In 2023, a horrific but all too common case emerged in Seattle, Washington: A newborn baby was found lifeless in the bushes outside a convenience store. Investigators struggled to determine whether the child had been stillborn or born alive and left to die. Because the baby’s body was concealed, which under current state law is a crime, an investigation commenced and eventually led to charges.
However, that could change if SB5093 in the Washington state legislature is enacted. The bill decriminalizes concealing the bodies of babies who have died after being born and strips away investigative authority over a “suspected abortion,” effectively legalizing infanticide. The ACLJ has long fought to provide protections for babies who survive abortions. In this same spirit, we strongly urge Governor Ferguson to veto this deeply dangerous bill.
Specifically, SB5093 repeals Wash. Rev. Code § 9.02.050, thereby decriminalizing the concealment of a birth and the improper disposal of a baby’s remains. The title of SB5093: “An Act Relating to Dignity in Pregnancy Loss,” suggests a commitment to preserving dignity in the event of a pregnancy loss. After reading the bill closely – that title seems absurd because dignity is nowhere to be found in this bill. This bill is the stuff of dreams for the abuser or trafficker and would allow them to dispose of the evidence.
Enacting SB5093 would open the door for those operating in the shadows – human traffickers, illegal abortionists, domestic abusers, and other bad actors – to evade accountability. It strips authorities of the needed ability and tools to investigate these crimes, leaving dangerous gaps in justice and protection. It is not justice that this law secures, but silence – and the victims of that silence, infants and their mothers, will be the most vulnerable.
This proposed legislation is also a serious breach of legal responsibility, and it erodes consistency within state law and effectively undermines a range of existing criminal statutes, including those addressing murder, manslaughter, homicide by abuse, and unlawful disposal of remains.
We support legislation that would ensure that mothers who suffer the heartbreaking loss of a child through miscarriage, stillbirth, or SIDS are treated with compassion and respect and that both mother and child are shown dignity. However, this bill fails to live up to that principle. It removes, without adequate replacement, the critical protections found in Wash. Rev. Code § 9.02.050.
And listen carefully: Under SB5093, abortion receives a special exemption. This bill opens the door to unthinkable tragedy—it effectively legalizes the quiet disposal of a baby born alive after a botched abortion and blocks any official from even investigating a “suspected abortion.” No questions asked. No justice pursued. It silences the most vulnerable voices and protects those who would rather hide the truth than face it, creating a disturbing and unconstitutional disparity for equal protection under the law.
Supporters of SB5093 argue it is necessary to protect grieving mothers from prosecution. However, no evidence shows 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. The only reason to do that is to radically expand abortion and effectively legalize some of the worst forms of abortion.
This bill does not offer dignity. It offers legal ambiguity, a weakening of investigating authority, and effectively removes legal protections for infants who are born alive. It also denies victims’ families the right to seek justice.
We at the ACLJ have sent a formal legal letter to Governor Bob Ferguson urging him to reject this misguided and dangerous legislation.
Life deserves dignity. Justice deserves clarity. Infants deserve protection. We demand that Governor Ferguson veto SB5093.
Join us in our nationwide fight to defend these susceptible babies who are born alive. Sign our petition: Demand Congress Pass the Born-Alive Abortion Survivors Protection Act
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