Alabama Brody Bill Ultimate Legal Hypocrisy


Never underestimate the histrionic whims of an Alabama politician. Or, for that matter, the histrionic whims of the entire Alabama legislature. Indeed, Alabama has just set the highest standard for the worst law possible. It assaults the sensibilities of any rational person.

That to which I refer is the newly passed Brody Act. The Brody Act is simple, if you decide to murder a woman who is pregnant and her unborn baby is also killed, then you can be charged with the murder of both the mother and the unborn child. The unborn baby has now been granted autonomy by the Alabama legislature. Or has it? The bill passed without dissent.

I guess that seems like a pretty good idea in a lot of ways, but what really raises the red flag is that the Alabama Senate Judiciary Committee went out of their way to change the bill in order to ensure that the law does not apply to miscarriage or “legal” abortions. No mincing words here; Mommy can legally kill her unborn baby if she wants, but somebody else cannot. The only difference in the two cases is whether or not the baby is wanted by Mommy to begin with. The status of the baby relies solely and completely on the whimsical desires of Mommy. If Mommy doesn’t want her baby, killing it is legal, if she does want her baby, killing it is murder.

You might begin to understand such a law if it were cast strictly in an attempt to overturn Roe V. Wade altogether. Then the argument makes some sense. If you say you don’t believe in abortion, and you are going to narrow the margins anyway you can in an attempt to finally eradicate abortion completely, then it is a rational argument. But that’s not what they said. They made a deliberate effort to ensure that “legal” baby killing remains legal… as long as Mommy doesn’t want here baby.

Talk about a double standard for the right to life and living. Pro-lifers are known to proffer the argument against abortion, especially late term abortions, by saying there is no dividing line and that abortion must at least be prior to the little head poking it’s way through… and really preferably long before the third trimester. How far does the new double standard go? Can mommy kill her baby – but only Mommy – when little Baby Bob is one year old? How about seventeen years old? At what point does Mommy’s exclusive right to life and death over her child really end?

The ludicrous argument isn’t really so ridiculous when you see such a double standard knowingly and deliberately made law. If a double standard is ok for unborn babies, where does that double standard end? Does the business owner now have the right to shoot someone for fun, while the blue collar laborer does not? Is that really such a ridiculous proposition when killing an unborn baby is legal based on nothing more than the completely arbitrary whim of whether Mommy wants the baby? How exactly do you determine a pecking order for this newly incepted phase of caste?

All Men are created equal except in the case that they are unwanted…

It will be interesting to see just how long such a law will go before challenged before the United States Supreme Court. It cannot possibly be legal under the current established law of Roe V. Wade. But who would dare? This law may very well represent the ultimate in legal hypocrisy. It’s a bad law no matter which side of the abortion debate you weigh in on.

All Men are created equal except…

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