Washington’s Dangerous Move Toward Effectively Legalizing Infanticide

We at the ACLJ have sent a formal legal letter to Governor Bob Ferguson of Washington urging him to veto Senate Bill 5093 (SB5093) – a deceptively titled piece of legislation that, if enacted, would strip away crucial legal protections for newborns and victims of abuse and human trafficking. Despite its misleading title, “An Act Relating to Dignity in Pregnancy Loss,” the bill undermines that very dignity and the sanctity of human life.

We oppose this bill not just on behalf of the ACLJ but on behalf of 15,718 Washington residents who stand for life, of which 12,873 explicitly oppose allowing babies born alive after botched abortions or other nefarious means to be left to die – a practice this bill would effectively legalize.

What SB5093 Really Does

At the heart of our concern is the bill’s repeal of Washington statute § 9.02.050, which criminalizes the concealment of a child’s birth. This law plays a vital role in protecting both mothers and infants from abuse, violence, and exploitation. Its removal opens the door for infanticide to be carried out without fear of legal consequence, very relevant in cases involving trafficking, coercion, or domestic abuse. As we explained in our letter, “By decriminalizing the concealment of the remains of a child who was born alive and then died, it legalizes infanticide.”

Further, instead of bolstering investigations into suspicious infant deaths, SB5093 removes the coroner’s jurisdiction to investigate the death of an infant after a botched abortion. Specifically, the bill strikes a key phrase from current law, removing the ability of the coroner to investigate “where death results from a known or suspected abortion.” This dangerous bill effectively legalizes infanticide.

Legal and Constitutional Conflicts

SB5093 is inconsistent with existing Washington law. If passed, it would directly conflict with – and potentially invalidate – multiple criminal statutes, including those concerning murder, manslaughter, and unlawful disposal of remains. Even more alarming, the bill does nothing to ensure that newborns in these circumstances receive basic lifesaving care.

Under current law (Wash. Rev. Code § 18.71.240), infants born alive during abortion procedures must be given the same medical care as premature babies. SB5093, however, effectively legalizes disposing of the remains of a baby who was born alive after a botched abortion and removes the ability to investigate a “suspected abortion,” thereby making it nearly impossible to enforce, creating a disturbing and unconstitutional disparity in equal protection under the law.

A Theoretical “Weaponization”

Supporters of SB5093 argue it is necessary to protect grieving mothers from prosecution. However, there is no evidence that Washington’s Concealing Birth statute has ever been abused for such purposes. Even proponents of the bill admit the law is rarely used. The push to repeal it appears to be based more on fearmongering and hypothetical scenarios than facts.

The reality is that the supporters of the bill come right out and say exactly what they are doing: blocking “investigations of certain abortions.” They want to conceal the truth about abortion, including late-term abortions and infanticide. There is only one reason to do that, and that is to radically expand abortion and effectively legalize some of the worst forms of abortion.

Protect the Vulnerable – Veto SB5093

This bill does not offer dignity. It offers legal ambiguity, a weakening of law enforcement investigating authority, and effectively removes legal protections for infants who are born alive. It also denies victims’ families the right to seek justice, creating a tragic two-tier system of justice where the most defenseless – infants – are denied any recognition under the law.

We urge Governor Ferguson to reject this misguided and dangerous legislation.

Life deserves dignity. Justice deserves clarity. Infants deserve protection.

We demand that Governor Ferguson veto SB5093.

Sign Our Petition To Demand Congress Pass the Born-alive Abortion Survivors Protection Act: https://aclj.org/pro-life/demand-congress-pass-the-born-alive-abortion-survivors-protection-act

Sign Our Petition To Stop Barbaric New Abortion Laws: https://aclj.org/pro-life/stop-barbaric-new-abortion-laws