Oregon’s Hypocrisy

Equal treatment under the law is a cornerstone of our government—but one group of humans doesn’t get the same treatment as everyone else.

What does being born change about a child? Speaking strictly scientifically, nothing of consequence. A child minutes before birth is the same as a child minutes after birth: same physical capabilities, same level of development, both highly dependent on others, they even look more or less the same. Both dream, suck their thumbs, respond to mom’s voice, and feel pain.

But when it comes to both federal and state law, the difference between an unborn baby and a born one is huge. For example, how we prosecute cases of wrongful infant death.

Last week, the Washington Post gave an example that breaks my heart for many reasons. Sarah and Travis Mitchell of Oregon were sentenced to six years in prison for criminally negligent homicide because they refused to seek medical care for their premature baby girl, Ginnifer. Born at just 32 weeks, at just 3 pounds