The following is a draft of model legislation for introduction as either legislation, referendums, or state constitutional amendments. It is a template which can (and should) be adapted to fit the requirements of a specific state’s legal requirements for proposed legislation. That said, it is a great proof of concept and we strongly recommend urging your pro-life legislators introducing this legislation.
What this model legislation does
- Explicitly stating the humanity and therefore rights of the preborn child
- Establishing equal protection under the law for the preborn child (therefore all criminal and civil laws of justice now effectually protect the preborn without additional legislation)
- Asserts the State’s rights under the 10th Amendment to disregard federal actions permitting or regulation abortion
- Refuses to acknowledge or comply with any federal lawsuit regarding the legislation — the state is not going to acknowledge its rights under the 10th then be told by the feds it doesn’t have those rights.
- Permits state and government officials operating in the state to be held criminally and civilly liable for engaging in actions which violate the act (i.e., mail carriers delivering abortion pills)
- Repeals and/or supersedes all past state laws regarding abortion to ensure there are no loopholes
Find Your State Legislators
It’s important you not only read this legislation, but forward it to your state legislators. We recommend copying and pasting the text into the body of the email (highlight everything in the red box below, RIGHT click, select “copy”, then to paste, go to your email message, RIGHT click again, select “paste”).
To find out who your state legislators are, visit this state legislator lookup tool from Open States. It’s quick, free and secure. This link opens in a new window/tab. Make sure you’re contacting your STATE representatives. This is STATE level legislation and is NOT intended nor is compatible to be introduced at the federal level. We’re working on streamlining this process in this future.
The Text of the Act to Nullify Abortion
AN ACT TO NULLIFY AND ABOLISH ABORTION
BE IT ENACTED BY THE LEGISLATURE OF THE STATE
SECTION I. Equal Protection
- A living human child, from the moment of fertilization upon the fusion of a human spermatozoon with a human ovum, is entitled to the same rights, powers, and privileges as are secured or granted by the laws of this state to any other human child
- The preborn human child is guaranteed equal protection under the law.
SECTION II. FEDERAL GOVERNMENT
- Any federal statute, regulation, executive order, or court decision which purports to supersede, stay, or overrule this Act is in violation of the STATE Constitution and the Constitution of the United States of America and is therefore void. The STATE and its political subdivisions, and agents thereof, may not enter an appearance, special or otherwise, in any federal suit challenging this Act.
- The Legislature of the STATE declares that all federal acts, laws, orders, rules, regulations — past, present or future — regarding regulation or permissibility of abortion are in violation of the STATE Constitution and the Constitution of the United States of America and are therefore void, and are hereby declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.
- The attorney general shall direct state agencies to enforce these laws regardless of any contrary or conflicting federal statutes, regulations, executive orders, or court decisions.
- Federal employees and agents who violate the statues of this act, and/or who’s actions may lead to the death of an unborn human child in this state through their violation of this act, may be held criminally and civilly liable.
SECITON III. STATE GOVERNMENT
- This act supercedes and voids all past and present state acts, laws, orders, rules, and regulations regarding the permissibility and regulation of abortion, except where any prior act may provide a greater protection to the preborn human child provide in Section I of this act.
- Any individual representative of the STATE, its political subdivisions, and/or its agents thereof, found in violation of the the statues of this act, may be found liable to criminal and civil penalties to the fullest extent under the law.
SECTION IV. NOT RETROACTIVE.
- The changes in law made by this Act apply only to conduct that occurs on or after the effective date of this Act. Conduct that occurs before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.
- The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.
SECTION V. SEVERABILITY
The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
SECTION VI. EFFECTIVE DATE
This act takes effect upon passage of this act by [popular vote of the People/the Legislature] of the STATE in pursuance of the laws of the STATE.