Murder in this case is not defined by WHAT was done, the status of the victim, nor WHY it was done.
Murder in this case is defined by WHO chose to commit the act.
How can we allow murder to be defined by WHO commits the act?
I think some smart lawyer can make a case under "equal protection".
Notice that the gub’mint is unwilling to tally the dead baby from Nadil Hasan’s murder rampage at Ft. Hood. So apparently if a muslim does the fetus killing, it doesn’t count as murder either.