There's been a constant struggle to figure out when the fetus is a person. The majority of conservatives believe that life starts as early when there's a heartbeat. Liberals, on the other hand, argue that a person isn't human until it's out of the birth canal and is breathing by itself This is the reason they don't care about a decision to terminate it in the later stages of pregnancy.
In the near future, Texas might be forced to put its money where its mouth is. With heartbeat bans in place, Texas is stating the babies are entitled to rights. They can't be aborted after the heartbeat is detected.
If the unborn baby has rights, mothers of the babies are able to use those rights. And this includes the right to take advantage of the HOV lane when pregnant. Yes, one woman has already made the decision to make use of this interpretation of law to aid her.
Brandy Bottone of Plano, Texas has decided to use the HOV lanes. She acknowledges that she drove in the HOV lane and is aware that two or more are required to be present in the lane.
She was stopped because she was alone inside the vehicle while in the HOV lane. The officer who stopped her was looking into the vehicle and wanted to know whether she was the only one in the car. Bottone claimed there were two people at the time, and that's when the officer asked where the other person was. Bottone said she was “right here” and pointed toward her belly. She is 34 weeks pregnant.
Bottone's argument was easy. If the government recognizes that a fetus is considered a baby, then she should be granted the right to use HOV lanes. While speaking with NBC News, she admitted that she was hesitant to be political, but due to the political climate at the moment, her baby bump is considered an infant.
The Texas penal code recognizes that a fetus is a person. However, the State Transportation Department does not define a fetus as a person. According to the penal code, an “individual” is “a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.”
Which region does this case fall under? In reality, if the condition is for an “individual” to be in the vehicle, Bottone's argument holds.
The story has prompted many responses through social media. While some feel that this expecting Texas woman is smart regarding her rights, others are concerned that it could cause havoc to the entire situation. One person said, “What a headache. She's going to wreck this HOV experience for all since everyone will claim to be expecting.”
At present, she's pushing the state hand to make clear the term “individual” for all potential instances in the near future. It's clear that the law wasn't intended for a woman who is pregnant to have access to the HOV-lane.
The officers who issued the ticket to Bottone informed her that if she challenged her ticket at court, the ticket would probably be dismissed. She's planning to do just that, as the amount of the ticket is about $200. “One law is saying it one way, and another law is saying it another way,” the Texas woman says. She certainly is on the right track.
It will be interesting to see how this turns out. Bottone is expected to be in the delivery room or the courtroom soon. The court date given to her to decide on the issue is close to her expected due date.
This certainly isn't the last time we'll hear about this particular case.