus Christ Loves You!!!!
    Jesus hates sin!!!
    Acts 2:38 KJV

    1. Chuck Miller says:

      Amen to all You have Stated!!!

    2. God is the creator of Life. ALL life is precious; from the womb to the tomb. Thank you, state of Alabama, for proclaiming the truth; ALL life must be protected and respected; especially the most vulnerable in society,the preborn. We must be those innocent babies voice. It is our duty. God bless America.

    3. lmtd says:

      Amen!?
      May God Bless Alabama…
      And All States who say No!?
      to Abortion, and Infanticide!
      Blessed Mary, please intercede for us to your Son Jesus Christ? Ask Him
      He will refuse you not!
      Start shutting down planned parenthood now, Defund the financial resources to kill babies ?in the Mother’s womb!
      And Infanticide!
      These Dr’s took a Hippocratic oath, Now they have turned into Kermit Gosnell!!!
      Please available on DVD please watch, it’s so informative.
      It leans more on facts hidden.
      from the public…
      Investigations into Gosnell 30yrs of what he did to Mother’s and the unborn babies ?
      Unplanned comes out this month also!
      God Bless All, Stay Pro -Life!
      Amen?

  10. Joanne says:

    That is novel approach, and I praise Alabama laying the groundwork.

  11. Ernie Zenone Sr. says:

    This is very important. The problem is judges who are opposed to protecting the unborn and the born. We need to pray that our Lord would replace corrupt judges with those who fear God and His Word!

    1. TheKnowerseeker says:

      Amen!

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