§ 5-61-302 — [See Note] Legislative findings and intent

Arkansas § 5-61-302

• Jurisdiction: Arkansas
• Title: 5

Text

(a) The General Assembly finds that: (1) It is time for the United States Supreme Court to redress and correct the grave injustice and the crime against humanity which is being perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey; (2) The United States Supreme Court committed a grave injustice and a crime against humanity in the Dred Scott decision by denying personhood to a class of human beings, African-Americans; (3) The United States Supreme Court also committed a grave injustice and a crime against humanity by upholding the "separate but equal" doctrine in Plessy v. Ferguson which withdrew legal protection from a class of human beings who were persons under the United States Constitution, African-Americans; (4) A crime against humanity occurs when a government withdraws legal protection from a class of human beings resulting in severe deprivation of their rights, up to and including death; (5) In Brown v. Board of Education, the United States Supreme Court corrected its own grave injustice and crime against humanity created in Plessy v. Ferguson by overruling and abolishing the fifty-eight-year-old "separate but equal" doctrine, thus giving equal legal rights to African-Americans; (6) Under the doctrine of stare decisis, the three (3) abortion cases mentioned in subdivision (a)(1) of this section meet the test for when a case should be overturned by the United States Supreme Court because of significant changes in facts or laws, including without limitation the following: (A) The cases have not been accepted by scholars, judges, and the American people, as witnessed to by the fact that these cases are still the most intensely controversial cases in American history and at the present time; (B) New scientific advances have demonstrated since 1973 that life begins at the moment of conception and the child in a woman's womb is a human being; (C) Scientific evidence and personal testimonies document the massive harm that abortion causes to women; (D) The laws in all fifty (50) states have now changed through "Safe Haven" laws to eliminate all burden of child care from women who do not want to care for a child; and (E) Public attitudes favoring adoption have created a culture of adoption in the United States with many families waiting long periods of time to adopt newborn infants; (7) Before the United States Supreme Court decision of Roe v. Wade, Arkansas had already enacted prohibitions on abortions under § 5-61-101 et seq., and authorized the refusal to perform, participate, consent, or submit to an abortion under § 20-16-601 ; (8) Arkansas Constitution, Amendment 68, states that the policy of Arkansas is to protect the life of every unborn child from conception until birth and that public funds shall not be used to pay for any abortion except to save the life of the mother; (9) Arkansas passed the Arkansas Human Heartbeat Protection Act, § 20-16-1301 et seq., in 2013 which shows the will of the Arkansas people to save the lives of unborn children; (10) Arkansas has continued to pass additional legislation in 2015 and 2017 that further shows the will of the Arkansas people to save the lives of unborn children; (11) (A) Since the decision of Roe v. Wade, approximately sixty million sixty-nine thousand nine hundred seventy-one (60,069,971) abortions have ended the lives of unborn children. (B) In 2015, six hundred thirty-eight thousand one hundred sixty-nine (638,169) legal induced abortions were reported to the Centers for Disease Control and Prevention from forty-nine (49) reporting areas in the United States. (C) The Department of Health reports that three thousand two hundred forty-nine (3,249) abortions took place in Arkansas during 2017, including abortions performed on out-of-state residents; and (12) The State of Arkansas urgently pleads with the United States Supreme Court to do the right thing, as it did in one of its greatest cases, Brown v. Board of Education, which overturned a fifty-eight-year-old precedent of the United States, and reverse, cancel, overturn, and annul Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey. (b) It is the intent of this subchapter to ensure that abortion in Arkansas is abolished and protect the lives of unborn children.

Legislative History

Added by Act 2019, No. 180,§ 1. See section 2 ofAct 2019, No. 180 for effective date.