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"Well the good news is..."
dabo 24228 desperate attention whore postings DAW Level: "Playboy Centerfold"
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01-24-13, 02:01 PM (EST)
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1. "RE: Well the good news is..." |
LAST EDITED ON 01-24-13 AT 02:04 PM (EST)What an insane piece of legislation. At first I thought this would be someone trying to make abortion illegal even in cases of rape. But, nope, just read the thing itself, it would make abortion illegal only in cases of rape or incest. By making it tampering with evidence of a crime. In other words, ladies, you get raped in New Mexico, best wait until you find out if you get pregnant from it before reporting the rape. I doubt this could get passed through a legislation composed entirely of hard-right social conservatives, it's that stupid. ETA: Yep, illegal in cases of incest too.
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Estee 53653 desperate attention whore postings DAW Level: "Playboy Centerfold"
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01-24-13, 02:23 PM (EST)
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2. "RE: Well the good news is..." |
LAST EDITED ON 01-24-13 AT 06:23 PM (EST)There is no such thing as a law too stupid to pass. And if all else fails, argue it until three in the morning and once you're the only voter still awake, go for it. Works for Ireland. But when you define this under terms of evidence destruction? Then there's a chance someone up the line, post-passage (in that state or some other), will decide this has a legal point and let it stand. In that sense, it's not 'crazy enough to work', it could wind up as a brilliant strike to set up a foundation for other states to follow. It just only works for cases of assault unless you define any form of sex as criminal, which would have to include marital to make sure there's no base left uncovered. ... ...that one's going to need a few days. By the way, we are at the point where, after seeing Snidget's headline (and not yet knowing the bill's nature or that the creator was female), my mind automatically completed it with "...because he's the one who raped her and now he's demanding custody of the child." After some thought, I revised that last to "and was just awarded custody of the child." Some additional pondering threw in "plus support payments from the mother." But I guess that was too far for New Mexico to go today. We'll see how Arizona does tomorrow. ETA: Found the bureaucratic fun part: write the law properly and you might have to legally prove any pregnancy had not been the result of rape or incest and if you didn't have that proof, out the door you go so as not to interfere with any potential investigation. I'm thinking stacks of affidavit forms next to the bed, neutral third-party witnesses, video recording with audio confirmation required from all parties every thirty seconds on the sweep, and a notary public on 24-hour call.
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dabo 24228 desperate attention whore postings DAW Level: "Playboy Centerfold"
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01-24-13, 09:20 PM (EST)
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5. "RE: Well the good news is..." |
LAST EDITED ON 01-24-13 AT 10:13 PM (EST)I'm not even going to get into the vast multitude of problems there would be with considering a fetus as evidence of a crime, just will point out that were it evidence it would be precisely the same evidence regardless of whether it were living or unliving. Here's a LOL from the Peanut Gallery (comments section) of the cited article (going off on a tangent): Pedoviejo2 (poster) She says she has changed the language of the bill: UPDATE: Carlsbad legislator says she will file substitute bill for one criminalizing abortion in rape cases Posted at: 01/24/2013 10:28 AM | Updated at: 01/24/2013 1:40 PM By: Tracy Dingmann, KOB.com The Carlsbad legislator who filed a bill that could criminalize abortions for rape victims is now saying she will change the language of the bill to make it clear she is referring to a rapist who coerces the victim to have an abortion, not the victim. Isn't it already not his decision, and would it not already be illegal for him to force his own decision upon her in any manner?
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AyaK 9849 desperate attention whore postings DAW Level: "Playboy Centerfold"
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01-24-13, 06:21 PM (EST)
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3. "RE: Well the good news is..." |
LAST EDITED ON 01-24-13 AT 06:23 PM (EST)The bill has no chance of passing, even in a Republican legislature, but Weigel's column is interesting to me for one reason -- he continues the Democrats' front on the war on science. Here is what Weigel wrote: They talk about it because they deeply believe that life begins at the moment of conception. Most Republicans do. Yes, and so do virtually all scientists. For Weigel to write this in this manner betrays a deep conviction that science must align itself with Weigel's political views. Watch out, Dave -- that way lies another group of science deniers called creationists, who are mostly Republicans! Your two groups won't get along very well! There isn't any way to reconcile what Weigel wrote and what scientists believe -- it's not just a "typo" kind of error. But the widely-accepted idea that life begins at the moment of conception doesn't dictate the legal answer in the way that Weigel seems to believe -- unless you're a highly-politicized Democrat who wants to claim for purely partisan reasons that you follow scientific principles. Why doesn't the idea that life begins at creation end the legal debate? Because the law has always recognized a right to end life in certain cases. In fact, the Supreme Court's approach to this matter is entirely consistent with that type of balancing of interests between two lives, whether or not Weigel wants to recognize it.
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dabo 24228 desperate attention whore postings DAW Level: "Playboy Centerfold"
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01-25-13, 01:28 AM (EST)
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6. "RE: Well the good news is..." |
LAST EDITED ON 01-25-13 AT 02:30 AM (EST)But the widely-accepted idea that life begins at the moment of conception doesn't dictate the legal answer in the way that Weigel seems to believe -- Well, the statement by Weigel is simply that one side believes life begins at conception and the other side doesn't believe that, as if that is why the two sides disagree. It isn't and never has been the case. It keeps coming up for several reasons: 1. Social conservatives continuously repeat that they believe life begins at conception, and they are pro-life, and they oppose abortion, connecting it all. And as if people on the left are arguing that life does not begin at conception; which no one really should but perhaps some do, I don't recall that though. Digression: It could be argued that sperm and ova are living tissue and so conception, the joining of the two, isn't the starting point of life at all. This, though, is a ridiculous argument, or an argument of ridiculousness, just as irrelevant under the law as whether there is life at conception. It need never be mentioned on this thread again. 2. The pro-choice side really isn't organized anymore, it is in a defensive posture of simply responding to whatever the pro-life side comes up with, maintaining simply that abortion is and should continue to be legal and available. 3. Not enough people on either side bother to find out what abortion law actually does center upon. It's no more about what is life than it is about what is human than it is about what is property. It's about at what point does living human tissue become an individual that can have protection of the law. More or less.
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AyaK 9849 desperate attention whore postings DAW Level: "Playboy Centerfold"
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01-25-13, 06:20 PM (EST)
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8. "Story is false" |
LAST EDITED ON 01-25-13 AT 06:23 PM (EST)As I should have expected, the alleged story is false. The bill itself disproves the story. Here is the text: Tampering with evidence shall include procuring or facilitating an abortion, or compelling or coercing another to obtain an abortion, of a fetus that is the result of criminal sexual penetration or incest with the intent to destroy evidence of the crime. Notice that this is not a strict prohibition on an act. It includes what is known as a mens rea ("guilty mind") provision, making such an act a crime only when done with the intent to destroy evidence of the crime. A woman who permits DNA testing of the aborted fetus has clearly not destroyed evidence of the crime. I have a real question about when this bill would actually apply (perhaps in cases of incest). But it doesn't prevent a woman from voluntarily aborting her rapist's baby, as Weigel alleged. Apparently Dave Weigel is not only conducting a partisan war on science but also a partisan war on truth.
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Snidget 42591 desperate attention whore postings DAW Level: "Playboy Centerfold"
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01-25-13, 06:55 PM (EST)
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9. "RE: Story is false" |
LAST EDITED ON 01-25-13 AT 07:01 PM (EST)Well even the person that drafted it agrees the original language implied they could and might have to be charging the woman that got the abortion even if the woman who wrote it wanted to make it that it would just apply to the man who committed the rape or incest. http://www.sgvtribune.com/news/ci_22442626/new-mexico-abortion-bill-sparks-controversy It isn't always easy to find an article that doesn't throw some political spin on things.  Now I do hope she really did just have editing issues, but I suspect there are those that would try to find a way to punish a victim. After all, rape victims are rarely treated well, even in our legal system. ETA: After all, how many women do not report rapes and would be doing what they need to do to intentionally destroy the evidence it happened. All it takes is making in ONLY when coerced, not because you facilitated the abortion by driving your friend to the clinic or because you procured one by driving yourself and paying for it out of pocket.
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dabo 24228 desperate attention whore postings DAW Level: "Playboy Centerfold"
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01-25-13, 08:00 PM (EST)
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10. "RE: Story is false" |
LAST EDITED ON 01-25-13 AT 08:01 PM (EST)Well, it was a fun little feeding frenzy while it lasted. Wait a sec... Call To Arms! NM Representative Cathrynn Brown (R-Deep Red Southern Section) gets to try to weasel out of her original bill's language tonight on CNN's "The Anderson Cooper Show." ... Don't let her spin her way out of this one! 
Not that I think NM is really what we normally call a "Southern" state or particularly "red" even. I just have to wonder what loophole exists in their current laws that she thinks makes this bill necessary (regardless of what constitutes "evidence" or willingness to destroy it).
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AyaK 9849 desperate attention whore postings DAW Level: "Playboy Centerfold"
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01-27-13, 02:10 AM (EST)
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17. "RE: Story is false" |
Perhaps, but the mens rea requirement seems perfectly clear. I believe that what she wasn't expecting is that the bill would become so controversial when it is really so inconsequential.
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