Dignity of the Preborn Act

Dignity of the Preborn Act 

From the perspective of a conservative pro-lifer, the "Dignity of the Preborn Act" can be seen as a well-balanced approach that respects both the sanctity of life and fiscal responsibility. Here's an argument supporting this legislation:

1. Respect for the Sanctity of Life: Conservative pro-lifers hold the belief that all human life, including pre-born individuals, should be treated with dignity and respect. The "Dignity of the Preborn Act" aligns with this principle by requiring the naming of aborted pre-born individuals, holding a funeral service, and ensuring their proper burial. This demonstrates a commitment to acknowledging the humanity of these individuals, even in the context of elective abortion.
2. Closure and Healing for Parents: Elective abortions can be emotionally challenging for parents. Requiring a naming ceremony and a funeral service may offer a sense of closure and healing for parents who have made this difficult decision. This can provide them with an opportunity to grieve and remember their pre-born child, helping them cope with the emotional aftermath of abortion.
3. Fiscal Responsibility: The legislation outlines specific costs associated with the funeral expenses and burial procedures. While some may argue that these costs are substantial, conservative economists can appreciate the provision for fiscal responsibility. By charging parents for the expenses, the burden does not fall solely on taxpayers. Furthermore, by capping the costs at a reasonable range, the legislation prevents excessive financial burdens on families while still ensuring the proper treatment of fetal remains.
4. Regulatory Framework: The legislation establishes a clear regulatory framework, which is essential for conservative economists who emphasize the importance of well-defined rules and regulations. The Ohio Legislature is tasked with enacting necessary laws and regulations to implement the provisions of the amendment. This approach ensures that the process is transparent and accountable.
5. Monitoring and Enforcement: The inclusion of reporting requirements and penalties for violations ensures that healthcare facilities, medical providers, and individuals adhere to the law. This is crucial from both a pro-life and economic perspective, as it maintains the integrity of the legislation and guarantees that the provisions are followed consistently.
6. Severability Clause: The presence of a severability clause demonstrates careful legal drafting. It ensures that if any part of the amendment is found to be invalid, the rest of the legislation remains intact, allowing for the continued implementation of the provisions that can be given effect. This clause underscores the importance of the legislation's core principles.

In summary, the "Dignity of the Preborn Act" strikes a balance between respecting the sanctity of life, providing closure for parents, and maintaining fiscal responsibility. This act does not interfere in anyone’s perceived right to an abortion. From a conservative pro-life standpoint, it upholds the belief that pre-born individuals deserve recognition and dignity, even in cases of elective abortion. From a conservative economist's perspective, it introduces fiscal accountability, regulatory clarity, and measures for enforcement, all of which are key components of responsible governance.

Dignity of the Preborn Act

Section 1: Purpose and Intent

The purpose of this section is to establish provisions for the respectful treatment of electively aborted fetal remains in the State of Ohio by requiring their naming, holding a funeral service, and providing for their proper burial.

Section 2: Definitions

(a) "Abortion" refers to the elective termination of a pregnancy, resulting in the death of a pre-born individual. 

(b) Abortion procedures that are elective and not the result of rape or incest will not be considered a medical procedure that’s privacy is protected by the Federal Health Insurance Portability and Accountability Act

(c) "Fetal remains" refer to the remains of a pre-born individual following an abortion procedure.

Section 3: Naming and Funeral Service

Upon completion of an abortion procedure, the Ohio Attorney General shall provide a method for naming the aborted pre-born individual. The Attorney General’s office shall also be responsible for holding a funeral service, where the named pre-born individual shall be acknowledged and remembered.

Section 4: Burial Requirements

The State of Ohio shall be responsible for the proper burial of all fetal remains from abortion procedures. The burial shall be carried out in a dignified and respectful manner, and the location shall be determined and designated by the Attorney General’s Office. The state of Ohio shall charge no less than five thousand dollars to the parents of the deceased for funeral expenses and no more than ten thousand dollars.

Section 5: Implementation and Enforcement

(a) The Ohio Legislature shall enact necessary laws and regulations to implement the provisions of this amendment, including recouping all associated costs from the parents, funeral arrangements, and burial procedures.

(b) Violation of the provisions of this amendment by any healthcare facility, medical provider, or individual shall be subject to penalties and enforcement as specified by law.

Section 6: Reporting Requirements

The Ohio Department of Health shall establish reporting requirements for healthcare facilities and abortion providers to ensure compliance with the provisions of this amendment. Annual reports shall be submitted to the appropriate state authorities to monitor and assess adherence to these regulations.

Section 7: Penalties

Abortionists and healthcare providers who are found guilty of any section of this statute shall be guilty of a third-degree felony and a minimum fine of $10,000.

Section 7: Severability

If any provision of this amendment or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this amendment that can be given effect without the invalid provision or application.