By Meagan Hansen
Rep. Mike Thompson, R-Orem, commemorated the 30th anniversary of the Roe v. Wade decision by announcing his plan to introduce partial-birth abortion legislation during the 2003 session.
The proposed bill is designed to resolve the question of where abortion ends and infanticide begins. The legislation does not ban abortion in Utah and it does not change the legal rights women have in relation to abortion, Thompson said.
The legislation defines 'infanticide' as any abortion after the fifth month of pregnancy and would make any late-term abortion that involves the birthing process a third-degree felony.
Women who have the procedure may not be prosecuted, but the person performing the abortion could be, Thompson said.
'This is a good faith effort to protect women, their children, the medical profession and society from an inhumane, medically unnecessary and ethically unacceptable procedure,' Thompson said.
The legislation will classify 'birth' as the point when the infant''s entire head is outside the body of the mother. In case of breech presentation, any part of the infant''s body past the navel is considered outside the mother''s body.
'Birth is the point where a child receives rights of its own,' Thompson said.
Thompson was surrounded by a number of supporters today including Rep. Morgan Philpot, R-Sandy, and former congressional candidate John Swallow.
Philpot also announced Wednesday he will be presenting legislation that would stop funding for all abortion in Utah.
'My legislation will cut off any and all state funding that goes directly or indirectly to anyone who performs abortion,' Philpot said.
Philpot said he strongly feels that all abortion is wrong and that new laws need to be designed.
'It amazes me that we have allowed the decision of the Supreme Court to last 30 years,' Philpot said.
The bill is not complete, but will be ready for the House in a few weeks, Philpot said.
Utah''s current laws on partial-birth abortion allows for the procedure under circumstances of rape, incest or if the health or life of the mother is at risk. The new legislation would take out the health of the mother exemption.
'We can show the world that Utah doesn''t support partial-birth abortion, except when medically necessary to protect the life of the mother,' Swallow said.
Partial-birth abortion needs to be reconsidered because of the moral implications, Swallow said.
'Society can be defined by how it treats its most vulnerable members,' Swallow said. 'The most vulnerable are unborn children.'
In the 30 years since Roe v. Wade, it is estimated that more than 40 million abortions have been performed in the United States, Thompson said.