Jeb Bush stirs up abortion debate

Jeb Bush, the governor of Florida and brother of the president, has ignited a fierce new debate on abortion after ordering the appointment of a legal guardian to represent the interests of an unborn foetus being carried by a woman with severe learning disabilities who was raped.

A court in Orlando was expected to rule late yesterday on whether Mr Bush was acting legally in calling for two guardians to be appointed: one for the woman, described as a 22-year-old living in government-run care, who cannot speak and has no family, and another for the foetus.

Abortion-rights campaigners have petitioned the court in protest, arguing that the move would flout legal precedents stating that a foetus is not a person in the eyes of the law.

"This is truly a horrible situation," said Randall Marshall, the legal director of the Florida branch of the American Civil Liberties Union. "That a woman in the care and custody of the state can be raped and become pregnant - and then to have the governor suggest that anything other than this woman's health and needs be taken care of, is truly outrageous." An earlier Florida ruling clearly stated that appointing such a guardian would be "improper", he said. But Mr Bush, a staunch opponent of abortion, insisted his order was an "expression of compassion", and corrected one reporter who used the word "foetus", saying the right word was "baby".

"I think it's an unborn child," the St Petersburg Times quoted him as saying.

The woman involved has reportedly lived in state care for 19 years, and is between five and six months pregnant, placing her near or at the point after which abortions are usually not allowed.

Those supporting and opposing the governor's instruction agreed that they did not believe abortion was being contemplated as an option in this instance.

"This is simply an expression of compassion for a tragic case where a woman was raped and cannot provide support or any decision for this child," Mr Bush said. "I'm not suggesting by this action that we are thrusting this family into the abortion debate."

But hypothetically, said Jerry Reiger, head of Florida's department of children and families, a guardian representing a foetus could be required to oppose a guardian who was representing a pregnant woman and who favoured abortion.

"Certainly there could be a possibility that that could be a part of what [the guardian] could be called upon to do," he told the St Petersburg paper.