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The proposed legislation, which is now sitting on the governor’s desk, eliminates the longstanding crime of concealing the birth of a child and significantly limits a coroner’s ability to look into unexplained infant deaths, including during botched abortions.
In early April, the Washington State legislature passed a bill that will make it more difficult for the government to investigate or prosecute infanticide and sex trafficking.
However, Substitute Senate Bill (SSB) 5093 eliminates the longstanding offense of concealing the birth of a child and significantly limits the ability of coroners to investigate unexplained infant deaths unless there is clear evidence of a specific crime. Opponents say that the bill would provide legal cover for individuals who may be attempting to hide the death of a newborn, including babies born alive during a botched abortion or babies born somewhere other than a medical setting and then disposed of afterwards.
Unless it can be proven that a baby was intentionally killed, the bill discourages any inquiry. Pro-lifers warn that this approach does not reflect empathy, as supporters of the bill claim. Instead, it creates a dangerous loophole that could be exploited by abusers, traffickers, and abortion providers seeking to avoid scrutiny.
Among the bill’s provisions are expanded access to records and authorizing local health departments to request and receive comprehensive data related to child deaths, including medical records, autopsy reports, and information from schools, law enforcement, and social services. The bill also establishes confidentiality measures.
Conservative radio host Jason Rantz says that despite its flowery language about compassion, the bill effectively decriminalizes and enables infanticide, writing,
“Unless a baby is clearly murdered with intent and there’s a smoking gun, no one’s allowed to ask questions. Let’s say a woman undergoes a third-trimester abortion at 34 weeks, the baby is born alive, gasping for air, and no care is rendered — the baby dies.
Under SSB 5093, the coroner is not allowed to step in. There’s no autopsy. No criminal probe. No accountability. It’s a dead infant and a closed case.
There is also no clause in this bill—not one line— requiring a doctor or anyone to render aid to a baby born alive during an abortion or premature labor. There is no viability threshold. No gestational limit. No requirement for care.”
During the April 9 debate in the House, Rep. Brian Burnett, R, proposed amendments aimed at preserving the ability to investigate cases where sex trafficking is suspected. Those amendments were defeated, as were other efforts by conservatives, including one that would allow for an investigation into a baby’s death if neglect was suspected.
Burnett, who has an adopted daughter who survived sex trafficking, shared that he has spoken with multiple survivors who endured prolonged abuse
“I’m very familiar with human trafficking and the impacts that it has on the survivors,” Burnett, a former county sheriff, stated. “Some of the survivors that I’ve talked with personally, and I’ve done a lot of this — is that if they have been impregnated by their traffickers or it was caused by their traffickers because of the sexual relationship that goes in trafficking, the victimization can go on for years … this is the world we live in, and we should be doing everything in our power legislatively, public safety-wise, federally, nationally, internationally, locally to put a stop to this.”
Supporters of the bill instead claim that the focus is on dignity for those who experience a pregnancy loss.
“SSB 5093 ensures that every Washingtonian who experiences a pregnancy loss — whether a miscarriage, stillbirth, or neonatal death — retains the ability to make their own decisions about how to handle it,” officials at Pro-Choice Washington wrote. “Without the fear of criminalization, people can access the care, services, and support they need to navigate these deeply personal and often painful experiences.”
Rantz countered that this justification is a lie, stating, “No one in Washington state is being thrown in jail for having a miscarriage. Good luck finding one case.”
The bill passed the Senate by 30-19 and the House by 58-39, largely along party lines. It has since been sent to Gov. Bob Ferguson, D, who has 20 days to decide whether or not to sign the bill into law.
This legislation and those who support it fail to address the significant concerns related to accountability in cases of abortion, sex trafficking, and other instances where babies are unwanted.
Abortion clinics in the United States, including Planned Parenthood facilities, already operate with a notable lack of transparency. Unlike other health-care providers, these clinics rarely allow public tours or independent oversight.
Now, thanks to SSB 5093, coroners will be limited in their ability to investigate unexplained infant deaths — unless there is overwhelming, provable evidence of a crime.
This legal shift will no doubt prevent justice for newborns who die under suspicious circumstances, including failed abortions or trafficker abuse. It effectively silences their cries and closes the door on accountability.
As Rantz noted, “SSB 5093 doesn’t bring dignity to pregnancy loss. It brings darkness, secrecy, and the disturbing reality that in Washington state, babies can be born, die, and be swept under the rug without anyone daring to ask why. But they call this progress.”
Those holding a Christian worldview must speak out against such potential harms to newly born children.
While the bill’s supporters claim it is about protecting families who have experienced pregnancy loss, it simultaneously creates dangerous loopholes that may be exploited by abusers, traffickers, and negligent abortion providers. God calls His people to “rescue those being led away to death” (Proverbs 24:11). We are to be a voice for the voiceless and defend the innocent from injustice.
Proverbs 28:13 says, “Whoever conceals their sins does not prosper, but the one who confesses and renounces them finds mercy.”
Deception and covering up wrongdoing are hardly a new concept. From Genesis onward, Scripture reveals humanity’s tendency to hide sin rather than confront it. When laws enable concealment, they starkly contrast the biblical call for truth and justice, essential to a just and moral society.
As believers committed to the sanctity of human life, the passage of Washington State’s SSB 5093 should stir our hearts and call us to action. Scripture affirms that every human being is fearfully and wonderfully made in the image of God (Psalm 139:13–14). When laws pass that diminish protections for the most vulnerable — especially infants who survive abortions or could die due to infanticide — we must respond with clarity, compassion, and conviction.
All Americans should stand for laws that protect every human life, from conception to natural death, and oppose policies that obscure truth and justice under the guise of compassion. Christians in Washington state and nationwide must remain vigilant, pray for our governing leaders to turn away from policies that encourage deception and advance injustice, and resist any legislation that threatens the youngest and most vulnerable among us.
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