OKLAHOMA CITY, Okla. — A senator in Oklahoma has again introduced a bill that would abolish abortion in the state and would result in homicide charges against abortionists.
Senate Bill 13, filed by Sen. Joseph Silk, R-Broken Bow, states that the definition of a human being includes the unborn, and “from the moment of fertilization.”
Therefore, under existing homicide statutes, which define the crime as “the killing of one human being by another,” the unborn would be equally protected, and specifically regarding “acts which cause the death of an unborn child committed during an abortion.”
“Any federal statute, regulation, executive order or court decision which purports to supersede, stay or overrule this [bill] is in violation of the Constitution of the State of Oklahoma and the Constitution of the United States of America and is therefore void,” the bill also declares.
“If signed into law, S.B. 13 would classify abortion as murder. This measure shows that Oklahomans value and protects life at all stages,” Silk said in a statement.
He also explained to local television station KFOR that he presented the bill, also known as the “Abolition of Abortion in Oklahoma Act,” as he believes state sovereignty needs to be asserted in the face of Roe v. Wade, just like when a number of states sought to abolish slavery despite the U.S. Supreme Court’s ruling in Dred Scott v. Sanford affirming the “rights” of slave owners.
“The Supreme Court also ruled that slaves were private property and they were wrong. And so, the courts do need to be challenged,” Silk said. “The goal is to say we are a sovereign state and choose to abolish abortion.”
The American Civil Liberties Union of Oklahoma has already expressed objection.
“When to have children or whether to have children at all is a deeply personal decision, one in which the government has no right to interfere,” said Deputy Director Allie Shinn. “Sen. Silk is demonstrating yet again that he has little interest in honoring his oath to uphold the constitution.”
“I’m not sure where Joseph Silk got to decide that he’s the morality police, but nobody elected him to do that,” she remarked.
However, as previously reported, even in early America, the belief that abortion is murder was not uncommon.
Philadelphia legal writer, educator and Christian apologist Francis Wharton, who wrote several books on American law, penned an entire chapter on abortion in his book “American Criminal Law,” published in 1855.
Wharton called abortionists “persons who are ready to degrade their humanity to this occupation” and stated in regard to abortion in general, “Such conduct cannot be too strongly condemned, and is the more deserving of receiving the punishment awarded for the criminal offense in question.”
In 1850, Pennsylvania’s Supreme Court became the first high court in the nation to declare that abortion must be prohibited at any stage of gestation for any reason. While other state courts allowed preborn babies to be aborted up to four months of gestation by reason of a “quickening” theory, which stated that a person was not protected until the mother felt them kicking in the womb, the Pennsylvania Supreme Court would accept no such argument.
In Mills v. Commonwealth, the court declared that the theory “is not … the law in Pennsylvania, and ought never to have been the law anywhere.” The ruling became a strong precedent that other state courts began to review and follow.
By the 1900’s, due to the influence of the Pennsylvania Supreme Court, nearly every state in the nation prohibited abortion for any reason, with the exception of Arkansas, Mississippi and North Carolina.