A controversial New York state law that changes the definition of unborn babies to nonpersons so that they can no longer be considered victims of homicide.

The class action suit against Democratic New York Gov. Andrew Cuomo and other officials argues that the state’s Reproductive Health Act (RHA) is also unconstitutional, The Daily Wire reported on Jan. 13. 

The January law states that the killing of a child who can survive outside the womb even without medical intervention is not a crime as the child is not considered a person. Killing these children is not considered homicide.

“This new definition is devastating because a criminal assailant can no longer be separately charged for the death of an unborn child,” said one of the attorneys bringing the lawsuit, Christen E. Civiletto.

She added, “The RHA escalates the threat of harm to women and unborn children and incentivizes deadly violence against women.”

What is left for women and their families?

Civiletto also believes, “New York has stripped women and their families of their ability to pursue justice for those deaths.”

“That’s outrageous. In fact, it is contrary to the stated policy of the RHA itself: to affirm the ‘fundamental right [of women] to choose to carry the pregnancy to term, to give birth to a child,'” she explained.

New York state has been criticized because the RHA permits, in some cases, abortion up to the time of birth and removes legal protections for babies who survive the procedure, according to the Daily Wire.

These abortions are justified in the “absence of fetal viability” or deemed necessary to protect the mother’s “health,” including emotional and psychological health.

According to the Thomas More Society, the plaintiffs are asking the court to recognize First Amendment rights for women whose unborn children are killed by these assailants.

Defending the unborn and abortion survivors

They also ask the court to clarify confusing references to short-term unborn babies and babies who survive abortion.

“Violence against women and girls, including pregnancy violence, is a human rights violation of epic proportions,” said the executive director of New York-based Feminists Choosing Life, attorney Michele Sterlace.

She added, “We should be enacting, rather than repealing or amending, laws created to deter violence and save human lives.”

She also pointed out one of the contradictions in the controversial law, “How can we speak of progressivism and feminist ideals yet turn a blind eye to laws that escalate violence against women in the name of ‘choice’?” citing the Thomas More Society.