New  Jersey: Say No to Roe Infanticide Act

by Marie Tasy

In the middle of a  pandemic, Governor Murphy and pro-abortion legislators are shamelessly championing the NJ Reproductive Freedom Act (S030/A4848), a radical bill with multiple components that ignores science, endangers the lives of women, causes more babies to die in abortion and will deprive the right of NJ citizens to vote on one of the most important human rights issues of our time.  It also seeks to restrain future legislatures’ authority to pass laws in accord with evolving scientific advances and contains a number of other grievous elements, some of which will be addressed in this op-ed.  In recent days, we have learned that Assemblyman Vincent Mazzeo (D-2, Northfield, NJ) whose district includes Atlantic County, has signed on to become a co-sponsor of this terrible bill.   

The legislation “explicitly guarantee, to every individual, the fundamental right to reproductive autonomy, which includes the right to contraception the right to abortion and the right to carry a pregnancy to term.”   The Act says that “it should be liberally construed to effectuate the purposes.”  Noticeably  absent in the Act is any language  limiting abortions at any period of gestation. 

Ultrasound has allowed us a window into the womb where we can witness a baby in utero and clearly see the beauty of  humanity and wonder of life that exists within the child,  a stage of life that existed at one time for all of us, and thankfully, still does.   The Act says a baby in utero “shall have no independent rights under the laws of this state,” stripping them of their life and dignity through inhumane procedures that would not be tolerated if they were done to a cat or dog.  The Act will permit these procedures to be done during all stages of pregnancy, even when the baby in utero is viable and full-term.  This is clearly not a position supported by the majority of people across our country and in our state.   

New Jersey already has one of the most permissive laws in the nation when it comes to abortion, but the Reproductive Freedom Act slides us down into the dark abyss even further.   Some of the few safety protections for women that have existed up until now will be completely eradicated by this Act.   That is because the Act specifically eliminates the rules and regulations promulgated by the NJ Board of Medical Examiners.

These include, but are not limited to, eliminating the requirement that only physicians licensed to practice medicine and surgery can perform abortions.  The Reproductive Freedom Act permits non-physicians to perform abortions and sets no limits on the performance of an abortion at any stage of pregnancy.  Since the Act completely voids the NJ Board of Medical Examiners regulations regarding termination of pregnancy and any other statute or laws that conflict with the Act’s purpose, it will also eliminate the safety protocol that required to be performed in a licensed hospital after 14 weeks gestation, as well as invalidate the Conscience Clause for health care workers. 

Currently, a disproportionate number of abortions in New Jersey are performed on women of color.  This Act will sadly increase the number of minority babies whose lives are ended in abortion and further place the lives of minority women in danger.  The sponsors claim that they have introduced the bill to ensure that all New Jerseyans have access to abortion, but the Act says residents, non-residents, minors, and those who are incarcerated, regardless of where they are domiciled, can get an abortion, paid for by NJ taxpayers.  Not only will this make NJ a national refuge for sex traffickers and others who exploit and abuse minors by bringing them to NJ to get an abortion, but it will also attract those who will do so from outside our U.S. borders as well. 

The Act also “exempts prosecution for individuals terminating or attempting to terminate the individual’s own pregnancy; or acting or failing to act in any manner with respect to the individual’s own pregnancy, based on the potential or actual impact on the individual’s own health or pregnancy.”  In addition, the bill eliminates the requirement that a medicolegal death investigation be conducted in a case where “a fetal death occurs without medical attendance.”  Whether it was the sponsors’ intentions or not, the language in the Act is so sweeping that it can be interpreted to prevent prosecution for the infanticide of a newborn infant. This will negate the effectiveness of NJ’s Safe Haven Infant Protection Law which has successfully saved the lives of 77 newborns since its enactment.  

Lastly, the Act will require all NJ health insurance companies and policies to cover abortion and coverage for contraceptives for a 12-month supply with no deductibles, no-co-insurance and no co-payments.  If the Act passes and becomes law, NJ taxpayers will be footing the bill for “individuals who are incarcerated, are living in government-funded institutions or are otherwise under governmental control or supervision” as well as “residents and those who come into the state” as stated in the Act. 

The Reproductive Freedom Act is full of abortion extremism that should be completely rejected by our citizens.   The fact that Governor Murphy and legislative sponsors are attempting to push it through the legislature during a pandemic is especially unconscionable.   The entire Legislature and Governor are up for re-election in 2021.   It’s time to show them we are watching and demand that they oppose the Act and withdraw it from consideration. 

Marie Tasy | Executive Director | New Jersey Right to Life
242 Old New Brunswick Road
Suite 340
Piscataway, NJ. 08854
P (732) 562 0562
F (732) 562 0563
mtasy@njrtl.org
www.njrtl.org