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Bush Signs Law Legalizing Prenatal Marriage

April 1, 2004

Law makes America first nation to offer marriage to the unborn.

Correction appended

WASHINGTON—President Bush yesterday signed legislation paving the way for federal recognition of marriages formed between fetuses.

In a small signing ceremony in the East Room, Bush signed the new law, which is the latest in a series of new laws aimed at securing expanded rights for unborn children. According to President Bush, “this law is necessary because it further affirms our nation’s support for the rights of the unborn, while emphasizing the importance of saving sexual relations for its rightful place, from within the confines of a traditional, heterosexual marriage.”

Bush signed a related law on Tuesday making it a separate offense to harm an unborn child while committing a violent crime against a pregnant woman.

Unlike that legislation, however, the Fostering Unborn Children’s Civil Rights (FUCCR) Act signed today was met with little resistance from lawmakers on either side of the aisle. The measure received final approval March 31, when the Senate passed it 69-30. The House approved it only two weeks earlier, 285-123.

Republican Senator from Pennsylvania Rick Santorum said, “This is legislation that enjoyed broad bipartisan support. It has the strong support of the American people. It will do much to prevent the spread of man-on-man, man-on-dog, and other sorts of unlawful copulation that have become prevalent in modern society.”

Standing behind Bush as he spoke were Jeremy and Ellen Adams and Ron and Sheila Roberts, both of Louisville, Kentucky, as well as several members of Congress. The Adams’ unborn daughter Kate and the Roberts’ soon-to-be first son Ronald Jr. are the first fetuses to have marriage licenses applied for on their behalf. Their parents have planned a small ceremony in Louisville for next week.

“I am very proud of our president for taking a strong stand on this issue,” said Ellen Adams, the mother of the fetal-bride-to-be. “It is so important that our nation recognize the basic civil liberties that are bestowed upon us from the moment of conception.”

Despite the defeat of a last-minute amendment by Sen. Dianne Feinstein (D-CA) that would have extended marriage rights to homosexual fetuses, the bill found significant support by Democrats in both chambers.

“While it is disappointing that the Republicans’ accommodation to conservative Christians did not allow us to extend marriage rights as far as we had hoped, this bill is still an important first step toward that goal,” said House Minority Leader Nancy Pelosi.

Under the new law, expectant parents will be allowed to apply for marriage licenses in their name of their fetus, as well as to speak for their fetus during the wedding ceremony. The law, however, contains no provision for prenatal divorce, an issue likely to come under increased scrutiny due to a lawsuit planned by the American Civil Liberties Union.

“We just want to be sure all the necessary legal protections are in place,” said Elizabeth Ott, an ACLU spokesperson. “We support this measure as much as the next person, but there must be a system in place to protect fetuses in abusive and destructive relationships.”

Rep. Dennis Kucinich (D-OH), who unsuccessfully tried to amend the bill during House debate to include such a provision, wrote Bush on Friday asking him to make clear as he signed it that the divorce issue should be addressed in the near-future, but Bush made no such statement.

Correction The April 1 news item regarding prenatal marriage contained several errors, including the headline, subheadline, and all 514 words of body text.