A class action lawsuit that was filed Tuesday against Democratic New York Gov. Andrew Cuomo and other state officials alleges that the state’s Reproductive Health Act is unconstitutional and enables domestic violence.
The Reproductive Health Act (RHA), passed in January 2019, changed definition of “person” under New York criminal law to exclude all unborn children, including those capable of surviving outside of the womb even without medical intervention. Under this new definition, an unborn child is no longer able to be considered the victim of a homicide.
Among the lawsuit’s plaintiffs are victims of domestic abuse, who claim the new definition incentivizes domestic violence by removing criminal penalties for the death of unborn children who die because their mothers were threatened or abused into having an abortion. The women are being represented by attorneys who are serving as special counsel to the Women’s Alliance Against Violence, an initiative of the Thomas More Society that challenges laws endangering women and children.