The trial judge agreed, finding that previous state cases required a fetus to be "born alive" to have a legal claim. An appellate court upheld the dismissal on other grounds. Stodghill's attorneys are now asking the state Supreme Court to hear the case.
The arguments were first reported on Jan. 23 by The Colorado Independent and Westword and set off a firestorm because of Catholic health groups' past stances on such issues. The trade group representing Catholic Hospitals opposed a provision of the federal health care law mandating that birth control be covered by insurance.
In their Monday statement, Denver Archbishop Samuel J. Aquila, Colorado Springs Bishop Michael Sheridan and Pueblo Bishop Fernando Isern said: "Catholic healthcare institutions are, and should, be held to the high standard of Jesus Christ himself."
They and CHI pledged not to argue against fetal personhood further in the case. They also said they and CHI sympathize with the Stodghill family.
Attorney Timms Fowler, who wrote a brief on behalf of the Colorado Trial Lawyers Association in the case, doesn't believe that allowing lawsuits over wrongfully killed fetuses leads to giving them the same rights as human beings. He said there is a difference between "the duty owed by a stranger to the mother and the unborn child" and the mother's own decisions about the fetus' future.
"To die by the wrongful conduct of a stranger, you don't have to be a walking, talking, full person," Timms said, stressing he was speaking for himself and not the association.
Last Monday, no church representatives testified as a state legislative committee considered a proposal to make it a crime to kill a fetus. Republican Rep. Janak Joshi said his measure was not meant to wade into abortion politics but rather enable prosecutors to file additional charges in cases like the Aurora movie theater shooting. One victim was so severely wounded during the July massacre that she miscarried, but prosecutors could not file murder charges on her unborn child's behalf.
Witness Heather Surovik told the committee about how a drunken driver injured her last year and killed her 8 1/2-month-old unborn son, Brady. At the hospital, the emergency staff removed him from her body and dressed his corpse in infant clothes. Prosecutors could not file vehicular manslaughter charges because Brady was not legally a person.
Democrats and an attorney for Planned Parenthood argued that Joshi's measure, as written, could enshrine legal rights for fetuses in state law and lead to an abortion ban. The committee voted it down, but Democrats later unveiled their own bill that would make it a crime to kill a fetus during a criminal act committed against a pregnant woman. That measure specifically states that the intent is to neither outlaw abortions nor give unborn children additional rights.
A hearing on that proposal is scheduled later this month.
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