Alabama Judge Dismisses Father’s Wrongful Death Lawsuit Against Abortion Clinic


An Alabama man at the center of an unprecedented legal battle over the rights of his aborted six-week-old baby has had his case dismissed. 

Ryan Magers’ unborn baby was granted an estate by the state’s lower courts while Magers was given the right to act on behalf of it earlier this year, however,, his case has now  been dismissed by a judge in a higher court citing the baby as having no rights and the abortion being legal at the time as reasons for the decision. reports:

Ryan Magers sued the Alabama Women’s Center in Huntsville after his girlfriend aborted their unborn baby there against his will. In March, a Madison County judge granted his petition to represent the estate of his child, “Baby Roe,” and sue the abortion facility in a wrongful death lawsuit.

However, Madison County Circuit Judge Chris Comer dismissed the lawsuit, saying the abortion facility did not do anything unlawful, reports.

“…the Court finds that Plaintiff’s asserted claims for punitive money damages are not cognizable under Alabama law, including the Alabama Wrongful Death Act,” Comer wrote in his decision.

WHNT News 19 reports the judge also argued that Magers’ aborted baby did not have any legal rights, even though the lower court recognized “Baby Roe’s” estate.

“Although the plaintiff attaches great significance to the probate court`s issuance of letters of administration, the court finds said process to be ministerial in nature,” Comer wrote.

While the higher court refuses to recognize the rights of his unborn baby and relies on abortion being legal at the time as reason to dismiss the case, what is most disheartening is the fact that, currently, there are no laws supporting the rights of fathers to choose life for their unborn babies. Any attempts to give fathers the right to be involved in the abortion process, or prevention, have been struck down by the US Supreme Court.

Men are completely blocked out from the conversation concerning abortion, unless, of course, they are pro-abortion. This is completely unfair to fathers and implies that all men are detached and unconcerned about the fate of their unborn babies, which could not be further from the truth.

Not only do men have an interest in stopping abortion on the basis that it is immoral and has negative implications for society in general, but without men, there would be no babies to abort in the first place. These are their babies too!

Of course, there are some men who genuinely don’t care or who are pro-abortion, but Ryan Magers isn’t one of them, and he isn’t alone. Magers’ then-girlfriend had an abortion despite his pleading with her not to. He was very brave to take a stand for his unborn baby and to try to make a difference in the way the system regards fathers of unborn babies.

“I’m here for the men who actually want to have their baby,” Magers told ABC 31 in February. “I just tried to plead with her and plead with her and just talk to her about it and see what I could do, but in the end, there was nothing I could do to change her mind.”

This is a sad reminder of just how devastating abortion is for everyone involved. For far too long, men have been denied the right to an opinion and, even worse, denied the right to act as a father even when the mother chooses not to be a mother. There has to be a better way.

Prayer warriors, pray for Magers and his efforts and that his case will have far-reaching, positive implications for fathers everywhere. 


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