Texas Court: Fetus Death Can Be Murder

Texas laws allow the killing of a fetus to be prosecuted as murder, regardless of the fetus' stage of development, but they do not apply to abortions, the state's highest criminal court has ruled.

Wednesday's ruling by the Court of Criminal Appeals rejected an appeal by Terence Lawrence, who said his right to due process was violated because he was prosecuted for two murders for killing a woman and her 4- to 6-week-old fetus.

The court ruled unanimously that state laws declaring a fetus an individual with protections do not conflict with the U.S. Supreme Court's Roe v. Wade ruling that protects a woman's right to an abortion.

"The Supreme Court has emphasized that states may protect human life not only once the fetus has reached viability but 'from the outset of the pregnancy,'" the court said. "The Legislature is free to protect the lives of those whom it considers to be human beings."

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