While abortion has been in the news many times before, and we thought we’d seen it all, a probate court judge in Madison County made history as the first judge to recognize an unborn and aborted fetus as a human with Constitutional rights.
According to WAAY 31, Ryan Magers attempted to sue an abortion clinic where his would be child was terminated at the request of his girlfriend. The suit comes two years after the abortion took place. “I’m here for the men who actually want to have their baby,” he told WAAY 31. He names “Alabama Women’s Center, their employees and the pharmaceutical company who makes the medication used in an abortion” as the defendants.
The suit claims Mager pleaded with his girlfriend to “not kill Baby Roe,” the name dubbed his child in the document, but the mother went ahead with the abortion at 6-weeks using a pill provided by the clinic.
They are suing for ‘wrongful death’ as under Alabama state law, known as Amendment 2, all fertilized fetuses have the same rights as people. Though it was passed last year, this law was never applied within a court system.
Until now. For the first time, Probate Judge Frank Barger has allowed the case to proceed, meaning he has created legal precedent in the state for fathers to sue on behalf of their aborted children. Because of the decision, Alabama Women’s Center, the main defendant, must legally respond to the suit by April 1st.