The latest headlines from our reporters across the US sent straight to your inbox each weekday Your briefing on the latest headlines from across the US
An Alabama judge has recognised the legal rights of an aborted foetus , allowing a man whose girlfriend ended her pregnancy at six weeks to sue the manufacturer of the pill she used and the clinic that gave it to her.
The decree, issued by Madison County probate judge Frank Barger, explicitly states that “Baby Roe” is a person and allows plaintiff Ryan Magers to name the foetus as a co-plaintiff in the suit for “wrongful death”.
Mr Magers, 19, said in court filings that when his girlfriend discovered she was pregnant in early 2017, he “repeatedly pleaded” with her to carry the pregnancy to term and give birth, but she wanted to have an abortion . His lawyers say that the case is the first of its kind in the US.
“It’s the first time in the country that an aborted foetus has been recognised as having legal rights,” Mr Magers’ attorney Brent Helms told Alabama local news outlet WHNT 19 .
Abortion-rights groups expressed alarm, saying Judge Barger’s decision sets a dangerous precedent.
Supreme Court strikes down abortion restrictionsShow all 23 1 /23Supreme Court strikes down abortion restrictions Supreme Court strikes down abortion restrictions Abortion rights activists hold placards outside of the US Supreme Court ahead of an expected ruling on abortion clinic restrictions on June 27, 2016 in Washington, DC.
Mandel Ngan/AFP/Getty
Supreme Court strikes down abortion restrictions An abortion rights activist holds placards outside of the US Supreme Court before the Court struck down a Texas law placing restrictions on abortion clinics on June 27, 2016 in Washington, DC. The US Supreme Court on Monday struck down a Texas law placing a raft of restrictions on abortion clinics, handing a major victory to the "pro-choice" camp in the country's most important ruling on the divisive issue in a generation.
Mandel Ngan/AFP/Getty
Supreme Court strikes down abortion restrictions WASHINGTON, DC - JUNE 27: Pro-life activists pray on the steps of the United States Supreme Court on June 27, 2016 in Washington, DC. In a 5-3 decision, the U.S. Supreme Court struck down one of the nation's toughest restrictions on abortion, a Texas law that women's groups said would have forced more than three-quarters of the state's clinics to close.
Pete Marovich/Getty
Supreme Court strikes down abortion restrictions WASHINGTON, DC - JUNE 27: Texas abortion provider Amy Hagstrom-Miller looks on as Nancy Northup, President of The Center for Reproductive Rights speaks to the media outside of the U.S. Supreme Court on June 27, 2016 in Washington, DC. In a 5-3 decision, the U.S. Supreme Court struck down one of the nation's toughest restrictions on abortion, a Texas law that women's groups said would have forced more than three-quarters of the state's clinics to close.
Pete Marovich/Getty
Supreme Court strikes down abortion restrictions An abortion rights activist holds placards outside of the US Supreme Court before the Court struck down a Texas law placing restrictions on abortion clinics on June 27, 2016 in Washington, DC. The US Supreme Court on Monday struck down a Texas law placing a raft of restrictions on abortion clinics, handing a major victory to the "pro-choice" camp in the country's most important ruling on the divisive issue in a generation.
Getty
Supreme Court strikes down abortion restrictions Texas abortion provider Amy Hagstrom-Miller wipes a tear as she walks down the steps of the United States Supreme Court with Nancy Northup, President of The Center for Reproductive Rights on June 27, 2016 in Washington, DC. In a 5-3 decision, the U.S. Supreme Court struck down one of the nation's toughest restrictions on abortion, a Texas law that women's groups said would have forced more than three-quarters of the state's clinics to close.
Pete Marovich/Getty
Supreme Court strikes down abortion restrictions Abortion rights activists cheer after the US Supreme Court struck down a Texas law placing restrictions on abortion clinics, outside of the Supreme Court on June 27, 2016 in Washington, DC. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close.
Mandel Ngan/AFP/Getty
Supreme Court strikes down abortion restrictions Abortion rights activists cheer after the US Supreme Court struck down a Texas law placing restrictions on abortion clinics, outside of the Supreme Court on June 27, 2016 in Washington, DC. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close.
Mandel Ngan/AFP/Getty
Supreme Court strikes down abortion restrictions WASHINGTON, DC - JUNE 27: Abortion rights activists Morgan Hopkins of Boston, left, and Alison Turkos of New York City, celebrate on the steps of the United States Supreme Court on June 27, 2016 in Washington, DC. In a 5-3 decision, the U.S. Supreme Court struck down one of the nation's toughest restrictions on abortion, a Texas law that women's groups said would have forced more than three-quarters of the state's clinics to close.
Pete Marovich/Getty
Supreme Court strikes down abortion restrictions Abortion rights activists cheer after the US Supreme Court struck down a Texas law placing restrictions on abortion clinics, outside of the Supreme Court on June 27, 2016 in Washington, DC. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close.
Getty
Supreme Court strikes down abortion restrictions WASHINGTON, DC - JUNE 27: Abortion rights activists Morgan Hopkins of Boston, left, and Alison Turkos of New York City, celebrate on the steps of the United States Supreme Court on June 27, 2016 in Washington, DC. In a 5-3 decision, the U.S. Supreme Court struck down one of the nation's toughest restrictions on abortion, a Texas law that women's groups said would have forced more than three-quarters of the state's clinics to close. (Photo by Pete Marovich/Getty Images)
Getty Images
Supreme Court strikes down abortion restrictions Abortion rights activist Morgan Hopkins of Boston, celebrates on the steps of the United States Supreme Court on June 27, 2016 in Washington, DC. In a 5-3 decision, the U.S. Supreme Court struck down one of the nation's toughest restrictions on abortion, a Texas law that women's groups said would have forced more than three-quarters of the state's clinics to close.
Pete Marovich/Getty
Supreme Court strikes down abortion restrictions Abortion rights activists embrace after the US Supreme Court struck down a Texas law placing restrictions on abortion clinics, outside of the Supreme Court on June 27, 2016 in Washington, DC. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close.
AFP/Getty Images
Supreme Court strikes down abortion restrictions Abortion rights activists hold placards outside of the US Supreme Court ahead of a ruling on abortion clinic restrictions on June 27, 2016 in Washington, DC. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close.
Mandel Ngan/AFP/Getty
Supreme Court strikes down abortion restrictions In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close.
Mandel Ngan/AFP/Getty
Supreme Court strikes down abortion restrictions Abortion rights activists cheer after the US Supreme Court struck down a Texas law placing restrictions on abortion clinics, outside of the Supreme Court on June 27, 2016 in Washington, DC. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close.
AFP/Getty Images
Supreme Court strikes down abortion restrictions Abortion rights activists cheer after the US Supreme Court struck down a Texas law placing restrictions on abortion clinics, outside of the Supreme Court on June 27, 2016 in Washington, DC. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close. / AFP / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
AFP/Getty Images
Supreme Court strikes down abortion restrictions Abortion rights activists cheer after the US Supreme Court struck down a Texas law placing restrictions on abortion clinics, outside of the Supreme Court on June 27, 2016 in Washington, DC. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close. / AFP / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
AFP/Getty Images
Supreme Court strikes down abortion restrictions Abortion rights activists embrace after the US Supreme Court struck down a Texas law placing restrictions on abortion clinics, outside of the Supreme Court on June 27, 2016 in Washington, DC. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close.
AFP/Getty Images
Supreme Court strikes down abortion restrictions Pro-choice activist, Alissa Manzoeillo, of Washington, D.C. waits for rulings in front of the U.S. Supreme Court on June 27, 2016 in Washington, DC. A ruling is expected in Whole Woman's Health v. Hellerstedt, a Texas case the places restrictions on abortion clinics, as well as rulings in the former Virginia Governor's corruption case and a gun rights case.
Pete Marovich/Getty
Supreme Court strikes down abortion restrictions Abortion rights activists cheer after the US Supreme Court struck down a Texas law placing restrictions on abortion clinics, outside of the Supreme Court on June 27, 2016 in Washington, DC. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas's abortion clinics to close.
Supreme Court strikes down abortion restrictions Abortion rights activists hold placards outside of the US Supreme Court ahead of an expected ruling on abortion clinic restrictions on June 27, 2016 in Washington, DC.
AFP/Getty Images
Supreme Court strikes down abortion restrictions Abortion rights activists hold placards outside of the US Supreme Court ahead of an expected ruling on abortion clinic restrictions on June 27, 2016 in Washington, DC.
AFP/Getty Images
It comes at a time when the idea of “foetal rights” – which recognises embryos and foetuses as separate from the women who carry them – is gaining currency in legislatures, courts and law enforcement agencies.
In one New Jersey case, a mother lost custody of her child when she had a vaginal birth instead of the C-section her doctors insisted was necessary.
In others, pregnant women who drank or took drugs – either illegal or prescribed – and then had miscarriages were accused of child abuse.
And dozens of states have passed foetal homicide laws that treat the unborn as a separate entity from the woman carrying them.
Ilyse Hogue, president of Naral Pro-Choice America, tweeted on Tuesday that the Alabama lawsuit is a “very scary case”. It asserts that a woman’s rights are “third in line” after the rights of a man who impregnates her and the foetus she aborts, she said.
“It has the potential to be used in other states, and it’s part of abortion opponents being emboldened ... and conservatives turning over every rock to see how they can ban abortion,” said Elizabeth Nash, who studies state legislation at the Guttmacher Institute, which supports abortion rights.
Legal experts say the case highlights the high stakes for abortion if a new conservative majority on the US Supreme Court should strike down Roe v Wade .
University of San Diego law professor Dov Fox said the high court has been clear that foetuses are not people and that a woman’s views on abortion trump her partner’s because she is the one to carry and deliver the baby.
But if foetuses are recognised as having rights equal to the women carrying them, it would open up tough legal and ethical questions.
“The implications would revolutionise our ability to use reproductive technologies, to access contraception – and potentially impose all kinds of restrictions on lives and freedoms of pregnant women,” Mr Fox said.
Arthur Caplan, a professor of bioethics at New York University, Langone, said the cases are “chipping away at the framework that allows abortion, by trying to protect foetal life and drawing a moral equivalency between a foetus and newborn”.
However, he said, “biological development matters in terms of how we treat an embryo or a foetus legally and morally,” which is why even many Americans who support abortion rights feel uncomfortable with the idea of third-trimester abortions.
Mr Magers’ case names the Alabama Women’s Centre for Reproductive Alternatives in Huntsville and an unknown pharmaceutical company that makes and distributes “a pill designed to kill unborn children” as defendants.
Hannah Ford, a spokesperson for Personhood Alabama, an anti-abortion group that has been assisting in the suit, said in a statement that Baby Roe “was cruelly robbed of life and silenced before entering the world or being able to personally voice complaint in court”.
Dalton Johnson, owner and administrator of the Alabama Women’s Centre, said he felt like this kind of case was “unprecedented, and we are assembling our legal team”.
The father of the woman in the lawsuit – who asked that his and his daughter’s names not be used, to protect their privacy – said his “family is really distraught”. He said his daughter was 16 and a high school senior, and Mr Magers was 19 and unemployed when they discovered that she was pregnant.
“We had a long discussion over what she was going to do when she got pregnant. And we said we would support her either way,” he said, adding: “They weren’t married, and I felt, legally, it was her right to make that decision.”
World news in picturesShow all 50 1 /50World news in pictures World news in pictures 30 September 2020 Pope Francis prays with priests at the end of a limited public audience at the San Damaso courtyard in The Vatican
AFP via Getty
World news in pictures 29 September 2020 A girl's silhouette is seen from behind a fabric in a tent along a beach by Beit Lahia in the northern Gaza Strip
AFP via Getty
World news in pictures 28 September 2020 A Chinese woman takes a photo of herself in front of a flower display dedicated to frontline health care workers during the COVID-19 pandemic in Beijing, China. China will celebrate national day marking the founding of the People's Republic of China on October 1st
Getty
World news in pictures 27 September 2020 The Glass Mountain Inn burns as the Glass Fire moves through the area in St. Helena, California. The fast moving Glass fire has burned over 1,000 acres and has destroyed homes
Getty
World news in pictures 26 September 2020 A villager along with a child offers prayers next to a carcass of a wild elephant that officials say was electrocuted in Rani Reserve Forest on the outskirts of Guwahati, India
AFP via Getty
World news in pictures 25 September 2020 The casket of late Supreme Court Justice Ruth Bader Ginsburg is seen in Statuary Hall in the US Capitol to lie in state in Washington, DC
AFP via Getty
World news in pictures 24 September 2020 An anti-government protester holds up an image of a pro-democracy commemorative plaque at a rally outside Thailand's parliament in Bangkok, as activists gathered to demand a new constitution
AFP via Getty
World news in pictures 23 September 2020 A whale stranded on a beach in Macquarie Harbour on the rugged west coast of Tasmania, as hundreds of pilot whales have died in a mass stranding in southern Australia despite efforts to save them, with rescuers racing to free a few dozen survivors
The Mercury/AFP via Getty
World news in pictures 22 September 2020 State civil employee candidates wearing face masks and shields take a test in Surabaya
AFP via Getty
World news in pictures 21 September 2020 A man sweeps at the Taj Mahal monument on the day of its reopening after being closed for more than six months due to the coronavirus pandemic
AP
World news in pictures 20 September 2020 A deer looks for food in a burnt area, caused by the Bobcat fire, in Pearblossom, California
EPA
World news in pictures 19 September 2020 Anti-government protesters hold their mobile phones aloft as they take part in a pro-democracy rally in Bangkok. Tens of thousands of pro-democracy protesters massed close to Thailand's royal palace, in a huge rally calling for PM Prayut Chan-O-Cha to step down and demanding reforms to the monarchy
AFP via Getty
World news in pictures 18 September 2020 Supporters of Iraqi Shi'ite cleric Moqtada al-Sadr maintain social distancing as they attend Friday prayers after the coronavirus disease restrictions were eased, in Kufa mosque, near Najaf, Iraq
Reuters
World news in pictures 17 September 2020 A protester climbs on The Triumph of the Republic at 'the Place de la Nation' as thousands of protesters take part in a demonstration during a national day strike called by labor unions asking for better salary and against jobs cut in Paris, France
EPA
World news in pictures 16 September 2020 A fire raging near the Lazzaretto of Ancona in Italy. The huge blaze broke out overnight at the port of Ancona. Firefighters have brought the fire under control but they expected to keep working through the day
EPA
World news in pictures 15 September 2020 Russian opposition leader Alexei Navalny posing for a selfie with his family at Berlin's Charite hospital. In an Instagram post he said he could now breathe independently following his suspected poisoning last month
Alexei Navalny/Instagram/AFP
World news in pictures 14 September 2020 Japan's Prime Minister Shinzo Abe, Chief Cabinet Secretary Yoshihide Suga, former Defense Minister Shigeru Ishiba and former Foreign Minister Fumio Kishida celebrate after Suga was elected as new head of the ruling party at the Liberal Democratic Party's leadership election in Tokyo
Reuters
World news in pictures 13 September 2020 A man stands behind a burning barricade during the fifth straight day of protests against police brutality in Bogota
AFP via Getty
World news in pictures 12 September 2020 Police officers block and detain protesters during an opposition rally to protest the official presidential election results in Minsk, Belarus. Daily protests calling for the authoritarian president's resignation are now in their second month
AP
World news in pictures 11 September 2020 Members of 'Omnium Cultural' celebrate the 20th 'Festa per la llibertat' ('Fiesta for the freedom') to mark the Day of Catalonia in Barcelona. Omnion Cultural fights for the independence of Catalonia
EPA
World news in pictures 10 September 2020 The Moria refugee camp, two days after Greece's biggest migrant camp, was destroyed by fire. Thousands of asylum seekers on the island of Lesbos are now homeless
AFP via Getty
World news in pictures 9 September 2020 Pope Francis takes off his face mask as he arrives by car to hold a limited public audience at the San Damaso courtyard in The Vatican
AFP via Getty
World news in pictures 8 September 2020 A home is engulfed in flames during the "Creek Fire" in the Tollhouse area of California
AFP via Getty
World news in pictures 7 September 2020 A couple take photos along a sea wall of the waves brought by Typhoon Haishen in the eastern port city of Sokcho
AFP via Getty
World news in pictures 6 September 2020 Novak Djokovic and a tournament official tends to a linesperson who was struck with a ball by Djokovic during his match against Pablo Carreno Busta at the US Open
USA Today Sports/Reuters
World news in pictures 5 September 2020 Protesters confront police at the Shrine of Remembrance in Melbourne, Australia, during an anti-lockdown rally
AFP via Getty
World news in pictures 4 September 2020 A woman looks on from a rooftop as rescue workers dig through the rubble of a damaged building in Beirut. A search began for possible survivors after a scanner detected a pulse one month after the mega-blast at the adjacent port
AFP via Getty
World news in pictures 3 September 2020 A full moon next to the Virgen del Panecillo statue in Quito, Ecuador
EPA
World news in pictures 2 September 2020 A Palestinian woman reacts as Israeli forces demolish her animal shed near Hebron in the Israeli-occupied West Bank
Reuters
World news in pictures 1 September 2020 Students protest against presidential elections results in Minsk
TUT.BY/AFP via Getty
World news in pictures 31 August 2020 The pack rides during the 3rd stage of the Tour de France between Nice and Sisteron
AFP via Getty
World news in pictures 30 August 2020 Law enforcement officers block a street during a rally of opposition supporters protesting against presidential election results in Minsk, Belarus
Reuters
World news in pictures 29 August 2020 A woman holding a placard reading "Stop Censorship - Yes to the Freedom of Expression" shouts in a megaphone during a protest against the mandatory wearing of face masks in Paris. Masks, which were already compulsory on public transport, in enclosed public spaces, and outdoors in Paris in certain high-congestion areas around tourist sites, were made mandatory outdoors citywide on August 28 to fight the rising coronavirus infections
AFP via Getty
World news in pictures 28 August 2020 Japanese Prime Minister Shinzo Abe bows to the national flag at the start of a press conference at the prime minister official residence in Tokyo. Abe announced he will resign over health problems, in a bombshell development that kicks off a leadership contest in the world's third-largest economy
AFP via Getty
World news in pictures 27 August 2020 Residents take cover behind a tree trunk from rubber bullets fired by South African Police Service (SAPS) in Eldorado Park, near Johannesburg, during a protest by community members after a 16-year old boy was reported dead
AFP via Getty
World news in pictures 26 August 2020 People scatter rose petals on a statue of Mother Teresa marking her 110th birth anniversary in Ahmedabad
AFP via Getty
World news in pictures 25 August 2020 An aerial view shows beach-goers standing on salt formations in the Dead Sea near Ein Bokeq, Israel
Reuters
World news in pictures 24 August 2020 Health workers use a fingertip pulse oximeter and check the body temperature of a fisherwoman inside the Dharavi slum during a door-to-door Covid-19 coronavirus screening in Mumbai
AFP via Getty
World news in pictures 23 August 2020 People carry an idol of the Hindu god Ganesh, the deity of prosperity, to immerse it off the coast of the Arabian sea during the Ganesh Chaturthi festival in Mumbai, India
Reuters
World news in pictures 22 August 2020 Firefighters watch as flames from the LNU Lightning Complex fires approach a home in Napa County, California
AP
World news in pictures 21 August 2020 Members of the Israeli security forces arrest a Palestinian demonstrator during a rally to protest against Israel's plan to annex parts of the occupied West Bank
AFP via Getty
World news in pictures 20 August 2020 A man pushes his bicycle through a deserted road after prohibitory orders were imposed by district officials for a week to contain the spread of the Covid-19 in Kathmandu
AFP via Getty
World news in pictures 19 August 2020 A car burns while parked at a residence in Vacaville, California. Dozens of fires are burning out of control throughout Northern California as fire resources are spread thin
AFP via Getty
World news in pictures 18 August 2020 Students use their mobile phones as flashlights at an anti-government rally at Mahidol University in Nakhon Pathom. Thailand has seen near-daily protests in recent weeks by students demanding the resignation of Prime Minister Prayut Chan-O-Cha
AFP via Getty
World news in pictures 17 August 2020 Members of the Kayapo tribe block the BR163 highway during a protest outside Novo Progresso in Para state, Brazil. Indigenous protesters blocked a major transamazonian highway to protest against the lack of governmental support during the COVID-19 novel coronavirus pandemic and illegal deforestation in and around their territories
AFP via Getty
World news in pictures 16 August 2020 Lightning forks over the San Francisco-Oakland Bay Bridge as a storm passes over Oakland
AP
World news in pictures 15 August 2020 Belarus opposition supporters gather near the Pushkinskaya metro station where Alexander Taraikovsky, a 34-year-old protester died on August 10, during their protest rally in central Minsk
AFP via Getty
World news in pictures 14 August 2020 AlphaTauri's driver Daniil Kvyat takes part in the second practice session at the Circuit de Catalunya in Montmelo near Barcelona ahead of the Spanish F1 Grand Prix
AFP via Getty
World news in pictures 13 August 2020 Soldiers of the Brazilian Armed Forces during a disinfection of the Christ The Redeemer statue at the Corcovado mountain prior to the opening of the touristic attraction in Rio
AFP via Getty
World news in pictures 12 August 2020 Young elephant bulls tussle playfully on World Elephant Day at the Amboseli National Park in Kenya
AFP via Getty
He said his daughter and Mr Magers are no longer together.
The lawsuit is part of a series of efforts by anti-abortion activists to elevate the moral and legal status, or “personhood”, of a foetus, embryo or even a fertilised egg, to that of a person.
Last year, voters in Alabama – one of the most conservative states in the country when it comes to abortion – passed an amendment to the state’s constitution that recognises the rights of the unborn with a 59 per cent yes vote.
Gualberto Garcia Jones, president of the Washington-based Personhood Alliance, said on Wednesday that he is “very hopeful that Alabama will continue to lead the country in standing up for the rights of the pre-born”.
Support free-thinking journalism and attend Independent events In addition to Alabama, Kansas and Missouri have personhood language on the books, and Louisiana passed a 1986 law that gives embryos the status of a “juridical person”. But many other efforts have been unsuccessful.
A 2011 legal challenge to embryonic stem-cell research based on the personhood argument was dismissed when a judge demanded more information about the “identity” of the individual embryo.
And a highly publicised dispute involving actress Sofia Vergara and her ex-fiance Nick Loeb over their two frozen embryos – stored in California – has continued for years in Louisiana without resolution. (Mr Loeb wants to use them and has named them Emma and Isabella and set up a trust fund for them, while Ms Vergara does not want to use them.)
Adrienne Kimmell, the Naral Pro-Choice America vice president, called such efforts “chilling” to women’s rights.
“It represents the real-life consequences of anti-choice ‘personhood’ policies,” she said, “which, by design, seek to demote the fundamental rights of women, and are a stepping stone in the anti-choice movement’s ultimate goal of criminalising abortion and punishing women.”
Washington Post
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies