Sarah Lovato, a resident of New Mexico, was pregnant and excited to be a mother. She had planned to name her son Isaac Ray and had proudly posted ultrasound pictures of him on her MySpace page. Sadly, on May 22nd Sarah, her father, and her unborn son were murdered by the father of the child, Mariano Leyba, Jr.
According to the Santa Fe New Mexican, police believe that the unborn child was targeted in this shooting. Originally, Leyba was going to be charged with three accounts of murder, but that has been dropped to two accounts of murder because under New Mexico Law unborn children, even if they are viable, are not considered to be human beings. The Santa Fe District Attorney said this about the murder of Isaac:
If they had taken (the mother) to the hospital and delivered the baby and it had taken one breath, then died, it would be homicide. But if the baby is killed in the womb, it’s not considered homicide under New Mexico law. It doesn’t matter if the fetus was targeted.
Apparently, under New Mexico law, one breath can transform a fetus into a baby; it can transform an entity with no rights into a human being whose rights are protected by law.
The fact that there is no penalty under New Mexico law for intentionally killing a viable, full-term unborn child is very disturbing to many residents of New Mexico and steps are already being taken to work to pass an Unborn Victims of Violence bill in the New Mexico legislature. Not surprisingly, pro-abortion groups often oppose fetal protection laws. As Professor Richard Parker has said, “Organizations like Planned Parenthood and the National Abortion Federation . . . oppose the Unborn Victims of Violence Act because they say that by legally enshrining fetal personhood it undermines Roe v. Wade.”
Advocating for the passage of fetal homicide laws, the mother of Laci Peterson said some strong words on this subject after Laci and her unborn son Connor had been killed:
What about mothers who survive criminal attacks but lose their babies? I don't understand how any senator can vote to force prosecutors to tell such a grieving mother that she didn't really lose a baby — when she knows to the depths of her soul that she did. This is a question not only of severity but of justice. … There were two bodies that washed up in San Francisco Bay, and the law should recognize that reality.
Previously, when state Rep. Larry Larranaga (R) introduced the “Unborn Victims of Violence Act” in the New Mexico legislature in 2005, the bill died in committee. According to a Newsweek poll, however, 84% of Americans support some type of fetal homicide law. Hopefully during the next legislative session New Mexico legislators consider their constituents’ wishes and will pass the Unborn Victims of Violence Act to help to bring justice for unborn victims of violence.
