As Southern Baptist churches in Florida turn their hearts and minds to the matter of the sanctity of human life this coming Lord’s Day, it’s appropriate to consider where things stand as a matter of law in the Sunshine State. How friendly or unfriendly is Florida law when it comes to protecting the unborn and providing pro-life alternatives to women with unplanned pregnancies?

In short, it’s a mixed picture of both pro-life gains as well as laws that are lagging behind other states concerning the sanctity of human life.

At the national level, two important pieces of legislation became law in recent years. Last November, President George W. Bush signed a law banning partial birth abortion after overwhelming majorities in the House of Representatives and the Senate adopted the bill - in spite of the opposition of both of our United States senators (for more on this and partial birth abortion, see my March 20, 2003, editorial, "Shame on Senators Graham and Nelson"). The adoption of this law is an important first step in helping Americans further understand the realities of human life at stake in the abortion debate.

The adoption of the Born-Alive Infant Protection Act — requiring that children who survive an abortion procedure receive appropriate, life-saving medical care — also was a critical victory for right-to-life advocates. Signed into law by President Bush on Aug. 5, 2002, this legislation — like the partial-birth law — helps focus Americans’ attention on the plight of the unborn in our land.

Still, because the Supreme Court has not yet repudiated the infamous Roe v. Wade (1973) decision, which legalized abortion-on-demand throughout all nine months of pregnancy, Americans live in a culture of death with respect to the unborn, and the legacy of Roe continues to have ominous implications for other issues within the sanctity of human life orbit. This can be clearly seen by the battles over human cloning, stem cell research and the ever-aggressive "right-to-die" lobby. Until the Supreme Court overturns Roe, the sanctity of human life remains in jeopardy in our land.

Closer to home, the Florida courts have regularly stood against efforts by the legislature and the governor to implement pro-life measures. Further, the legislature — and especially the Senate — has not always been friendly to the defense of human life in the Sunshine State.

Choose Life tags

On the positive side, Florida has led the nation with the "Choose Life" license plates. Signed into law by Gov. Jeb Bush in 1999, the specialty tags — with a crayon drawing of a boy and girl and the message "Choose Life" on a bright yellow background — went on sale in 2001 and since then has consistently been among the most popular license plates. Through the sale of the tags, more than $2.2 million has been raised for non-profit organizations in Florida that assist women in crisis pregnancies. With the assistance of Russell Amerling of Choose Life, Inc. (www.choose-life.org), many other states have followed Florida’s lead and approved their own versions of the tags. Although the pro-abortion lobby has attempted to have the courts declare the tags unconstitutional, Amerling and his band of volunteers have won every court battle in Florida, while the tags are undergoing various legal battles in many other states.

On the negative side of the sanctity of human life battle in Florida, even when the legislature has adopted pro-life legislation, the Florida courts — especially, the Florida Supreme Court — have stymied critical legislation to protect the unborn and women in crisis pregnancies.

As we reported last July, the Supreme Court struck down Florida’s modest parental notice law, which required minors to give 48 hours notice before they had an abortion (see: "State Supreme Court strikes down parental notification abortion law," July 17, 2003). This law merely required notice — not consent — for an abortion. Yet, the high court ruled that Florida’s constitution requires the "right to privacy," even for underage girls who must get permission to take baby aspirin in our schools. Some leaders in the legislature have called for an amendment to the state constitution to overturn the Supreme Court’s ruling in this case. Action on this front is expected in the upcoming session of the legislature.

"If a fetus is a person..."

Last week, Florida’s 5th District Court of Appeal upheld an Orlando judge’s ruling against Gov. Bush’s attempt to have a guardian appointed to protect the interests a severely retarded rape victim’s unborn child. In a split, 2-1 decision, the 5th District found that the unborn child is not recognized as a "person" under Florida law and that providing a guardian for the child is therefore unconstitutional. Seeing the (just) implications of a guardian’s appointment, Judge Richard Orfinger wrote, "If a fetus has rights, then all fetuses have rights. If a fetus is a person, then all fetuses are people, not just those residing in the womb of an incompetent mother."

While "J.D.S." — the initials of the woman — gave birth to the child last August, pro-abortion attorneys for the American Civil Liberties Union of Florida continued to pursue the case, seeing the appeal court’s ruling as "a victory ... because it upheld the constitutional rights of women." (For more on this story, see my May 29, 2003 editorial, "‘J.D.S.’ and her baby: Defending the defenseless".)

The 5th District practically invited the legislature to clarify state law on the appointment of guardians for unborn children — and the legislature should take-up the challenge.

On another front in the legislature, for two successive sessions, legislation requiring basic health and safety standards for facilities performing abortions has failed to advance beyond the House of Representatives. Under current Florida law, veterinarian clinics are subject to stricter scrutiny than are abortion clinics. The Women’s Health and Safety Act seeks to correct this obscene situation (for more information, see "Abortion clinic regs pass muster," April 17, 2003). Another attempt to pass this important legislation will be undertaken this year.

The legislature recently has also failed to adopt legislation banning the horrific practices of human cloning and stem cell research from aborted babies. Further attempts to enact pro-life legislation on this front may be the subject of activity in the upcoming session.

The sanctity of Terri’s life

Finally, the saga of Terri Schindler Schiavo has brought intense, international attention to the Sunshine State — especially since October when the legislature passed "Terri’s Law," permitting Gov. Bush to have the brain-damaged woman’s feeding tube re-inserted after it was removed by court action at the request of her husband. That the Florida courts have steadfastly stood against the sanctity of Terri’s life demonstrates the legislature must step-in to provide protection to people like Terri. This case has become a rallying point for the euthanasia lobby (see last week’s story, "Florida case draws international attention as Sanctity of Human Life Sunday nears").

Severe brain damage or other radical disabilities should be no invitation to snuffing out human life. If you doubt that, learn more about Terri’s story (our in-depth coverage, "Terri Schiavo: A life at stake," is available as a Special Report on our Web site) and look into the inspiring life of Joni Eareckson Tada — a quadriplegic who has achieved great things for God in spite of her disability (see, "A Heaven-made Activist," by Christianity Today).

It can be discouraging as we consider the state of the sanctity of human life in our nation and the enormous challenge in restoring a biblical worldview concerning the protection of human life. Nevertheless, as Christians we must be faithful in being "salt" and "light" to our culture (Matt. 5:13-16), no matter how difficult the battle or even whether we will succeed. This Sanctity of Human Life Sunday, Florida Baptists must re-commit ourselves to this moral imperative and to our obligation to give witness to the intrinsic value of every human life. Let us pray for — and work for — greater protection of human life in our state this year.