Alabama Supreme Court Rules in Favor of Unborn Child

Alabama Supreme Court Justices

The Alabama Supreme Court unanimously ruled Friday in defense of unborn life in a wrongful death lawsuit against an OB/GYN accused of contributing to the death of a woman's unborn child. The court found that the trial court erred in dismissing Alabama resident Kimberly Stinett's claim alleging the wrongful death of her unborn baby and granting summary judgment in favor of Karla Kennedy, M.D., on lack-of-proof-causation grounds.

The Alabama Supreme Court declared that Stinnett v. Kennedy may proceed, stating that unborn children are human beings and are entitled to legal protection. The court largely based its decision on an amendment in Alabama's Homicide Act, which "changed the definition of a 'person' who could be a victim of homicide to include 'an unborn child in utero at any stage of development, regardless of viability.'" Alabama Supreme Court Justice Thomas Parker also wrote a concurring opinion, noting that the "viability" standard in Roe v. Wade is faulty.

Justice Parker wrote, "Unborn children, whether they have reached the ability to survive outside their mother's womb or not, are human beings and thus persons entitled to the protections of the law—both civil and criminal. Members of the judicial branch of Alabama should do all within their power to dutifully ensure that the laws of Alabama are applied equally to protect the most vulnerable members of our society, both born and unborn," Parker said.

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