ABORTION LAW & THE COURTS

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When societies lose sight of the fact that all human life is sacred, made in the image of God, the cascade of events that lead to the dehumanization of entire classes of people is inevitable.

When the Alaska Legislature overturned Governor Miller’s veto of their bill legalizing abortion in Alaska, they took massive steps departing from all moral and cultural norms in America.

After the painful lessons of the emancipation of people held as slaves, Civil War, and the return of those peoples’ rights otherwise guaranteed and protected by the U.S. Constitution, a wave of anti-abortion laws were passed across the United States in the late 1900’s.

Those laws were introduced and adopted into every state to protect the lives of children not yet born, based on the recognition that all human life is sacred, created by God in His image, and to be protected accordingly.

In 1997 the “Fundamental Right to an abortion” was introduced by Alaska Supreme Court Chief Justice Compton.

By creating this new “fundamental right to an abortion,” the Alaska Supreme Court abused the limits on their power as outlined in Alaska Constitution under:

The setting was the Valley Hospital v. Mat-Su Coalition for Choice lawsuit that made its way to the Alaska Supreme Court by appeal. In their decision, the Supreme Court affirmed the Superior and Appeals Court decisions that women have a constitutional right to kill their children before they are born.

The decision made several significant departures from both Statute and the State Constitution.

Regarding Statute, the Legislature legalized abortion in 1970 by overturning Governor Keith Miller’s veto of their bill. The statute, and its changes allowed women to kill the children in their wombs up to the point of viability. The Supreme Court struck this limitation down and opened abortion to all nine months of pre-born life.

Regarding the Constitution, there’s much more to learn below.

The Alaska Constitution clearly states that amendments to the constitution are the duty of the Legislature and the people. However, in Valley Hospital v. Mat-Su Coalition for Choice, the Alaska Supreme Court claimed this power as their own when they created a new, “fundamental” and “constitutional right,” since the creation of a new right is explicitly an amendment to the constitution.

The Court went further than just interpreting the 1970 legislature’s intent on abortion statute, it actually claimed the constitutional power, authority, and duty to create new rights:

In that single, stunning statement, we see the Court take the power to amend the Alaska Constitution from the Legislature and the people of Alaska.

The Court continued their theft of constitutional power by proclaiming the right to abortion is protected by Alaska’s constitutional right to privacy under Article 1, Section 22 – authority that is reserved for the Legislature.

Here we see the Court abusing Article 1, Section 22 of the Alaska Constitution by including abortion in the definition of privacy. However, the Court overstepped its bounds again and claimed powers strictly reserved for the Legislature.

Clearly, the power to implement – to define, enforce, and protect – the peoples’ right to privacy is the sole authority and responsibility of the legislature.

It’s clear the Courts created the so-called right to abortion in the Valley v. Coalition decision and opinion.

It’s clear the Courts assumed the power of the legislature, the people, and the Lieutenant Governor when it created the so-called “fundamental” and “constitutional right to abortion.”

It’s clear the Courts assumed legislative powers when defining the right to privacy in Article 1, Section 22 to encompass abortion.

It’s clear that all abortion funding cases point to the “fundamental, constitutional right to abortion” manufactured in this case, and that the fundamental, constitutional right to abortion is based on the Courts’ abuse of legislative, executive, and voting power to amend the constitution and implement Article 1, Section 22.

When societies – and those entrusted with the duty to protect its members – depart from God’s plan for regulating the affairs of men, they inevitably lose the value that God places on every human being.

Alaska began its fall from protecting every human life – including children waiting to be born – three full years before Roe v. Wade led the rest of the country into a maddening destruction of human life never seen before in a civil society.

The way forward requires many steps to be taken: ending abortion funding, redefining the right to privacy to exclude abortion, protecting Alaska’s children from the abortion industry’s influence, and many more.

While we pursue action towards eliminating abortion funding and payments in Alaska, eliminating abortion from our right to privacy, and expelling the abortion industry from our schools and public facilities, The LIFE At Conception Act accomplishes all these goals while focusing the effort on one undeniable fact: LIFE begins at conception.