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South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murder of

Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

As per your standard, nothing is a Natural Person until the law says they're a Legal Person, so as per that standard no, slaves were not.

That is not at all my standard. I am stating as a positive assertion of rational fact and common sense that a fetus is not a person, and that you cannot offer any argument to the contrary that is not steeped entirely in religious ideology.

The 'brain activity' argument is irrelevant for 3 reasons:
1. You will note that the legal definition of "person" contains no reference of brain activity.

It appears you are the one trying to rationalize an untruth with legal technicalities. If we are arguing law, then the law permits abortion and therefore does not permit force in its prevention. Even if the law did not permit abortion, it does not necessarily follow that a fetus is categorized as a person, that abortion would be categorized as murder, or that force would be authorized to prevent it. If we are arguing morality, then morality permits abortion because it is clearly more of a violation to enslave a woman for months than to allow her control of her own physiology at the expense of a mere potential.

If we are arguing ethics, then ethics permits abortion because your arguments completely discards the principle of human autonomy at the center of ethical philosophy. If we are arguing science, then the nature of an organism's brain activity is the most fundamental definition of consciousness. You, however, do not seem to want to settle on any of these bases, hopscotching from one to the other as each one in turn fails you.

The reason being that the 'brain activity' argument is a Secular Humanist perversion of "Cogito, ergo sum", is purely theological in nature and therefore has no place in Posative Law.

It has nothing to do with Cartesian philosophy - this has been the overwhelming and unavoidable conclusion of neurological science for generations. Brain damage or chemical impairment can alter the very foundations of your being, and selective stimulation of known cortices can induce every possible experience ever articulated, including synesthetic experiences that have no distinct verbal translations. Whatever resource you're relying on is very out of touch with science, and primarily concerned with discussions in the humanities.

2. Main stream Pro-Choice makes no argument that as soon as brain activity is evident in the ZEF, that the ZEF is then a "person" under the law, and therefore Roe-v-Wade Section 9a makes all elective abortion "murder" under the law.
3. As demonstrated by Obama, it can not only have brain activity, but be born and surviving completely outside-of and detached-from the mother and still not be seen as a "person".
Therefore, we can conclude that the 'brain activity' argument is disingenuous if not a violation of the 1st amendment. Pro-Choice is assuming the false premise that they would ban abortion were there religious requirement of brain activity present.

This is complete gibberish, and your sneaking in a link to a deranged anti-Obama rant is the low point of a very low paragraph. First, the mere existence of brain activity is not the definition of being - non-human animals have brain activity, just not to the same complexity or density of operations. As I've said, there are ambiguous grey areas, but abortion does not involve any of them. Fish are more neurologically active than fetuses. Second, I don't know where you're getting a reference to the 1st Amendment, but I can assure you it contains no mention of fetuses being people or abortion being illegal. Are you just throwing out random words or what?

You are, however, charged with "murder" if you kill the unborn.

If the mother presses charges - it is an extension of her rights alone.

Well sure but the whole brain activity argument is bunk anyway because "child" is a social construct, not a medical construct.

A human being is something that exists or doesn't exist in physical fact, not something invented by society. I can't believe how often I have to explain this to people on both the left and right on different issues. Now, once again, I don't deny that there are ambiguous thresholds between humanity and something prior to humanity, but abortion doesn't even come close to those thresholds - a fetus is not conscious, and does not possess even the capacity for consciousness. Its brain is still organizing the basic autonomic structures that regulate simple metabolic and cardiovascular processes. In the earlier stages, it's basically a lobed spinal cord with a thin membrane that will eventually become skin - a fish has greater claim to sentience.

At least now we have clarity that you don't care what SCOTUS has to say, which pretty much blows any credibility you may have otherwise had right out.

I'm sorry you disapprove of independent thought and reality not based on authoritarianism. This is not the Austro-Hungarian Empire - a law is not whatever someone in a robe says it is. There is room for expert interpretation, but there are also simple matters of fact and common sense. One of them is that corporations do not have the rights of people, because (a)they are not people, and (b)no law has ever been passed granting them such. The same rationale holds true for abortion: Fetuses are not people, and every law identifying them as such has been struck down as unconstitutional. The validity or invalidity of a court decision rests in itself, not in some authoritarian ideology that holds the source of a decision to be the definition of its legitimacy.

The only people bringing up the killing of abortion doctors are pro-choice. You are the ones acting all paranoid.

I specifically asked you to affirm that you are not encouraging, endorsing, or rationalizing the killing of abortion doctors because the position you are arguing could be interpreted that way, and you have declined to do so. I have asked that you affirm that this is a matter of intellectual debate, and that you are not trying to incite people to acts of violence against abortion doctors, and you have declined to make that stipulation. That is not paranoia - that is cause for legitimate concern. The rhetoric of the right is often violent, and its actions likewise. I ask you again to affirm the legitimacy of this discussion by stating categorically that you are not encouraging or rationalizing the killing of abortion doctors, simply pursuing a legal interpretation of the SD law. That I'm mentioning this is a courtesy to you, so that no one gets an unintended impression of what you are arguing.

Someone els's child, or hell even pet or car, doesn't have to be my personal property for me to protect it.

Someone else's child is a person, and therefore acting in their defense is both legally and morally equivalent to acting in your own. But someone else's property does not afford you that right - to the best of my knowledge, it is not legal anywhere in the US to use deadly force purely to protect another person's property. In most of the US it isn't even legal to use deadly force purely to protect your own - you have to have some reasonable sense of danger, not just catch a teenager breaking into your car and shoot them because you feel like it. A woman's body is her property, and a fetus is part of her body.
 
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Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Oh, so you're talking out your ass and are now back peddling. .

No Jerry, my comment was in reference to statements such as these:



Note not "To keep them from aborting my child" but simply to prevent them from performing them in a general sense. Advocating bombing abortion clinics simply to "prevent" abortions in a general sense and acting as if somehow this is significantly different then the justifications people have for terrorist actions.

By the way, I may be crazy or perhaps "irrational", but I'm going to go out on a limb and say that piece of legislation is longer than 2 sentences long and thus its possible to have issues with it beyond a simple 2 sentence synopsis. Maybe that's all IRRATIONAL of me to believe. :roll:

No that's true, I get what what you're saying now. No I certainly can not condone bombing abortion clinics. Just conduct a raid, and after the criminal investigation is finished with the building either re-sell it or properly demolish the structure by a competent contractor.

I mean, let's be reasonable, if your neighbor was caught with a meth lab you wouldn't want that house blown up right next to yours. It's reckless and unnecessary. Just bring in the dozer and perform a proper demolition.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

No that's true, I get what what you're saying now. No I certainly can not condone bombing abortion clinics. Just conduct a raid, and after the criminal investigation is finished with the building either re-sell it or properly demolish the structure by a competent contractor.

I mean, let's be reasonable, if your neighbor was caught with a meth lab you wouldn't want that house blown up right next to yours. It's reckless and unnecessary. Just bring in the dozer and perform a proper demolition.

Meth Lab = Illegal.

Abortion Clinic = Not Illegal.

Jerry = Continuing to try and push a false dichotomoy as if its a fact to try and dupe people into agreeing with him as if we're all a bunch of idiots that don't see through his transparent attempts.

Yes, if abortion clinics were made illegal a raid of the premsises if illegal activity would make sense. Demolishing a worth while building would be a bit idiotic. A random citizen bombing it would be as illegal, and foolish, as a random citizen bombing a meth lab. That said, the entire conversation is a bit ridiculous, becasue constitutionally as it stands the type of abortions taking place at the majority of clinics aren't illegal and thus aren't comparable to meth labs, and some state law isn't going to magically change that.
 
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Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

This tells me that you didn't even show the common courtesy of reading my OP.
By the way, I may be crazy or perhaps "irrational", but I'm going to go out on a limb and say that piece of legislation is longer than 2 sentences long and thus its possible to have issues with it beyond a simple 2 sentence synopsis. Maybe that's all IRRATIONAL of me to believe. :roll:

I know, right, I should have put a link to the legislation in the opening post OH WAIT I DID.

Well it's not like other people gave more links the bill OH WAIT THEY DID.

Yeah, sorry you just happened to "not see" those links, and of me and others quoting the content of those links.

Yeah it's actually a couple paragraphs. I've read the whole thing, others have read the whole thing, we talked about it....you didn't. In fact we were having a rather nice exchange last night. Aww just look my cute little posts, being all civil and polite.

So, anyway, if your interested here are a few of the links which were posted within the first dozen or so posts....

2011 Session - Bill History
2011 Session - Bill History
2011 Session - Bill History
 
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Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

That is not at all my standard. I am stating as a positive assertion of rational fact and common sense that a fetus is not a person, and that you cannot offer any argument to the contrary that is not steeped entirely in religious ideology.

...and then I proceeded to give such an argument :lol:

If the mother presses charges - it is an extension of her rights alone.

Citizens don't press criminal charges, the DA does. Citizens press civil charges. The mother does not need to act for the state to act.

Or are you saying that in any typical murder, the police don't go after anyone until someone steps up and presses charges :lol: That's rich!
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

...and then I proceeded to give such an argument :lol:

You gave no such thing. What you gave was verbal chicanery that denied the empirical existence of human beings as being merely a "social construct," and then argued that reality should be subordinate to legal technicalities on matters of life and death. Sorry, you don't get to invent or nullify the value of human life by playing with words and legal minutiae - these things are merely tools of expression, not that which gives them meaning.

Now, this is the third time you've declined an explicit invitation to state that you're not advocating the murder of abortion providers. I am going to continue mentioning it until you make a specific statement on it one way or another. This is not a game. If you sincerely value an unconscious spinal nub over a thinking, feeling human being, and would see the latter killed to "protect" the former, then this conversation has no purpose because you are not receptive to arguments regardless of their merit. Let me be clear, even if you will not - it would be legally and morally acceptable to kill someone in the midst of an attempted homicide of an abortion doctor. That would be justifiable homicide under the laws of every state of the union, even the most backward and inhuman ones.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Let us just make this clear. It is one thing to disagree with a law you feel is unjust, it is another to go around killing people. There are many ways to challenge abortion law in this country, but state sanctioned violence is not an acceptable method. If you can't handle your political grievances without murder, you clearly are in the wrong damn country.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

You gave no such thing. What you gave was verbal chicanery that denied the empirical existence of human beings as being merely a "social construct," and then argued that reality should be subordinate to legal technicalities on matters of life and death. Sorry, you don't get to invent or nullify the value of human life by playing with words and legal minutiae - these things are merely tools of expression, not that which gives them meaning.

Now, this is the third time you've declined an explicit invitation to state that you're not advocating the murder of abortion providers. I am going to continue mentioning it until you make a specific statement on it one way or another. This is not a game. If you sincerely value an unconscious spinal nub over a thinking, feeling human being, and would see the latter killed to "protect" the former, then this conversation has no purpose because you are not receptive to arguments regardless of their merit. Let me be clear, even if you will not - it would be legally and morally acceptable to kill someone in the midst of an attempted homicide of an abortion doctor. That would be justifiable homicide under the laws of every state of the union, even the most backward and inhuman ones.

This may seem random but I do have a point which will become clear shortly.

Would you mind telling me what you do for a living?

I'm in the National Guard and residential construction.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Let us just make this clear. It is one thing to disagree with a law you feel is unjust, it is another to go around killing people. There are many ways to challenge abortion law in this country, but state sanctioned violence is not an acceptable method. If you can't handle your political grievances without murder, you clearly are in the wrong damn country.

Let's try that again...

Let us just make this clear. It is one thing to disagree with a law you feel is unjust, it is another to go around killing people. There are many ways to challenge slavory law in this country, but state sanctioned violence is not an acceptable method. If you can't handle your political grievances without murder, you clearly are in the wrong damn country.

Hmm, interesting, and again....

Let us just make this clear. It is one thing to disagree with a law you feel is unjust, it is another to go around killing people. There are many ways to keep from getting an unwanted pregnancy in this country, but state sanctioned violence (=abortion) is not an acceptable method. If you can't handle your political grievances without murder, you clearly are in the wrong damn country.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

While I'm sure the legislation will be further refined, it's worth pointing out that Roe-v-Wade gives states the right to ban 2nd trimester abortion if it chooses.

Restricting abortion in the 2nd trimester can only be done if the purpose is to protect the health of the pregnant woman. States will have a hard time proving that banning abortion in the 2nd trimester is for the purpose of protecting a woman's health.

Roe v. Wade - Overview

State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

No. I'd push for the law making it legal to kill a gay person to be overturned, but I would not push for a law legally allowing people to kill someone for performing a legal action.

This law would be about allowing you to use lethal force when the Klan shows up.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Restricting abortion in the 2nd trimester can only be done if the purpose is to protect the health of the pregnant woman. States will have a hard time proving that banning abortion in the 2nd trimester is for the purpose of protecting a woman's health.

Roe v. Wade - Overview

State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman.

Exactly right, so unless a woman can prove a need to abort, the State will protect her from herself.

Edit;
You deserve a better answer than that.

South Dakota Women’s Health and Human Life Protection Act (HB 1215)

I keep telling you people, South Dakota is not like California or New York. There is a history of affirming the rights of the unborn here, so stating that we can use lethal force to protect said unborn is a small step for us.

Outsiders apply a Hollywood stereotype and get work up in hysterics "oh noes teh reDnecKs r gon kill uz o_O".

If you're from a liberal state and you're used to doing just whatever you want with your clumps of cells, be advised that your clump of cells may have various legal protections as soon as you step across the state line.

Also be advised that should you choose to take residency here, you may be legally compelled to own a firearm. Legislation meant to object to ObamaCare is gaining real support as a stand alone law.
 
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Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

This is OKgrannie's idea of "protecting a woman's right".

Workers fired after abortion scandal
By Associated Press and Maggie Fazeli Fard

Some Pennsylvania state employees have been fired and two agencies have overhauled regulations following allegations that a doctor performed illegal late-term abortions that killed a Virginia woman and several viable infants, Pennsylvania Gov. Tom Corbett said Tuesday.

The announcement came less than one month after Dr. Kermit Gosnell and eight employees were charged with killing seven babies born alive. Gosnell was also charged in the death of Karnamaya Mongar of Woodbridge at his West Philadelphia clinic.

~snip~

Prosecutors said hundreds of babies died in Gosnell’s clinic, and District Attorney Seth Williams called it a “house of horrors.” A grand jury report said Gosnell “murdered these newborns by severing their spinal cords with scissors.”
 
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Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Exactly right, so unless a woman can prove a need to abort, the State will protect her from herself.
No, this is epic comprehension fail. The state has the power to stop the abortion if the abortion can/will cause bodily harm to the pregnant woman. The woman does not have to prove a need to abort, that is ridiculous.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Let's try that again...

Hmm, interesting, and again....
Abortion is not murder in this country. Get this fairly simple concept through your head.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Abortion is not murder in this country. Get this fairly simple concept through your head.

If it's not a lawful abortion, yes it is "murder".

If the facility is not licensed, it's "murder". If the physician does not have a current license, it's "murder". If the woman is in the 3rd trimester and she doesn't have 2 attending physicians concurrence, it's "murder". If the woman performs a less than sterile do-it-yourself abortion, it's "murder". If she hires her boyfriend to step on her stomach, it's "murder".
 
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Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

No, this is epic comprehension fail. The state has the power to stop the abortion if the abortion can/will cause bodily harm to the pregnant woman. The woman does not have to prove a need to abort, that is ridiculous.

Soooooo...you just chose to ignore my link and the deeper point I was making....fabulous. See you're an example of why people don't really give a **** on this forum. You're just going to ignore everything anyway, so why bother.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

If it's not a lawful abortion, yes it is "murder".

No, in most states an unlawful abortion is only a misdemeanor. Murder is a felony.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Soooooo...you just chose to ignore my link and the deeper point I was making....fabulous. See you're an example of why people don't really give a **** on this forum. You're just going to ignore everything anyway, so why bother.

Actually, I read the entire thread and most of the links provided in the posts. You asserted that a woman must prove a need to abort. That is ridiculous and factually incorrect.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

No, in most states an unlawful abortion is only a misdemeanor. Murder is a felony.

Ah but we're not talking about "most states". We're talking about South Dakota, or did you not read the OP either?
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Ah but we're not talking about "most states". We're talking about South Dakota, or did you not read the OP either?

OK, in South Dakota it is a class 2 misdemeanor to carry out an unlawful abortion. Murder is a felony.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

I'm not sure how you can read...

...and get "ZOMG teh worldz gonza ends they bombin R aborshunz oh noes!!1"...but that's exactly what you've don here.

It doesn't matter what the intent of the law is; it only matters what the letter of the law is, and the law as currently written would define anti-abortion terrorism as justifiable homicide.

I find this whole thing amusing. The law started out as a wholly superfluous attempt to extend the definition of self-defense as applied to pregnant women, and has been transformed into a legal justification for terrorism. On some level, I have to applaud the South Dakota legislature for its single-mindedness and tenacity.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Ah but we're not talking about "most states". We're talking about South Dakota, or did you not read the OP either?

doubtless there may be strange laws in south dakota ( are whites and blacks allowed to marry there?)...point is, no matter how many silly rules you folks may invent, they are simply going to be disallowed by adults....states rats died with orville faubus
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

I think the law says what i thought it said.

That part applies to everyone...you, me, hell even the mod team.

I'm tracking this is the proposed change.

This part refers to everyone, not just the unborn.

This part regards felony against your home while you're in it; the structure, not a person.

You may be right in those regards, and any controversial issues are separate from what concerns pro-choicers. For instance, the applicability of this law regarding a case similar to the Terri Schiavo case. But we can discuss that as a separate topic if you so care to. I'd prefer to keep the discussion focused on the amendments that have pro-choicers concerned, at least between the dialogue you and I have, if that's okay with you.



I hear what you're saying, but I had supposed SD made 2nd trimester abortion illegal.

I'm going to be honest with you, I don't know if it is or if it isn't. Also, to be honest with you, I would never have conceived of a law that would allow someone to murder an abortion provider for doing an abortion outside of the time limit state laws allows. This is because of my personal belief that women have unrestricted reproductive rights.

So can you and I agree that the law should have an amendment that protects abortion providers pursuing their profession according to state and federal laws? Such a provision would remove such protections from abortion providers who do so against state and federal law. Is that fair?


Tell me how this image promote women's health:
images


What do you think would happen if pro-life made a similar sign with explosives in the logo? It's exactly like Black history Month is "cultural" but mention any sort of White History Month and you're a racist. Pure double standard.

I don't care about snarky images and "take thats" from either pro-lifers or pro-choicers, so I'm the wrong person to ask that question to. Instead, I would prefer it if we kept to the civil, polite, and intellectual discussion that you and I have been having so far.

That may have come out sounding harsher than I want to, but it's actually complimentary. I would rather continue talking about the meat of this particular issue than throwing attacks about the "institutions" of pro-lifers and pro-choicers. It's easy to attack institutions, but I would rather the two of us continue this discussions as individuals.

Let's say this law passes as-is: Scott Roeder would still be guilty of murder because 1. Dr.Tiller had special legal authorization to conduct those abortions, and 2. you have to use lethal force in the moment someone is in immediate danger. Shooting someone well before or after the fact is not justifiable homicide no matter how you cut it.

In the Scott Roeder case and the particulars around it, yes, you are right. But you have to remember that many of the critics of Roeder suggest that he was "pushed" into killing Tiller by other extremists who wouldn't bear any of the responsibility of their role in Tiller's murder.

So what pro-choicers fear is that a male partner, or even some other family member, of a woman they know is seeking an abortion will use lethal force "to prevent harm to the unborn child." And that person will be pushed into it by pro-life militants.

Note it doesn't necessarily matter if the law, as it is amended now, allows such an interpretation or not. What matters is that such pro-life militants may convince that person to use violence against abortion providers by lying to them about the effect of the amendment. So making such a clarification in the law could preempt militants from convincing others to commit violent acts with the amendment as a justification for it.

Well, as a father, if you are jeopardizing my child's life, your life therefor has no value; but we both know the law won't pass as-is. We both know the abortion exception will be installed.

On a visceral level, I completely sympathize with that rationale. But our society isn't ordered on along lines of the visceral - it's ordered along the lines of popular discourse.

And I hope you're right and that the exception for legal abortion providers is installed. I just wanted to point out that pro-choicers didn't criticize this amendment to strike back at pro-lifers but rather as an effort to stop violence that may be initiated against militants who makes things worse for both sides.
 
Re: South Dakota Justifiable Homicide Bill Under Fire as Critics Say It Invites Murde

Actually, I read the entire thread and most of the links provided in the posts. You asserted that a woman must prove a need to abort. That is ridiculous and factually incorrect.

Here ya go, another link you won't read because it proves you wrong:
34-23A-5. Abortion permitted after twenty-four weeks only for medical necessity. An abortion may be performed following the twenty-fourth week of pregnancy by a physician only in a hospital authorized under § 34-23A-4 and only if there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life or health of the mother.

South Dakota Codified Laws
 
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