John R. Houk
© October 20, 2018
Jessie Phillips murdered Erica Droze Phillips & unborn baby in 2009
The Personhood argument against baby-killing abortion has arisen in Alabama within the merits of a capital crime of a husband murdering his pregnant wife:
In the case, [Jesse] Phillips was charged with the murders of his wife and unborn child, and sentenced to be executed. The state Supreme Court affirmed the sentence, rejecting claims that Phillips could not be sentenced for the unborn child’s death because the child was not a “person.” (WND article below)
This is a State Supreme Court ruling and not a Federal Court ruling. I will be surprised if the Alabama State Supreme Court does not make an appearance in Federal Court. Think of the irony as a bunch of Leftist baby-killing supporters rage that a convicted murderer was not only convicted of murdering his wife but also convicted of killing his unborn child.
I can hardly wait to see how the Left/Democrats spin an anti-Personhood argument when a person removes TWO lives from among the living. Why did Jessie Phillips kill his wife Erica Phillips?
… A jury in June 2012 found him guilty and put him on death row for the slaying, which took place at Lakeside Car Wash on Alabama 69 in Guntersville.
Court documents indicate that Phillips became angry because his wife had not changed the wet diaper of their young daughter. He subsequently shot Erica Phillips in the back of the head, leaving her body lying in one of the car wash bays; the 23-year-old died early the next morning at Huntsville Hospital.
Both of the couple’s children were present when the shooting occurred, as were two of Erica Phillips’ brothers. Jessie Phillips fled the scene without the children.
He later turned himself in for the murder and, in interviews with police, admitted knowing his wife was eight weeks pregnant at the time he shot her. (Alabama man sentenced to death for 2nd time in pregnant wife’s murder; By Crystal Bonvillian; AL.com; 2/12/16)
There is absolutely zero doubt that Jessie Phillips is a heinous murderer. The Left is stuck with the conundrum of defending a wife-killer to perpetuate the heinous ideology that a woman has more rights over her body than an unborn life has a right to live.
The success of Personhood essentially boils down to this question: When does a life in a woman’s womb become a person?
The divide then becomes religious faith versus secularism. A secularist-minded person will look at biological criteria while a person of religious faith – particularly Christian faith – examines the criteria that life proceeds from God Almighty.
As to faith here is some valid thinking from the “Founding Charter for Personhood Alliance”:
WHEREAS, the Bible affirms the personhood, sanctity, dignity and value of every human being from the moment of our individual creation, as evidenced by the doctrine of Imago Dei and through the marital union of a man and woman (Gen 1:26-28), our being known by God even before being formed in the womb (Jer 1:5), the incarnation of Christ (Luke 1-2), and the sacrifice of Christ to atone for the sins of humanity and restore fellowship between God and man (Rom. 5:12-21);
The significant Biblical Scriptures in the above Personhood Charter are in order of usage are:
Genesis 1:26-28 (NKJV)
26 Then God said, “Let Us make man in Our image, according to Our likeness; let them have dominion over the fish of the sea, over the birds of the air, and over the cattle, over [a]all the earth and over every creeping thing that creeps on the earth.” 27 So God created man in His own image; in the image of God He created him; male and female He created them. 28 Then God blessed them, and God said to them, “Be fruitful and multiply; fill the earth and subdue it; have dominion over the fish of the sea, over the birds of the air, and over every living thing that [b]moves on the earth.”
Jeremiah 1:4-5 (NKJV)
4 Then the word of the Lord came to me, saying:
5 “Before I formed you in the womb I knew you;
Before you were born I sanctified[a] you;
I [b]ordained you a prophet to the nations.”
[It stands to reason if God formed the Prophet Jeremiah in his mother’s womb, He formed YOU in your mother’s womb and He formed the entire human race in their mother’s womb.]
Luke Chapter one and two are the birth of Jesus Christ story. I am not going to quote the entirety of those two chapters. But to signify the importance of God in the birth process, here are some select quotes:
Luke 1: 26-33, 35; 2: 10-12, 15-16 (NKJV)
1 26 Now in the sixth month the angel Gabriel was sent by God to a city of Galilee named Nazareth, 27 to a virgin betrothed to a man whose name was Joseph, of the house of David. The virgin’s name was Mary. 28 And having come in, the angel said to her, “Rejoice, highly favored one, the Lord is with you; [a]blessed are you among women!”
29 But [b]when she saw him, she was troubled at his saying, and considered what manner of greeting this was. 30 Then the angel said to her, “Do not be afraid, Mary, for you have found favor with God. 31 And behold, you will conceive in your womb and bring forth a Son, and shall call His name Jesus. 32 He will be great, and will be called the Son of the Highest; and the Lord God will give Him the throne of His father David. 33 And He will reign over the house of Jacob forever, and of His kingdom there will be no end.”
35 And the angel answered and said to her, “The Holy Spirit will come upon you, and the power of the Highest will overshadow you; therefore, also, that Holy One who is to be born will be called the Son of God.
2 10 Then the angel said to them, “Do not be afraid, for behold, I bring you good tidings of great joy which will be to all people. 11 For there is born to you this day in the city of David a Savior, who is Christ the Lord. 12 And this will be the sign to you: You will find a Babe wrapped in swaddling cloths, lying in a [a]manger.”
15 So it was, when the angels had gone away from them into heaven, that the shepherds said to one another, “Let us now go to Bethlehem and see this thing that has come to pass, which the Lord has made known to us.” 16 And they came with haste and found Mary and Joseph, and the Babe lying in a manger.
Romans 5: 12-21 (NKJV)
12 Therefore, just as through one man sin entered the world, and death through sin, and thus death spread to all men, because all sinned— 13 (For until the law sin was in the world, but sin is not imputed when there is no law. 14 Nevertheless death reigned from Adam to Moses, even over those who had not sinned according to the likeness of the transgression of Adam, who is a type of Him who was to come. 15 But the free gift is not like the [a]offense. For if by the one man’s offense many died, much more the grace of God and the gift by the grace of the one Man, Jesus Christ, abounded to many. 16 And the gift is not like that which came through the one who sinned. For the judgment which came from one offense resulted in condemnation, but the free gift which came from many [b]offenses resulted in justification. 17 For if by the one man’s [c]offense death reigned through the one, much more those who receive abundance of grace and of the gift of righteousness will reign in life through the One, Jesus Christ.)
18 Therefore, as through [d]one man’s offense judgment came to all men, resulting in condemnation, even so through one[e] Man’s righteous act the free gift came to all men, resulting in justification of life. 19 For as by one man’s disobedience many were made sinners, so also by one Man’s obedience many will be made righteous.
20 Moreover the law entered that the offense might abound. But where sin abounded, grace abounded much more, 21 so that as sin reigned in death, even so grace might reign through righteousness to eternal life through Jesus Christ our Lord.
I gotta tell ya … For me all arguments using biology to determine life before birth are irrelevant in favor of the Redemptive view of God for humankind through Jesus Christ the Savior.
Jessie Phillips took two lives and is being held accountable according to the laws of the State of Alabama. BUT those lives removed from the living – Erica Droze Phillips and her unborn child – were and are certified by God Almighty.
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STATE SUPREME COURT: ROE V. WADE ‘PATENTLY ILLOGICAL’
Shocking decision declares unborn baby is ‘a person’
By Bob Unruh
October 19, 2018
Alabama State Justice Tom Parker
The Alabama Supreme Court has ruled that an unborn baby is a “person” under the law, and, consequently, the death of that person can be punished with execution.
Further, in a special concurrence, Justice Tom Parker called on the U.S. Supreme Court to revisit Roe v. Wade, the 1973 ruling that created a “right” to abortion.
“I write specially to expound upon the principles presented in the main opinion and to note the continued legal anomaly and logical fallacy that is Roe v. Wade,” he said. “I urge the United States Supreme Court to overrule this increasingly isolated exception to the rights of unborn children.”
Parker affirmed the Alabama court’s rationale that “unborn children are persons entitled to the full and equal protection of the law.”
He asserted Roe v. Wade is “without historical or constitutional support, carved out an exception to the rights of unborn children and prohibited states from recognizing an unborn child’s inalienable right to life when that right conflicts with a woman’s ‘right’ to abortion.”
“This judicially created exception of Roe is an aberration to the natural law … and common law of the states,” Parker said.
He noted the Alabama court’s opinion stated the “obvious truth that unborn children are people and thus entitled to the full protection of the law” in its decision to reject Jessie Phillips’ arguments “that the unborn child he murdered, Baby Doe, was not a ‘person’ under Alabama law.”
In the case, Phillips was charged with the murders of his wife and unborn child, and sentenced to be executed. The state Supreme Court affirmed the sentence, rejecting claims that Phillips could not be sentenced for the unborn child’s death because the child was not a “person.”
The fault in the Roe decision was cited by Justice Harry Blackmun, who wrote the majority opinion.
He said the justices didn’t have the scientific evidence to determine if an unborn baby is a person, but “personhood” is the foundation of the case.
Blackmun wrote: “(If the) suggestion of personhood [of the preborn] is established, the [abortion rights] case, of course, collapses, for the fetus’ right to life is then guaranteed specifically by the [14th] Amendment.”
The Alabama ruling is not the only one to point out to the U.S. Supreme Court that Roe was wrongly decided.
In August, the 11th Circuit Court of Appeals struck down an Alabama law banning the gruesome, second-trimester abortion procedure in which limbs are removed from a baby’s body in the womb.
At the time, Chief Judge Ed Carnes lamented in his opinion that he was bound by U.S. Supreme Court precedent to rule against the state, writing that “dismemberment” is the best description of the procedure, which clinically is known as dilation and extraction.
“In our judicial system, there is only one Supreme Court, and we are not it,” he wrote, calling the high court’s history of abortion rulings an “aberration” of constitutional law.
And Judge Joel Dubina wrote separately to express his agreement with Supreme Court Justices Clarence Thomas and Antonin Scalia in Gonzales v. Carhart in which Thomas wrote, “I write separately to reiterate my view that the Court’s abortion jurisprudence,” including in Planned Parenthood v. Casey and Roe v. Wade, “has no basis in the Constitution.”
“The problem I have, as noted in the Chief Judge’s opinion, is that I am not on the Supreme Court, and as a federal appellate judge, I am bound by my oath to follow all of the Supreme Court’s precedents, whether I agree with them or not,” Dubina wrote.
The opinion had no use for the politically correct language of “choice” and “women’s rights.”
“This case involves a method of abortion that is clinically referred to as Dilation and Evacuation (D & E). Or dismemberment abortion, as the state less clinically calls it. That name is more accurate because the method involves tearing apart and extracting piece-by-piece from the uterus what was until then a living unborn child,” he wrote.
And a year ago, eight members of the Alabama Supreme Court revived a wrongful death claim against a physician even though the life that was lost was that of a “pre-viable” unborn child.
That ruling set the state in direct conflict with the Roe v. Wade decision.
The Alabama judges at the time criticized the Roe decision’s “incoherent standard” of viability.
The newest opinion notes that Alabama law states an unborn child is a person under the state’s intentional murder statute.
According to Liberty Counsel, “Justice Parker wrote separately to emphasize how broadly and consistently the law and judicial decisions in Alabama and around the country protect the rights of unborn children. This, Justice Parker said, contrasts with ‘the continued legal anomaly and logical fallacy that is Roe v. Wade.’”
In his opinion, Parker called on the Supreme Court to act: “It is my hope and prayer that the United States Supreme Court will take note of the crescendoing chorus of the laws of the states in which unborn children are given full legal protection and allow the states to recognize and defend the inalienable right to life possessed by every unborn child, even when that right must trump the ‘right’ of a woman to obtain an abortion.”
He said that by ensuring broad legal protections for unborn children, including under Alabama’s capital murder statutes, “we affirm once again that unborn children are persons with value and dignity equal to that of all persons.”
“There is a growing chorus of voices urging the Supreme Court to overrule its abortion decisions,” said Liberty Counsel founder Mat Staver. “The Supreme Court has created a constitutional aberration and caused incalculable harm by its abortion decisions. In 1992, Justice Kennedy voted with the majority to overrule Roe v. Wade, and then flipped his vote 30 days before the opinion was released to uphold Roe. It is time to correct course and overrule this horrible chapter in American and Supreme Court history.”
He continued: “We applaud Justice Tom Parker in calling on the Supreme Court to overturn the Roe v. Wade decision and once again protect precious children, women, and families. Abortion is simply a euphemism created by activists to soften what it really is: the murder of innocent unborn children.
“We must stop this human genocide. We must demand that the Supreme Court undo the horrendous ruling and make the womb a safe place again in America. As we hear about the horrible descriptions of the dismemberment of Jamal Ahmad Khashoggi, every breathing person naturally shutters. Yet, every day in America, helpless, preborn children are dismembered while they are still alive. We too must shutter at this horrible act and stop it.”
Parker is currently an associate justice of the Alabama Supreme Court and is running for the position of chief justice. Parker won the primary election on June 5, 2018.
In his new concurrence, Parker said a “person is a person, regardless of age, physical development, or location.”
“Baby Doe had just as much a right to life as did [mother] Erica Phillips. … Phillips was sentenced to death for the murder of two persons; Erica and Baby Doe were equally persons.”
He added: “In spite of voluminous state laws recognizing that the lives of unborn children are increasingly entitled to full legal protection, the isolated Roe exception stubbornly endures. … Some liberal justices on the United States Supreme Court adamantly defend the isolated Roe exception. I have written extensively explaining why the Roe exception lacks legal foundation and is patently illogical.”
The ruling, he said, “stands as an indictment against the United States Supreme Court.”
The only way it can continue, he said, is if the U.S. Supreme Court justices “insist, against all scientific evidence and reason, that unborn children are not human.”
Here’s Hoping Capital Crime Case Ends Roe v. Wade
John R. Houk
© October 20, 2018
STATE SUPREME COURT: ROE V. WADE ‘PATENTLY ILLOGICAL’
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