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OpinionMay 2, 1995

Since 1986, Missouri has, by legislative action, held that life begins at conception. This claim, which was upheld in a landmark 1989 decision by the U.S. Supreme Court, passed another test last week when the Missouri Supreme Court extended coverage to unborn children...

Since 1986, Missouri has, by legislative action, held that life begins at conception. This claim, which was upheld in a landmark 1989 decision by the U.S. Supreme Court, passed another test last week when the Missouri Supreme Court extended coverage to unborn children.

At issue was a wrongful death claim involving a woman who was four months pregnant and who died in an automobile accident. Missouri's wrongful death statute had never been updated to include the life-begins-at-conception definition. The state's high court had ruled as early as 1983 that an unborn child who was "viable," or capable of living on its own, could be the subject of legal action in wrongful death lawsuits.

Last week's decision, in keeping with the spirit of the General Assembly's intent in its passage of the 1986 abortion law, broadened the legal coverage in wrongful deaths to any unborn child. This means fetuses are legally protected, at least in this instance, from conception.

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Despite the legislative action and court rulings, the state continues to allow abortions in certain circumstances. The Missouri Senate is likely this week to debate a bill that would require counseling before a woman could have an abortion. The bill, if passed, also would likely be vetoed by pro-choice Gov. Mel Carnahan, who has said he doesn't want to put more obstacles in the way of a woman seeking a legal abortion.

Many Missourians continue to be confused by the state's abortion stance. On the one hand the state contends life begins at conception, as embraced by the recent Supreme Court decision regarding wrongful deaths, yet on the other hand allows abortions in some instance.

It is difficult to understand, given these opposites, why requiring a woman to receive counseling before an abortion is such a stumbling block for some legislators and the governor.

The proposed counseling legislation is tough for legislators. Already proponents of the bill have tied up the legislative process in a showdown, which they won, with House Speaker Bob Griffin. But legislators also know that they are being closely watched by the folks at home, many of whom oppose abortion.

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