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‘Innocent Life Was Taken’: Teen Dad Sues Clinic on Behalf of His Aborted Baby in Landmark Case

Photo by Charles McQuillan/Getty Images
Photo by Charles McQuillan/Getty Images
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By Will Maule
Author

March 7, 2019

An Alabama judge has ruled that a 19-year-old will be permitted to sue the abortion clinic that terminated the life of his unborn child. Ryan Magers, 19, of Madison County, has alleged that his girlfriend attained a medication abortion in 2017, despite his repeated protests that she let the child live.

Incredibly, Madison County probate court Judge Frank Barger ruled that the murdered child, “Baby Roe,” must be recognized as a plaintiff in the case filed against Alabama Women’s Center for Reproductive Alternatives in Huntsville — the clinic where the abortion took place.

The unprecedented move comes after the passing of an amendment that granted certain legal rights to unborn babies. Alabama’s “personhood law,” or Amendment 2, was passed during last year’s midterms and requires the state to recognize the rights of unborn children.

“I just tried to plead with her and plead with her and just talk to her about it and see what I could do, but in the end, there was nothing I could do to change her mind,” Magers told WAAY-TV, adding it was “like my whole world fell apart” when his girlfriend decided to terminate the pregnancy.

The case filing specifies that “between the discovery of the pregnancy and the date of the appointment, Plaintiff repeatedly pleaded with the Mother not to kill Baby Roe.” Tragically, the girlfriend still went ahead with the procedure, terminating the baby at around six weeks gestation.

Now, Mager is determined to fight for his rights as the father of this baby and to take a stand on behalf of all the men who are desperate to see their own child live.

“Every child from conception is a baby and deserves to live,” Magers declared. “I’m here for the men who actually want to have their baby.”

Magers’ attorney, Brent Helms, added that the legal victory was “the first one of its kind, ever.”

“Baby Roe’s innocent life was taken by the profiteering of the Alabama Women’s Center and while no court will be able to bring Baby Roe back to life, we will seek the fullest extent of justice on behalf of Baby Roe and Baby Roe’s father,” Helms said in a statement. “The time is ripe for consistency in Alabama’s jurisprudence: either we fully acknowledge the personhood of the unborn or we cherry pick which innocents we protect and which ones we trash for profit.”

Following the landmark ruling, Personhood Alabama spokeswoman Hannah Ford told LifeSiteNews that the case is  a “timely reminder that every single abortion committed is a chilling assault on a precious and innocent human life.”

What does the personhood law say?

Amendment 2, which passed by a voting margin of 59.01-40.99 percent, outlines the state’s responsibility to recognize “the sanctity of unborn life and the rights of unborn children, including the right to life” and to “ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate.”

Finally, the law frees the state of Alabama from being required to secure the right or funds required to attain an abortion. “Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion,” the law notes.

The legislator who sponsored the bill, Rep. Matt Fridy (AL-R), hopes that the new provision will protect Alabama’s pro-life status should the leanings of the Supreme Court change dramatically.

“We don’t know from generation to generation what the composition of the Alabama Supreme Court is going to be,” Fridy told AL.com last year. “Things change quickly, and you can look at a lot of issues, even recently, to see significant change, judicial change, that’s come about much faster than anybody had ever anticipated.”

Many experts anticipate that the “Baby Roe” case will eventually find its way up to the Supreme Court.

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