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Judge strikes down part of Texas pro-life law; 20 week abortion ban untouched

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Ben Johnson
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AUSTIN, TX, October 28, 2013 (LifeSiteNews.com) – A federal judge has blocked a provision in Texas' new abortion law requiring abortionists to have admitting privileges at a local hospital, and amended a section putting in place new safety regulations for the use of RU-486. However, provisions in the bill that ban abortion at 20 weeks and that require abortion facilities to meet the same standards as ambulatory surgical facilities remain in place.

In striking down the admitting privileges section, U.S. District Judge Lee Yeakel said that abortionists' inability to admit an injured woman to a local hospital has “no rational relationship to improved patient care.”

The state had hoped the law, which said abortionists must have admitting privileges at a hospital within 30 miles, would reduce patient abandonment, in which abortionists turn a woman over to a hospital without giving the emergency room sufficient information about the patient's condition. Planned Parenthood has been accused of such a failure of care in the case of Tonya Reaves, who bled to death after an abortion in Chicago last year. But Judge Yeakel ruled even the Texas law would gave no assurance such behavior would be “assuaged.”

Yeakel added that the fact that the provision could force abortionists in remote areas out of business “places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus and is thus an undue burden to her.”

Another key section of the act – requiring that the abortion-inducing drugs RU-486 and misoprostol be administered according to FDA-accepted norms – was restricted in the 26-page opinion, which was issued the day before the law was to take effect.

Yeakel ruled the law could not be applied to women between 50 and 63 days gestation who are medically unable to have a surgical abortion and whose "life or health" is at risk.

Most medical abortions are not carried out according to the FDA-approved procedure, which Yeakel acknowledges “requires more of a physician's time” and is “marginally more expensive.”

Supporters of the new law had said that failing to follow FDA guidelines could put women's lives at risk.

“Women have died when given life-ending drugs against the advice of the FDA,” said Dr. Charmaine Yoest, president of Americans United for Life. “Protecting women’s lives and health – inside or outside of an abortion clinic – should be an area of bipartisan agreement.”

"Blocking this law only puts vulnerable women in greater danger,” said Anna Higgins, director of the Center for Human Dignity at the Family Research Council.

The lawsuit, which was brought by Planned Parenthood, the ACLU, and a dozen abortionists, did not challenge the heart of the law - the prohibition on abortions after 20 weeks of pregnancy on the grounds that unborn children can feel pain. A section forcing abortion facilities to meet the same standards as ambulatory surgical facilities beginning in 2014, which critics say could close dozens of abortion facilities, was also ignored. Only five of the state's 42 abortion facilities meet the new standards.

Texas' elected leaders promised a swift legal response. Attorney General Greg Abbott, who is running for the Republican nomination for governor in 2014, said he will appeal the case to the Fifth Circuit Court of Appeals in New Orleans, but said he could see it going to the U.S. Supreme Court.

Governor Rick Perry, who signed the law, said the ruling “will not stop our ongoing efforts to protect life and ensure the women of our state aren't exposed to any more of the abortion-mill horror stories that have made headlines recently.” He added that pro-life laws “reflect the will and values of Texans."

H.B. 2 became a flashpoint in the nation's culture wars this summer, as pro-life and pro-abortion activists from across the country streamed into Austin to sway lawmakers. Wendy Davis, who recently announced that she will be running for state governor, catapulted to national fame after a long filibuster against the bill, which only postponed its passage.

In his ruling, Yeakel called abortion “the most divisive issue to face this country since slavery.” But that has not kept the judge – who was appointed to the bench by President George W. Bush in 2003 – from weighing in on it before.

Last April, he struck down a law that would ban Planned Parenthood from receiving state funds. The Fifth Circuit Appeals Court overturned his ruling a month later.

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Lila Rose of Live Action called Yeakel an “activist judge” following today's ruling.

“Planned Parenthood prefers an abortion Wild West, where they can act with impunity and rake in extra cash by treating women like cattle in a meat market,” Rose said. “It's time for judges like Lee Yeakel to stop protecting the abortion industry's bottom line and remember what really counts: the safety of mothers and their babies.”


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UK quietly opens the door to genetic engineering, ‘3-parent’ embryos

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By Hilary White

Last month the UK’s Department of Health quietly redefined the term “genetic modification” to open the door to allow certain kinds of modification of human embryos – thus potentially making it the first country in the world to allow genetic engineering.

Scottish journalist Lori Anderson recently raised the alarm over the change in a column in the Scotsman, in which she alleged that the change is designed to “dupe” the British public into accepting “full-scale germline genetic engineering,” using human embryos as test subjects.

Anderson said that in July, the Department of Health “effectively re-wrote the definition of ‘genetic modification’ to specifically exclude the alteration of human mitochondrial genes or any other genetic material that exists outside the chromosomes in the nucleus of the cell.”

“The reason for doing this is that it believes it will be easier to sell such an advancement to the public if it can insist that the end result will not be a ‘GM baby’.”

This change follows a statement from the Human Fertilisation and Embryology Authority (HFEA), the government body that regulates experimental research on human embryos, approving the procedure to create an embryo from one couple’s gametes but with genetic material added from a third party donor, a procedure called in the press “three-parent embryos”.

Anderson quoted a statement from the Department of Health comparing this procedure to donating blood. The statement read, “There is no universally agreed definition of ‘genetic modification’ in humans – people who have organ transplants, blood donations, or even gene therapy are not generally regarded as being ‘genetically modified’. The Government has decided to adopt a working definition for the purpose of taking forward these regulations.”

This assertion was challenged by one of the UK’s leading fertility researchers, Lord Robert Winston, who told the Independent, “Of course mitochondrial transfer is genetic modification and this modification is handed down the generations. It is totally wrong to compare it with a blood transfusion.”

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The HFEA, which throughout its history has been known as one of the world’s most permissive regulatory bodies, has been working steadily towards allowing genetically modified embryos to be implanted in women undergoing artificial procreation treatments. In a document issued to the government last year, they called the insertion of mitochondrial DNA (mDNA) into embryos “mitochondrial donation” or “mitochondrial replacement”. mDNA is the genetic material found in the cytoplasm outside a cell’s nucleus, problems with which can cause a host of currently incurable genetic illnesses.

In the statement issued in June, the HFEA said the technique of inserting “donated” mDNA into already existing in vitro embryos, “should be considered ‘not unsafe’ for the use on a ‘specific and defined group of patients.’”

“Mitochondria replacement (or mitochondrial donation) describes two medical techniques, currently being worked on by UK researchers, which could allow women to avoid passing on genetically inherited mitochondrial diseases to their children,” the statement said.

The HFEA admitted that the techniques are “at the cutting edge of both science and ethics” and said that the results of a “public consultation” in 2012/13 were being examined by the government, which is considering “draft regulations”.

In June, the Society for the Protection of Unborn Children echoed Lori Anderson’s concern, commenting that the HFEA is attempting to deceive the public. Paul Tully, SPUC’s general secretary, said, “Human gene manipulation is being sold to a gullible public on a promise of reducing suffering, the same old con-trick that the test-tube baby lobby has been using for decades.” 

Any manipulation of human genetics, always breaks “several important moral rules,” entailing the creation of “human guinea-pigs,” Tully said. “Human germ-line manipulation and cloning – changing the genetic inheritance of future generations - goes against internationally-agreed norms for ethical science.”

He quoted Professor Andy Greenfield, the chairman of the scientific review panel that approved the techniques, who said that there is no way of knowing what effect this would have on the children created until it is actually done.

“We have to subject children who have not consented and cannot consent to being test subjects,” Tully said.

Altering the mDNA of an embryo is what cloning scientists refer to as “germline” alteration, meaning that the changes will be carried on through the altered embryo’s own offspring, a longstanding goal of eugenicists.

In their 1999 book, “Human Molecular Genetics” Tom Strachan and Andrew Read warned that the use of mitochondrial alteration of embryos would cross serious ethical boundaries.

Having argued that germline therapy would be “pointless” from a therapeutic standpoint, the authors said, “There are serious concerns, therefore, that a hidden motive for germline gene therapy is to enable research to be done on germline manipulation with the ultimate aim of germline-based genetic enhancement.”

“The latter could result in positive eugenics programs, whereby planned genetic modification of the germline could involve artificial selection for genes that are thought to confer advantageous traits.”


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Cable series portrays nun as back-alley abortionist

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By Ben Johnson
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'To depict a nun who performs an abortion is a new low,' said Bill Donohue, president of the Catholic League for Religious and Civil Rights.

The Cinemax TV series The Knick portrayed a Roman Catholic nun as a back alley abortionist who tells a Catholic woman God will forgive her for going through with the procedure.

In its latest episode, which aired Friday night, the series showed Sister Harriet (an Irish nun played by Cara Seymour) telling a Catholic woman named Nora, “Your husband will know nothing of it. I promise.”

“Will God forgive me?” Nora asked, adding, “I don't want to go to Hell for killing a baby.”

“He knows that you suffered,” the sister replied, before performing the illegal abortion off-screen. “I believe the Lord's compassion will be yours.” 

The period medical drama is set at the Knickerbocker Hospital (“The Knick”) in New York City around the turn of the 20th century, when abortion was against both civil and ecclesiastical law.

“It is no secret that Hollywood is a big pro-abortion town, but to depict a nun who performs an abortion is a new low,” Bill Donohue, president of the Catholic League for Religious and Civil Rights, said. “The only saving grace in this episode is the real-life recognition of the woman who is about to have the abortion: she admits that her baby is going to be killed.”

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The series is directed by Steven Soderbergh, known for such films as Erin Brockovich, the Oceans Eleven franchise, and Sex, Lies, and Videotape. More recently he directed The Girlfriend Experience, a film about prostitution starring pornographic actress Sasha Grey.

Critics have hailed his decision to include a black surgeon in circa 1900 America. But after last week's episode, the New York Times stated that The Knick has chosen to “demonstrate concern for other kinds of progress,” citing the depiction of the abortion. 


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Catholic Malta enacts ‘transgender’ employment discrimination law

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By Hilary White

An amendment to Malta’s Employment and Industrial Relations Act means that employment “discrimination” against “transsexuals” is now officially prohibited in the Catholic country. The provision, which was quietly passed in May, came into effect on August 12th.

The law allows those who believe they have a complaint to make a case with the National Commission for the Promotion of Equality, with an industrial tribunal or the courts. A government spokesman told local  media, “Employees do not need to prove that their employer has discriminated against them.”

“They only need to provide enough evidence pointing to a likely case of discrimination. The employer will then need to prove that discrimination has not taken place.”

The amendment defines illegal discrimination against “transgendered” people as, “in so far as the ground of sex is concerned, any less favourable treatment of a person who underwent or is undergoing gender reassignment, which, for the purpose of those regulations shall mean, where a person is considering or intends to undergo, or is undergoing, a process, or part of a process, for the purposes of reassigning the person’s sex by changing physiological or other attributes of sex.” 

Silvan Agius, Human Rights policy coordinator with the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties, told Malta Today newspaper that the new amendment brings Maltese law into harmony with EU law.

“This amendment is continuing the government’s equality mainstreaming exercise. The inclusion of gender reassignment in the Act also brings it in line with the anti-discrimination articles found in both Malta’s Constitution and the Equality for Men and Woman Act,” Agius said.

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Agius is a key member of the homosexual activist apparatus in Malta’s government working to entrench the ideology of gender in law in Malta and elsewhere. In June, he was a featured speaker, with the notorious British anti-Catholic campaigner Peter Tatchell, at a Glasgow conference organised by the Edinburgh-based Equality Network, a group that helps organise and train homosexualist campaign groups.

The amendment to the law follows promises made recently by the country’s equalities minister, Helena Dalli, to a “transgender” congress in Hungary in May. Dalli, who brought forward Malta’s recently passed same-sex civil unions bill, told a meeting of gender activists in Budapest that while her government’s focus had been mainly on homosexuals, that she would shortly be turning her attention to “trans” people.

“The next step now is a Bill towards the enactment of a Gender Identity law. A draft bill has been prepared and it has now been passed to the LGBTI Consultative Council for its vetting and amendment as necessary,” Dalli said.

“Some of you may be thinking that we are moving forward quickly. I have a different perspective though. We are doing what is right, what should have been done a long time ago,” she added.

Since the legalisation of divorce in 2011, Malta has been remarkable for its rapid adoption of the gender ideology’s agenda. In 2013, Malta was named the “fastest climber” on the Rainbow Europe Index, a survey organised annually by ILGA Europe, the leading homosexualist lobby group funded directly by the European Union.

The ILGA Europe report notes (p. 114) that Helena Dalli Helena “was one of 11 EU Member States’ equality ministers to co-sign a call for the European Commission to work on a comprehensive EU policy for LGBT equality.” The report also noted that although the new Labour government has proved cooperative, the Christian Democrat Nationalist Party has “progressively proved more receptive to LGBTI issues, including same-sex unions.”


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