The Orbis

On Friday, April 2, President Bush signed into law the Unborn Victims of Violence Act (UVVA), which would make violence against a pregnant woman a crime not just against the woman, but against the fetus as well.

The act was inspired by the death of Laci Peterson, who was pregnant. Under California law, Laci's husband Scott has been charged with two counts of murder, for his wife and their unborn son Connor. "All who knew Laci Peterson have mourned two deaths," Bush said, "and the law cannot look away and pretend there was just one."

Laci's mother, Sharon Rocha, was one of the main supporters of the bill. "There were two people who washed up on the beach at that time. And one was Laci and the other was her son Conner," she said.

The law is the first federal law in history to treat a fetus explicitly as a person under the law, with full rights and privileges before birth; it considers a fetus as a legal entity from the point of conception, even if the woman does not know she is pregnant. This interpretation has pro-choice activists concerned about the law's political consequences.

The law's opponents say that giving a fetus the rights of an ordinary person in the context of a murder case paves the way for making abortion a crime against the fetus. "Once in a statute you create a fertilized egg as a human being with specific rights, the march to eliminate Roe v. Wade is on its way," said Sen. Dianne Feinstein (D-Calif.). The Roe decision stated specifically that the word "person" as used in the 14th Amendment does not include the unborn.

Rocha and proponents of the UVVA stated that, since abortion requires the mother's consent, it will not be subject to the law. "Under no circumstances can you prosecute the mother," said Sen. Lindsey Graham (R-S.C.).

Anti-choice groups praised Bush's signing as a step forward for their agenda. Family Research Council President Tony Perkins said, "Today marks a tremendous victory for the pro-life movement. We are now one giant step closer to rebuilding a culture of life, where every child -- born and unborn -- is given the protections they so clearly deserve."

The act will be an issue during this year's presidential campaign, with Democratic candidate John Kerry voting against the bill and pro-choice groups denouncing it. The Planned Parenthood Federation of America took a strong stance against the UVVA.

"The so-called Unborn Victims of Violence Act (UVVA) is not intended to protect pregnant women from domestic violence or punish individuals who harm them," said PPFA President Gloria Feldt. "It is part of a deceptive anti-choice strategy to make women's bodies mere vessels by creating legal personhood for the fetus. ... This bill does nothing to prevent violence but does shift the focus away from real solutions by undermining women's health and reproductive freedoms."

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