Ala Supreme Court rules: "nonviable fetuses have been regarded as persons." [View all]

MONTGOMERY, Alabama -- Alabama Supreme Court Justice Tom Parker took aim Friday at U.S. abortion law, using a DeKalb County case to call for states to reject the concept of "viability" of a fetus and give legal rights to the unborn.

The state court ruled unanimously Friday that a DeKalb County woman has the right to pursue a wrongful death claim against her doctors on behalf of her unborn child. The child was not old enough to live outside the womb, but a 2011 Alabama Supreme Court ruling said that such a claim could be filed even for a "pre-viable fetus." The decision did not break new legal ground in abortion law.

Snip:
"Roe's statement that unborn children are not 'persons' within the meaning of the Fourteenth Amendment is irrelevant to the question whether unborn children are 'persons' under state law," Parker wrote.

http://blog.al.com/breaking/2012/02/alabama_supreme_court_justice.html