SC Priest: Voted for Obama? No Holy Communion

November 14th, 2008 By: Michael van der Galien | Tags:

A Roman Catholic Priest in South Carolina told parishoners this week that they should not receive holy communion any longer if they voted for president-elect Barack Obama.

Rev. Jay Scott Newman said in a letter distributed Sunday to parishioners at St. Mary’s Catholic Church in Greenville warned that those who voted for Obama were risking their souls if they would not repent before taking Holy Communion.

The reason: Obama supports abortion, the Catholic Church opposes it, however.

“Our nation has chosen for its chief executive the most radical pro-abortion politician ever to serve in the United States Senate or to run for president,” Newman wrote, referring to Obama by his full name, including his middle name of Hussein.

“Voting for a pro-abortion politician when a plausible pro-life alternative exists constitutes material cooperation with intrinsic evil, and those Catholics who do so place themselves outside of the full communion of Christ’s Church and under the judgment of divine law. Persons in this condition should not receive Holy Communion until and unless they are reconciled to God in the Sacrament of Penance, lest they eat and drink their own condemnation.”

Interesting about the priest’s statements is that 54% of Catholics voted for Obama, according to the polls at least.

Although it is certain that Newman will receive a lot of criticism for his words, and perhaps rightfully so, one has to keep in mind that the Catholic Church and protestant churches are different from each other in so far that the Catholic Church has a strongly hierchical system, in which the top can truly tell the bottom was is and is not allowed, and we’re not merely talking about the ten commandments.

As such, the father’s words make sense from a religious Catholic perspective. Keep in mind, by the way, that he does not say that people should never receive Holy Communion anymore. Just not until they ‘repent.’

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  1. C Stanley
    November 14th, 2008 at 17:27
    Reply | Quote | #1

    Also keep in mind that as usual, the headlines misrepresent what was truly being said. The article explains that the priest WILL NOT withhold Communion or establish some sort of test for those who present themselves. He simply pointed out to them that the Church teaches that a Catholic who supports abortion in any way has placed themselves in a state of excommunication (this isn’t, as some people outside the Church believe, a punishment- it’s an acknowledgement of one’s state in relation to God and the Church.) He’s asking them to examine their consciences and confess if needed (which ALL Catholics are required to do before receiving Communion.)

    We’re members of a conservative parish where some of this stuff has come up. I missed Mass the week before the election because I was sick, but apparently there was a big dust up because of the priest touching on this topic and one parishioner got up, yelled something about the war to him, and stormed out. Our pastor calmly responded to her as she was leaving and then continued- and got a standing ovation from the rest of the congregation.

    It’s a tough call though, when there’s a specific case of one pro-abortion candidate who is being discussed rather than the issue in the abstract. But there was such a clear distinction between the two candidates in this instance on an issue on which the Church’s teaching is very clear, that I don’t find it inappropriate that some bishops and priests ‘went there.’ That doesn’t mean they’re telling people how to vote- but they are within their rights to say that if you vote a certain way then you’re not practicing the faith that you profess. Anyone who disagrees with that is of course free to find another denomination that does match with their own views.

  2. tjproudamercan
    November 14th, 2008 at 17:53
    Reply | Quote | #2

    C. Stanley says:

    “Our pastor calmly responded to her as she was leaving and then continued- and got a standing ovation from the rest of the congregation.”

    This divide is good for the Catholic Church. Although on EWTN, the priests and other broadcasters often complain about a lack of reverence, the standing ovation added to the reverence and showed that woman who was going to vote for a Democratic candidate that she was not welcome in C Stanley’s church.

    If more Roman Catholic churches would give standing ovation to priests who calmly answer the hysterical anti-war and anti-poverty people, maybe the fake Catholics would stop attending and form their own church.

    And that would be wonderful because the more division the better. And here is a standing ovation to C Stanley and his pure Catholics.

  3. C Stanley
    November 14th, 2008 at 18:28
    Reply | Quote | #3

    I had to read that several times and I’m still not certain, but I think you are responding with approval and not sarcasm, tjproud. Thanks for that, but I have to clarify that although I wasn’t there, I’m certain that the ovation wasn’t an attempt to cast out this woman. She would in fact be welcome in our parish even if she apparently found the homily uncomfortable; she would be welcome, in other words, but challenged to reconsider her beliefs (because abortion is a foundational issue of life on which all other issues of social justice rest, and as Catholics we don’t believe that it’s possible for a government to truly support social justice without that foundation.)

  4. tjproudamercan
    November 14th, 2008 at 18:36
    Reply | Quote | #4

    I was being sarcastic.

    Being anti-abortion is a good thing. It is also easy to do and it fills people with spiritual pride, just as being antiwar and anti-poverty do.

    If someone walked out of my liberal Roman Catholic church after she denounced the priest, I would be stricken with a sickening sadness.

    the solution for American Catholics is two Churches. This makes me sad, but when we walk out or are thrown out, you can give a standing ovation.

    I won’t. I think this schism is heartbreaking.

    By the way, did you notice that Fr. Newman referred to Obama as Barack Hussein Obama. I suppose that was respectful, just as we all call John McCain by his middle name.

  5. C Stanley
    November 14th, 2008 at 18:46
    Reply | Quote | #5

    Unfortunately, tj, schism is the only possibility if some members believe things that are fundamentally opposed to the core teachings of the Church. Sorry if that saddens you, but I will in fact stand with Pope Benedict in the smaller, purer Church.

    It saddens me as well, but the people who want change are the ones who are provoking this. Truth doesn’t adapt to cultural changes.

  6. c3
    November 14th, 2008 at 19:17
    Reply | Quote | #6

    In my book, voting for Obama doesn’t “disqualify” you as a Christian. It does seem that Sen. Obama’s stances on the death penalty and the was in Iraq are closer to the Pope’s than Sen. McCain’s. (And I voted for McCain.)

  7. C Stanley
    November 14th, 2008 at 19:22
    Reply | Quote | #7

    c3: I assume you aren’t a Catholic Christian. No one is saying that Obama voters are unChristian- just that they’ve put themselves at odds with Catholic teaching on abortion. Ed Morrissey has had a great series of articles explaining why abortion is a foundational issue in our Church vs. social justice issues on which there’s more room for variance even though they are still extremely important (different avenues can be advocated for the same goals, while on abortion that’s not the case.)

  8. c3
    November 14th, 2008 at 19:29
    Reply | Quote | #8

    No, I was raised Catholic. though I’m pro-life I’ve always had a problem with the Catholic Church “grading” abortion as something worthy of ex-communication. It seems to be a more political stance than a theological/biblical stance.

  9. tom
    November 14th, 2008 at 19:34
    Reply | Quote | #9

    New discoveries in science and social changes have always challenged the catholic church and forced it to reexamine what “truth” means from generation to generation.

  10. C Stanley
    November 14th, 2008 at 19:50

    If anything, tom, science should be forcing the rest of the world to notice that human life certainly begins in a form worthy of human rights quite some time before the fetus leaves the birth canal.

    c3: I don’t really get why people have a problem with it. If anything, the only internal inconsistency I can see is on the death penalty, and the Church is actually more anti-death penalty than most people realize (the Catechism states support for it only in cases where there’s no other way to protect society.)

    Overall I find the Church is highly consistent on the central tenet of social justice being the right to life, and the central obligation being the need to protect the weakest of all lives who can’t speak for themselves.

    And if one believes that human life begins at conception, then abortion is murder. Why would it be considered just political rather than theological to be unwavering in a commitment to banning murder?

  11. Chris
    November 14th, 2008 at 19:53

    This priest is 100% correct in his assessment of the situation and I agree with him 100%.

    Now that I have said this let me tell you that I am NOT a catholic (or really any religion).

    Why do I say he is 100% correct then? because if you agree to follow a faith then you MUST follow ALL of it. You do not get to pick and chose the points you want to follow.

    So, either give up your faith because you really don’t believe it anymore or find a new religion that conforms to your morals.

  12. C Stanley
    November 14th, 2008 at 20:10

    My sentiments exactly, Chris. I truly don’t understand why anyone would want to consider themselves Catholic if they disagree with something so fundamental. This isn’t a social club, you either believe in the teachings or you don’t. I don’t disrespect those with other opinions, but I do resent the attitude that the Church ought to change in order to accomodate them.

    And the politicization certainly works both ways, as shown here and here. Why is it not OK for the Church to assert it’s principles as they apply to politics, but OK for political groups to attempt to persuade Catholic voters that the Church teaching is different than what the Church states it to be?

  13. mary
    November 14th, 2008 at 20:19

    c3 -
    The gradation of abortion as a matter of excommunication is, as I understand it, because of the absolute innocence of the murder victim. There can be no more innocent of a victim in the commission of this sin against the fifth commandment. There biblical references specific to the unborn, but, really, the fifth commandment covers it.
    The Catechism, which maybe seen as the book of standardized Catholic tradition/knowledge, says:
    “Formal cooperation in an abortion constitutes a grave offense. The Church attaches the canonical penalty of excommunication to this crime against human life. “A person who procures a completed abortion incurs excommunication latae sententiae,”77 “by the very commission of the offense,”78 and subject to the conditions provided by Canon Law.79 The Church does not thereby intend to restrict the scope of mercy. Rather, she makes clear the gravity of the crime committed, the irreparable harm done to the innocent who is put to death, as well as to the parents and the whole of society.(2272)”
    Of course, there is repentence and mercy. No one who has a part in an abortion is “lost” to the Church. In that the Church was instituted by our merciful Lord Jesus Christ, She longs for Her people to return, to avail themselves of the sacrament of reconciliation and to become active members of the culture of life. Peace. ~~~mary

  14. tjproudamercan
    November 14th, 2008 at 23:54

    Here is one thing I have never understood.

    Abortion is the Be-All and End-All of sin for Catholics. Compared to abortion wars are regrettable, but not a moral issue. That is how Fr. Neuhaus Explained why no Catholic could vote for a candidate who supported abortion, although Fr. Neuhaus would not say the words ” A Roman Catholic MUST vote for McCain/Palin under pain of Excommunication because a vote not cast for McCain/Palin is a Mortal Sin.”

    Poverty, health care, the degradation of the environment, wars, inequality, none of those issues are important from a Voting Perspective. Abortion trumps all other moral issues.

    So, if one is deeply involved in what the movement itself calls Neo-Conservative Politics, like Fr. Neuhaus, as a priest and as an active Catholic Intellectual, you say that a moral case can be made FOR the Iraq War and, indeed for AY war conducted by the United States. Further a voter certainly should not take into consideration who favors these wars and who opposes them when they go into the booth on Election Day.

    Only Abortion matters because it is the extermination of innocents. And only the Republican Party is worthy of any Catholic voters. Fr. Pavone gave a sermon on EWTN that said that while he could not tell people who to vote for by naming names, Catholics had the DUTY to find out who was pro-life and vote for that candidate. Staying home was also a sin.

    However, if a bombing campaign, again regrettably, causes the deaths of pregnant women and infants and children, that is NOT a moral issue.

    Would it make a difference to the anti-Abortion Catholics that a pregnant woman was killed in war? Now I know you don’t like the word killed applied to actions by American troops, but sometimes civilians do die in battle. Is it ONLY immoral to cause the death of the baby in the womb? Do children count? At what age do people stop counting?

    Similarly, if poverty damages people, which it clearly does, do those people who are born matter? What if poverty causes the death of a baby in the womb? Then does poverty become a moral issue?

    I would also like to know why the church does not grant funerals to any baby who dies due to a miscarriage?

  15. C Stanley
    November 15th, 2008 at 00:25

    tjproudamercan, how familiar are you with what the Catechism says on all of these issues? You may disagree even after learning more, but your statements seem to be based on certain individuals’ interpretations rather than reading the primary source materials.

    All of the other issues you describe- poverty, health care, environment, war, can be determined in various ways. The Church recognizes that there’s no utopia, we can’t create a completely just society on Earth. We are commanded to seek the best approaches to that according to our consciences, but some people look to nongovernmental solutions to poverty, for instance. And on the issue of just wars, this is taken quite seriously but in order to meet the criteria of killing no innocents you’d have to say that no war is just- and yet that itself would create another injustice (would you say that WWII was unjust because there were collateral casualties of innocents?)

    So I reject your assumptions that those who prioritize the political issue of abortion are choosing to believe that those other issues aren’t ‘moral issues’. Of course they are- no one ever said otherwise. But is voting for expansion of SCHIP the only way to extend healthcare access to poor children, or might there be other ways? That’s just one example of how those kinds of issues aren’t black and white in terms of morality- the goal is always to seek the greatest moral good, but people can agree to disagree on the means to those ends.

    But abortion truly is different because once you define human life at conception, there’s no way to view it other than a violation of the fifth commandment. There’s really no way to rationalize that other than defense of life of the mother (because killing in self defense is always considered different than murder.)

    If you are open to reading a defense of the Church’s teachings on this from what I believe is a very rational perspective, please check out Ed Morrissey’s articles on the subject. I linked to some above, or you can search on his site for “abortion + Catholic Church”)

    Oh, and on your last question- the Church does have a funeral rite for unborn children who die before birth- it’s different than the rite that’s used for children who’ve been baptized, for obvious reasons since the child who dies in utero has not had the opportunity to receive that sacrament.

    On your last question-

  16. Dave Hugo
    November 15th, 2008 at 01:48

    C Stanley and the other defenders of Father Newman might be interested in hearing that I just read a news article indicating that Father Newman’s statements have been repudiated by his diocese. The link is:

    http://elections.foxnews.com/2008/11/14/catholic-priest-pummeling-obama-voters/

    Among other interesting quotes:

    “Father Newman’s statements do not adequately reflect the Catholic Church’s teachings. Any comments or statements to the contrary are repudiated,” said Msgr. Martin Laughlin, administrator of the Charleston Diocese, which is currently without a bishop.

    So it appears that those who voted for Obama might not be as excommunicated as C Stanley thinks they were.

  17. james
    November 15th, 2008 at 03:39

    I cannot believe this. I just cannot believe it. I was raised catholic and I refuse to believe that any man can declare that the worship of GOD and Jesus Christ be “halted” because of a political vote. Are you serious?

    Let me try to educate some of you here, please understand that many Catholics and also Barack Obama have never been “Pro-abortion.” Myself & others believe that the Federal Government does not have the right to dictate to any of its citizens whether or not to have an abortion. I am very much against abortion, but I am also against a constitutional amendment banning abortion. I too am against reversing Roe v. Wade for the same reasons.

    I believe that the decision to birth a child should be made between a mother, a father and God. No federal governments, no intermediaries.

    I am appalled that “leaders” within my faith would withhold something like the sacrament of communion to parishioners because of their political vote. That is amazingly appalling and NOT in the teachings of Jesus Christ and not of God! My God is an INCLUSIVE God, not an exclusive God.

    As a Catholic, I want to reach out to my fellow Catholics. We are all God’s children, we are all sinners. We all have our own crosses to bear, but none of us (even our esteemed clergy, bishops & cardinals) NONE OF US should stand in judgment of others.

    I guess this article shows us that MAN is not perfect. It strengthens our belief that we follow GOD, we do not follow Man because Man has ulterior motives, man is flawed.

  18. C Stanley
    November 15th, 2008 at 03:59

    Dave: that article also explains how his comments have been blown out of proportion. I’m not defending him per se because I don’t know the full extent of his comments. But what this article calls repudiation is really just a diocesan administrator (because the diocese is currently without a bishop) trying to tamp down the bad PR.

    Again, not knowing the full context of the quotes, what I’ve seen of his actual words seem quite in keeping with Catholic teaching. Supporting abortion, which includes supporting a politician who is stridently prochoice when there is a viable alternative, is an act of complicity with an intrinsically evil act. This would require a communicant to examine conscience and seek reconciliation.

    Now, as I understand it there may be one rationale for supporting a prochoice candidate over a prolife one which I believe would be justifiable; that would be for a person who has seriously considered the issue and examined conscience and decided that working toward changing hearts and minds on abortion is primary rather than working through the laws. That rationale would put forward that perhaps fewer abortions would result from a societal change rather than through legal prohibition (but I imagine to be sincere in this position, one would have to actually work toward that end and not just passively endorse the theory.)

    I believe that a good confessor would absolve such a person of any sin because the intent is not sinful. But rationalizing that support of a prochoice position isn’t intrinsically evil- or that it shouldn’t trump other political positions on social justice-is not in keeping with the Church’s teaching on the issue. It’s just not, regardless of what some liberal American Catholic bishoops and priests will tell you.

    james- you say you were raised Catholic, and when that phrase is used it generally indicates someone who’s no longer a practicing Catholic. If that’s the case for you, then how can you say you’re reaching out to ‘fellow Catholics’? Reach out to other fallen away Catholics if you wish, you’ll find plenty who agree with you I’m sure. It’s a hard teaching, but there’s a reason for it.

  19. C Stanley
    November 15th, 2008 at 04:01

    Note that when I say that Fr. Newman’s position appears to be in keeping with Church teaching (and when I say it’s being misrepresented in the press) I’m referring to the fact that he explicitly says he is NOT withholding Communion from those who present themselves. He is simply asking them to make an examination of conscience and pointing out the Church’s teaching on this issue.

  20. james
    November 15th, 2008 at 04:18

    I was raised catholic & still practice, although not as ardent as I once was. I don’t disagree with the teaching, that we should not condone abortion, but to legislate from a federal level is wrong. Because I am against a federal ban on abortion, does that mean I support abortion? Have I sinned? Do I need absolution?

  21. C Stanley
    November 15th, 2008 at 04:39

    james, are you aware that Obama has promised to promote and sign the “Freedom of Choice Act” which would overturn nearly all existing state legislation regarding abortion (including parental notification laws, waiting periods, patient counseling for alternatives, and restrictions on late term abortions like partial birth abortion)?

  22. Michael Merritt
    November 15th, 2008 at 04:51

    This is yet another reason why I could never join a church. Even if I leaned on the believing side, my views are so all over the map that I wouldn’t fit in anywhere.

    It’s also part of the reason why I’m not going to be joining a party any time soon.

  23. Kathy
    November 15th, 2008 at 05:03

    james, are you aware that Obama has promised to promote and sign the “Freedom of Choice Act” which would overturn nearly all existing state legislation regarding abortion (including parental notification laws, waiting periods, patient counseling for alternatives, and restrictions on late term abortions like partial birth abortion)?

    C Stanley, are *you* aware that all of those types of state legislation you list are themselves infringements on the unrestricted right to choose abortion in the first trimester, which is protected by Roe v. Wade?

  24. Kathy
    November 15th, 2008 at 05:05

    *Except for late-term abortions, of course, which by definition take place after the first trimester. But the medical procedure that is banned by the “Partial Birth Abortion” Act also sometimes takes place during the second trimester, so that IS an infringement. Aside from the other problems with the ban on late-term abortions.

  25. C Stanley
    November 15th, 2008 at 06:16

    Kathy, since I think Roe was inappropriately decided by the courts, I don’t object to that, but also since the statutes on the books have withstood challenge I assume you are incorrect in your interpretation. I don’t think Roe said that no restrictions could be placed, and I assume that the wording allowed for reasonable restrictions (which are no less onerous than we place on other medical procedures.)

    And besides all of that, I was pointing this out to james because he already stated that he opposes federal bans on abortion but opposes abortion itself, so I infer (correctly or not, james can clarify) that he is in favor of state legislated reasonable restrictions.

  26. Kathy
    November 15th, 2008 at 06:37

    I don’t think Roe said that no restrictions could be placed….

    In the second trimester, but not in the first.

    I was pointing this out to james because he already stated that he opposes federal bans on abortion but opposes abortion itself, so I infer (correctly or not, james can clarify) that he is in favor of state legislated reasonable restrictions.

    I don’t know what james has said about this yet, or if he has, but setting aside what james in particular may feel on this point, it cannot be assumed that opposition to abortion means support for state-legislated restrictions (I don’t agree that the restrictions we’re talking about are reasonable). The two don’t always go together. There are many people who oppose abortion, believe it’s wrong, consider themselves pro-life, while also believing that it’s a personal, moral, and/or religious matter that the government has no right to poke its nose into. That would be a perfectly logical and consistent position for a limited government-type person to take.

    And actually, going back to the other point, about “reasonable restrictions,” it’s not true that such restrictions or no more onerous than the ones placed on other medical procedures. For one thing, many of these restrictions don’t even exist at all for other medical procedures. Do women have to see films on the dangers of c-sections or hysterectomies and receive counseling on other options for childbirth and then wait three days before deciding to have one? Does anyone, of either gender, have to see films on the side effects and possibly dangerous consequences of chemotherapy or radiation therapy, be counseled on options such as organic or alternative treatments, and then wait three days before being allowed to choose traditional aggressive cancer treatments?

  27. C Stanley
    November 15th, 2008 at 06:41

    There most certainly are informed consent laws on thousands of procedures, Kathy. Just because every single procedure doesn’t fit the same profile doesn’t make that untrue, so what you are expecting is that this ONE medical procedure should be exempt from all informed consent because of your perception of the unfettered right to procure it during the first trimester?

  28. Kathy
    November 15th, 2008 at 07:09

    Informed consent laws that require patients to sit through films, get counseling, wait several days, and inform family members before being allowed to have the procedure?

    I don’t think so, Christine.

    I spent a few hours in the emergency room on Veteran’s Day because of injuries sustained after tripping and falling. I had to have three stitches on my lips, a tetanus shot, and about a dozen x-rays of my right hand, elbow, and shoulder. And before any of that was done, I had to sign a consent form. But there were no government-mandated lectures, film presentations, waiting periods, or family notifications that had to take place before I could get the medical care I needed. The hospital emergency room medical staff explained what needed to be done and why, and gave me the form to sign.

    I don’t think there’s a reasonable case to be made that this is comparable to what women seeking abortions are forced by state legislatures to go through before they can have one. No other medical procedure is handled that way.

    The issue is not informed consent. The issue is that women and their doctors are compelled to take additional steps to prove that informed consent exists. The private professional patient-doctor interaction that results in a signed (or not) consent form, which satisfies the requirement of the law in every other instance, is not enough in the case of abortion.

  29. C Stanley
    November 15th, 2008 at 07:15

    Kathy, the only family notification procedures in place are for minors, and if you were a minor then you’d need parental consent for the procedures you describe as well.

  30. C Stanley
    November 15th, 2008 at 07:24

    I should add that this alone illustrates that there’s already generally a special exemption given for this procedure- as I wrote above, you’d actually need parental consent for most any medical procedure if you were a minor but for abortion, to be Constitutional a state can only require parental notification, not consent.

  31. C Stanley
    November 15th, 2008 at 07:40

    I don’t think there’s a reasonable case to be made that this is comparable to what women seeking abortions are forced by state legislatures to go through before they can have one. No other medical procedure is handled that way.

    There’s also the fact that the more extensive measures are being taken because the majority of abortion providers do not provide the normal level of information and are far from impartial advocates of choice. I’m signing off for the night and have to work tomorrow so I don’t know if I’ll get a chance to get back to this thread, but I would challenge you to disprove my assertion that the large abortion clinics (which perform the vast majority of these procedures, not doctors with whom the patients generally have a longstanding relationship with) provide ONLY information which minimizes the psychological aspects of the decision, often provide no counseling or information on alternatives like adoption, and minimal information on the actual physical/medical risks of the procedure, except as required by law. Perhaps if the prochoice propaganda were generally true about a woman’s personal decision being made in a deliberative manner with counsel from her trusted physician, then some of the more extraordinary measures wouldn’t be necessary.

    Let me be frank- from both evidence that I’ve seen and read, and personal experience, I am convinced that Planned Parenthood is a highly unethical abortion promoting organization, not one that seeks to promote ‘choice’. There is quite simply only one choice that is touted. Perhaps there are individual locations that vary, but I’ve seen enough evidence that it’s not strictly anecdotal.

  32. Grewgills
    November 15th, 2008 at 08:14

    Let me be frank- from both evidence that I’ve seen and read, and personal experience, I am convinced that Planned Parenthood is a highly unethical abortion promoting organization, not one that seeks to promote ‘choice’. There is quite simply only one choice that is touted. Perhaps there are individual locations that vary, but I’ve seen enough evidence that it’s not strictly anecdotal.

    Care to share that evidence? I have known several people who worked for/with PP and that is not at all the impression I have.

  33. C Stanley
    November 15th, 2008 at 16:18

    GG: I’m at work and don’t have much time, but for starters, this site has research based information about the degree of coercion that is involved in most women’s ‘choice’ to abort. Some of it is from boyfriends, fathers, and parents- so that’s not the abortion clinic’s fault per se. But check out the stats on how many women feel pressured by the clinic to make a quick decision to abort, and how many feel they would have made a different choice if they’d had information and time to decide.

    Besides the fact that I don’t believe most abortion clinics are doing an adequate job on even the basic informed consent, I think there’s a societal obligation to make sure information is given to women supporting both sides of the ‘choice’ argument. We’ve basically given in to the idea that this issue of when life begins and when it should be legally protected can’t be determined by society and thus should be a decision between woman and doctor. Since society is giving over this responsibility for determining if life before birth ought to be protected, we at least ought to be assured that the women who are making this decision look at both sides before deciding.

    This is for their own sake as well- to whatever degree that post abortion stress exists, it’s because some women who abort are regretting a decision that they can’t reverse. Applying consent laws which give all information to the woman beforehand will prevent that; although difficult for any woman to hear these things, those who truly don’t believe it’s a baby and not just disposable tissue ought to be able to come away from such a discussion without having changed their mind. Those who do change their mind would certainly have been at risk for psychological problems later if they don’t have access to the information ahead of their decision when they still have a choice.

  34. Jason, Managing Editor
    November 15th, 2008 at 16:31

    Christine,

    My wife, who teaches ethics, asked me to thank you for that link. She is going to use it in her section on ethics and abortion. It is important even for pro-choice people to grapple with the complexities of the issue and not retreat too quickly to bland axioms and slogans as a replacement for critical thinking. I think Jonah Goldberg makes a good point in an unrelated area when he observes that the dominance of liberals in education forces conservatives to learn to grapple with opposing arguments but often excuses liberals from having to do so.

    FWIW, before we were married, my wife also went to PP and reported very much a similar experience — they were quick to push toward abortion as the presumed and automatic reaction to the possibility of a pregnancy. No other option was even considered possible, let alone desirable. IMHO, PP started as a very helpful organization providing information and contraception options for women who lived in communities where those options weren’t even available at the time. In its conversion into a militant advocacy organization pushing abortion as some kind of bizarre political sacrament, I think PP has harmed itself and dis-served women.

    P.S. To prevent the inevitable jumping to extreme conclusions about what I am saying here, I should point out that I am pro-choice as a matter of law and policy, though not as a matter of morality or ethics.

  35. C Stanley
    November 15th, 2008 at 17:31

    That’s great, Jason- I’m glad she is able to use the information. It’s tough to find sources that aren’t automatically dismissed by people on either side of the issue.

    And that was my experience with PP too. I was in college, concerned I might be pregnant (just before OTC tests came on the market) and went to PP clinic for a test. Based on one urine test (which are highly sensitive but not specific, so there are false positives) I was told that I was pregnant and the ‘counselor’ attempted to immediately schedule me for an abortion. Since I had medical training I knew the test could be false positive but the staff member told me that wasn’t true and there was no need to confirm. I went to a real doctor later the same day and had a blood test done which confirmed that I was not actually pregnant.

    The only consolation I get from that experience is that as a prolifer, I realize that perhaps some women get fake abortions. But obviously the trauma inflicted on women by that practice, and the complete lack of ethics, is appalling.

  36. Dave Hugo
    November 15th, 2008 at 20:50

    I’d like to return for a moment to the issue about which this thread was started: Father Newman’s statement that “Voting for a pro-abortion politician when a plausible pro-life alternative exits constitutes material cooperation with intrinsic evil, and those Catholics who do so place themselves outside of the full communion of Christ’s Church and under the judgment of divine law.” These are his words. Though they no longer seem to be available on his parish’s web site, a copy of the church bulletin in which they appeared is here: http://www.foxnews.com/projects/pdf/111408_churchbulletin.pdf.

    C Stanley says: “No one is saying that Obama voters are unChristian- just that they’ve put themselves at odds with Catholic teaching on abortion.” In a response to my earlier message C Stanley said: “Supporting abortion, which includes supporting a politician who is stridently prochoice when there is a viable alternative, is an act of complicity with an intrinsically evil act. This would require a communicant to examine conscience and seek reconciliation.”

    Respectfully, I disagree with both Father Newman and C Stanley as to their assertions about whether voting for Obama constitutes complicity with evil and requires absolution. Assuming we can rely on the Catholic Bishops of the United States to accurately state the Church’s position about the morality of voting, their document “Forming Consciences for Faithful Citizenship”, available on their website, is informative.

    After an introductory statement (section 7) that they do not intend to tell Catholics for whom or against whom to vote, Section 34 of that documents states: “A Catholic cannot vote for a candidate who takes a position in favor of an intrinsic evil, such as abortion or racism, if the voter’s intent is to support that position. In such cases a Catholic would be guilty of formal cooperation in grave evil. At the same time, a voter should not use a candidate’s opposition to an intrinsic evil to justify indifference or inattentiveness to other important moral issues involving human life and dignity.”

    The crucial clauses here are the reference to the intent of the voter, and the duty of the voter to weigh other moral issues regarding human life and dignity. Importantly, the bishops leave this analysis to the voter and refrain from telling Catholics for whom they should vote. In this the Bishops reflect the long-standing respect the Church has for the primacy of conscience. And this is how such well respected Catholics as Douglas Kmiec decided to support Obama.

    In light of this, I respectfully suggest that both Father Newman and C Stanley are quite overbroad in their statement of the Church’s position. The test of whether to vote for a candidate is not whether he or she is stridently prochoice and whether there is a viable alternative. Nor is the test whether the voter supports changing hearts and minds over changing the law. The test is whether the voter in conscience and on balance votes for a prochoice candidate in order to support his or her prochoice position, or whether the voter feels that candidate, overall, supports moral issues involving human life and dignity while the other candidate is less attentive or indifferent to those issues.

  37. C Stanley
    November 15th, 2008 at 22:03

    Dave, you are right that the issue has more nuance than I’ve probably given it here. I am strictly defending the right (and obligation) of bishops and parish priests to urge their parishioners to make an adequate examination of conscience.

    I do in fact believe that the facts in this recent election support the stronger line against voting for Obama. I think Kmiec’s opinions, with all due respect, are completely illogical and unsupported by anything other than wishful thinking.

    So, to some extent I’m conflating my OWN conscience on the issue with what the Church is saying. And that’s as it should be (with other people hearing what Fr. Newman says and having a different opinion), because of what you accurately note, the concept of primacy of individual conscience. However, there are also strict requirements to make an examination of conscience which isn’t just a rationalization- including the discussion with a confessor- which is what this priest was advocating.

    Another sticky issue is similar; the Church teaches that homosexuality is a disordered relationship, and although individuals who identify as homosexual are welcome in the Church, the act of homosexuality is considered sinful (therefore such individuals would be called upon to be chaste just as heterosexuals who are unmarried are called to.)

    But if someone makes a sincere examination of conscience including the willingness to hear the Church’s teaching from a priest in confession- and still comes to the conclusion that he/she does not agree that homosexual acts are sinful, then that person is in fact considered to be in good standing to present him/herself for the sacrament of the Eucharist. Ditto for divorcees, those who practice artificial birth control, fornication, etc. The priest doesn’t kick someone out of line if they present themselves for Communion, but he has a pastoral duty (if he’s aware of a person not being in a state of grace) to try to admonish them privately and ask them to avail themselves of spiritual guidance.

    The requirement, then, is being open to hearing the Church’s teaching on any given matter and giving it sincere consideration, not just paying lip service to hearing it.

  38. C Stanley
    November 15th, 2008 at 22:05

    Also, Dave, note that you’ll find a great deal of discrepancy among the American Catholic bishops and priests- because the leadership of the American Catholic bishops is quite liberal and sometimes defies Rome. The conservatives among the group (and priests who are conservative) then tend to react by defending the more ‘orthodox’ view.

  39. Kathy
    November 15th, 2008 at 22:18

    … the only family notification procedures in place are for minors, and if you were a minor then you’d need parental consent for the procedures you describe as well.

    I may be wrong about this, but I believe there are laws on the books in some states that require a woman seeking an abortion to notify and/or obtain the consent of her husband or boyfriend before she can have the procedure. I know for a fact this was a provision in the Pennsylvania law that went to the Supreme Court. I *think* that provision was struck down, but I’m not positive, and if it was struck down it wasn’t unanimously.

    As to the general issue of minors needing parental consent for other medical procedures, what that point misses is that pregnancy is unlike other medical/health events in terms of the family reaction. A teenage girl who injures herself on the school hockey or soccer team is not likely to be beaten up or killed or disowned or treated abusively by her parents. Laws that require a pregnant girl and/or her doctor to inform and/or obtain consent before an abortion can be performed are real and serious threats to the girl’s life. And in fact it’s *precisely* those girls who are least likely to tell their parents about an unwanted pregnancy that are most at risk if their do.

    I testified against a parental notification law that was being considered in New Jersey (it was ruled unconstitutional — meaning the NJ state constitution), and I’ll say here what I said there: I am reasonably sure that my daughter (now 19, but much younger then) would come to me if she became pregnant. I base that on the kind of relationship we have. But you know what? I could be wrong. And I would MUCH, MUCH rather she be able to get a safe, legal abortion covered by her dad’s insurance, even if it meant I didn’t find out until later, than have her seek out an unsafe, illegal abortion in the face of a parental notification or consent law.

  40. Jason, Managing Editor
    November 15th, 2008 at 22:24

    Spousal consent laws have been struck down consistently since Planned Parenthood v Danforth and Coe v Gerstein in 1976. There does not appear any evidence I am aware of that these decisions are being challenged or that a majority of the Court is posed to overturn them. In Planned Parenthood v Casey in 1992, a 5-4 majority struck down even the much milder requirement for mere spousal notification.

    Also, spousal consent/notification is a much different issue from parental consent/notification. I think conflating the two in order to exaggerate the potential threat to Roe is more than just a little disingenuous. It is also simply untrue to assume that an overturning of Roe would mean the elimination of abortion rights, since clear pro-choice majorities in state legislatures indicate that most states would enact them legislatively anyway.

    It is also fascinating to me how reproductive rights are commonly interpreted by pro-choicers to exist after conception for the female but not for the male. The right of the female to terminate the pregnancy is supposed to be left absolutely unimpeded, but the male is given no say at all AND is forced to pay the bills for whatever decision the female might make. And that is “equal protection under the law” how? Or does it not matter for father’s rights to be considered?

    The refusal to consider fathers as in any way relevant to reproduction after the biological act of conception makes pro-choicers complicit in the problem of deadbeat fathers, in my opinion. You can’t expect to tell an entire class of people (men) that their moral input is unwelcome and irrelevant but that their checkbook is essential at the same time. Because of the biological facts of pregnancy, I don’t have a problem making the decision to have or not have an abortion exclusively for the mother, but I think the father should have the legal right not to fund a decision he did not agree to.

  41. Jason, Managing Editor
    November 15th, 2008 at 22:37

    A teenage girl who injures herself on the school hockey or soccer team is not likely to be beaten up or killed or disowned or treated abusively by her parents.

    A teenage girl who gets pregnant is not “likely” to be beaten up or killed or disowned or treated abusively by her parents either. Your sweeping demonization of parents is highly irresponsible, Kathy. The most common reaction by parents to moral failures in their children — even those awful, hateful, vicious, and evil religious conservative parents — is disappointment mixed with love, not physical abuse.

    I hope your testimony did not include this exaggeration of the true level of threat faced by pregnant teenagers. While I agree that it is important that the minority of teens who do face potential for abuse not see their medical choices impeded by abusive parents, I think it is highly irresponsible to exaggerate that threat by calling it “likely”. You say you hope your daughter would come to you. I am sure most parents feel the same way. But if those daughters constantly hear that it would be “likely” that parents of a pregnant teen would abuse them, do you think it is more or less likely they would be willing to risk coming to their parents????

    Please think before you “testify” about such issues, Kathy. If your testimony was in a judicial or legislative setting, your choice of an irresponsible phrasing had the potential to increase the very problem you were trying to redress.

  42. C Stanley
    November 15th, 2008 at 23:04

    Although I agree about the warning not to exaggerate the risk of violent reaction from parents, Jason, I want to point out a couple of things. First, to my knowledge most if not all of the parental consent laws on the books do allow for exceptions- meaning that the teen can petition for another adult to adjudicate the decision if they’re in a potentially abusive situation with parents. If I’m not mistaken, this is generally required in order for a law to pass Constitutional muster. Is it burdensome for a teen in that situation? Sure, and that’s highly regrettable, just as the fact that they’re in a household like that to begin with. Laws are never perfect and can’t be expected to correct for every situation.

    Second, the website I linked to earlier contains lots of information about violence as it relates to abortion- and it can be seen that the legal access to abortion does NOT prevent this violence from occurring. You are expressing concern about girls/women who might face a violent reaction for having an abortion, but there are also women who are beaten and even murdered for choosing NOT to have one. In fact there’s one situation where that’s extremely likely to happen- the situation where a young girl has been molested or raped by an older man or relative who wants to cover up the crime via abortion. There’s also evidence of abortion clinic staffers who go along with the girls’ wishes in some of these cases to go ahead and abort without notifying authorities (because they are afraid of the consequences of doing so.) Who is looking out for these girls?

    Jason- hear, hear, on the fathers’ rights. I also think that the entire societal view of ‘letting the woman affected make this decision’ permits a huge copout for many men. Instead of stepping up and saying they do not believe abortion is right, many men use the excuse that if it’s what the woman chooses then who is he to say otherwise when she has the greater consequences from the decision. It’s a convenient way of avoiding both the guilt of complicity in the abortion and the burden of the outcome of a pregnancy.

  43. Dave Hugo
    November 15th, 2008 at 23:24

    C Stanley said: “So, to some extent I’m conflating my OWN conscience on the issue with what the Church is saying.”

    Thank you for acknowledging this, and for acknowledging that the issue is more nuanced than had previously been stated.

    What seems important to me is that zealous advocates for life (or for any cause, really) refrain from making blanket moral judgments on the voting decisions of others based solely on whom the others chose to vote for. The kinds of statements Father Newman made imply an assumption that voting for Obama is morally wrong per se, and I think we have now agreed that it is not. Coming from a priest, an authority figure, these kinds of statements can inflict great damage, cause alienation, and cause people to become unwilling to make the examination of conscience you refer to. In other words, the nuance here is crucial and none of us should lose sight of it.

    Thanks again.

  44. Kathy
    November 16th, 2008 at 08:30

    A teenage girl who gets pregnant is not “likely” to be beaten up or killed or disowned or treated abusively by her parents either. Your sweeping demonization of parents is highly irresponsible, Kathy.

    Your misleading and dishonest characterization of what I wrote is irresponsible, Jason.

    Here is what I wrote:

    “Laws that require a pregnant girl and/or her doctor to inform and/or obtain consent before an abortion can be performed are real and serious threats to the girl’s life. And in fact it’s *precisely* those girls who are least likely to tell their parents about an unwanted pregnancy that are most at risk if their do.”

    It’s not ALL or even MOST pregnant girls who are in danger of violent or abusive responses from parents. It’s *specifically* the girls who do NOT want to tell their parents. And it’s not all of those girls, either. But as a group, the girls who are most endangered by parental notification laws are those very girls who DO come from abusive families, and who are unwilling to tell their parents because they have good reason to know the response would be abusive or worse.

    If you think about this for just a moment, Jason, you might see how very irrational parental notification laws are. Most teens who become pregnant WILL tell their parents or guardians, and DO tell them. Of course, not all do. But most will. Those girls don’t need parental notification laws to force them to tell their parents, because their relationship with their parents that they have had their entire lives has taught them they can trust their parents to ultimately react with love and support. But it is not possible to create trust between parents and children by fiat. And parental notification laws target (as I said) who will not tell their parents, for very good reason. Parental notification laws are irrelevant to most pregnant minors. The relatively subset of girls for whom they ARE relevant are, by definition, the girls most likely to be harmed by such laws.

    This is the major point I want to make. But an additional point is that, even when a pregnant minor fears to tell her parents for less life-threatening reasons, or even if a pregnant teen fears a violent reaction and is wrong to fear that, if a parental notification law stands between her and a safe, legal abortion, then she may very well have an unsafe, illegal abortion, or a self-induced abortion, which is very likely to result in serious health complications, or death. That is what happened to Becky Bell, as I’m sure you know since her case is rather famous. She did not fear an abusive reaction; she just felt her parents would be terribly disappointed in her if they found out she was pregnant. So she did not tell them. She tried to abort herself, and a week later she was dead from a massive infection.

    So when you express your hopes and concerns about what I said in my own testimony, that’s what I talked about. I told the legislators that I knew what it felt like to watch a coffin holding the body of a child of mine being lowered into a grave (not from a botched abortion; she was 3 years old and it was a fatal genetic condition), and that I did not want, ever, to go through that experience again. Which goes back to what I wrote earlier: that I would rather find out after the fact that my daughter safely ended an unwanted pregnancy than get a call telling me she was dead from a botched abortion. I care about my daughter’s life MORE than I care about forcing her to talk to me if she doesn’t want to.

    Now, moving on to Christine’s point about judicial bypass: Those provisions are usually worse than useless, because (a) they require a young girl to tell a total stranger, an intimidating authority figure, and someone who has power over her entire future, intimate details about her life, and many girls will just not do it; (b) the judge can deny the bypass for any number of reasons having nothing to do with the girl’s safety — such as being opposed to abortion. How the hell does the judge know better than the girl herself whether she’s in danger in the first place? (c) some judges refuse to hear such cases, and if choose not to, no one can make them do so; and (d) if the pregnant girl lives in a small town where her family (but not what goes on behind the closed doors of that family) is known to the judge, it would quite likely be not simply very uncomfortable for the girl, but downright dangerous. And the judge might be even less inclined to believe the girl if he is a family acquaintance or knows one or more of the family members professionally.

    Isn’t everything I’ve written obvious? I mean, why do these things even have to be pointed out? It’s common sense, in my view.

  45. Kathy
    November 16th, 2008 at 08:33

    CORRECTION:

    “And parental notification laws target (as I said) who will not tell their parents, for very good reason. Parental notification laws are irrelevant to most pregnant minors. The relatively subset of girls for whom they ARE relevant are, by definition, the girls most likely to be harmed by such laws.”

    SHOULD READ:

    “And parental notification laws target (as I said) GIRLS who will not tell their parents…. The relatively SMALL subset of girls….”

  46. Kathy
    November 16th, 2008 at 08:47

    It is also simply untrue to assume that an overturning of Roe would mean the elimination of abortion rights, since clear pro-choice majorities in state legislatures indicate that most states would enact them legislatively anyway.

    And what if they didn’t? Or what if some did, and others didn’t?

    If we were talking about the right of women, or African-Americans, to vote, would you be willing to leave that right to the whim of state legislatures because you decide that “clear pro-voting rights majorities in state legislatures indicate that most state would enact them legislatively anyway”?

    If the right to choose to continue or to end a pregnancy is dependent on changing majorities in state legislatures, then there is no right to choose at all. It’s not abortion rights for women to be at the mercy of a patchwork quilt of state laws and just pray they live in the right state.

  47. Kathy
    November 16th, 2008 at 09:01

    Because of the biological facts of pregnancy, I don’t have a problem making the decision to have or not have an abortion exclusively for the mother, but I think the father should have the legal right not to fund a decision he did not agree to.

    Just for the sake of clarity, are you specifically referring to the decision to have an abortion that you think the father should have the legal right not to fund if he didn’t agree to it? Or are you saying, either way? In other words, if the father wants the mother to have an abortion but she wants to keep the baby and she decides to do so, are you saying that the father should have the legal right not to fund that decision, in the sense of helping to pay for prenatal care and providing child support after the birth?

    Just for the record, I agree that a man who is opposed to abortion should not have to pay or help pay for an abortion if the woman he impregnated decides to end the pregnancy. He doesn’t, in my view, have the legal right to force her to continue the pregnancy, but neither does she have the right to force him to fund the abortion.

  48. C Stanley
    November 16th, 2008 at 16:22

    Kathy, I acknowledge some of the problems you list with parental consent and judicial bypass. But do you also acknowledge the other problems I brought up (which I believe are equally obvious, and although it’s difficult to obtain stats I feel intuitively that there are even greater numbers of girls who fall into this category) of sexual molestation/abuse being covered up by males who use the legal availability of abortion to eliminate the evidence of their crimes?

  49. Kathy
    November 16th, 2008 at 22:43

    Christine,

    I’m not sure how a pregnancy of itself would be evidence of sexual molestation or physical abuse, or how ending the pregnancy would “cover up” evidence of sexual molestation or abuse. I’m not understanding the logic in there.

    That said, there’s no doubt that some girls (and women) are bullied or intimidated into having abortions, and that scenario is just as wrong as bullying or pressuring a woman into continuing a pregnancy she doesn’t want, or putting legal roadblocks in the way of her procuring one.

    Women’s choices when it comes to reproduction are pressured and coerced in all kinds of ways. Girls and women are abused and coerced into having abortions, and girls and women are abused and coerced into childbirth. Either way, it’s unconscionable.

    What I don’t understand is why you think the solution to these problems is overturning Roe v. Wade, or banning abortion, or putting onerous roadblocks in the way of getting one. Making it impossible for a woman who wants and needs an abortion to get one, does not help the woman who is being sexually molested or physically abused. Forcing a woman to have a baby conceived as a result of rape or incest (I assume that’s what we’re talking about when we use the term “sexual molestation”) is not going to end the rape or incest, either.

  50. C Stanley
    November 17th, 2008 at 00:45

    That said, there’s no doubt that some girls (and women) are bullied or intimidated into having abortions, and that scenario is just as wrong as bullying or pressuring a woman into continuing a pregnancy she doesn’t want, or putting legal roadblocks in the way of her procuring one.
    Kathy, I’m sure we’ll have to agree to disagree on whether or not it is wrong to ‘pressure a woman into continuing a pregnancy she doesn’t want’ in the sense of women having a right to an abortion for this reason. In the majority of cases, women who have abortions had a window of opportunity to prevent a pregnancy but did not do so. In the minority of cases where rape or other coercive sex acts were committed against her, those acts should be forcefully prosecuted according to existing law. When one has a respect for the right to life of the fetus, it’s impossible to justify the killing of that human being in order to ameliorate the pain and suffering of the victim of the sex crime. I know that you and I do not agree on whether or not the fetus deserves that legal protection, but can you not see that it would be impossible to be logically consistent if one takes the view that a fetus does have the right to life?

    And for the sake of this discussion, and even for the sake of progress toward reducing the number of abortions (which the majority of Americans favor, not the status quo abortion on demand), I am willing to compromise on the legal standing of abortion as long as the women who bear the responsibility of deciding on a case by case basis whether or not the products of their conception are human beings are not, are at least going to have to carefully deliberate both sides of that issue. You, however, are not willing to even allow a centimeter of movement in that direction (and no wonder, because it threatens the ability of some women to believe that abortion is nothing but a tonsillectomy.)

    As long as you are willing to admit that you’re position is extreme, we can agree to disagree. My personal feelings about abortion are extreme in the prolife direction as well, but because I understand that there isn’t currently a majority view that is the same as mine, I’d rather not let the perfect be the enemy of the good. Along with efforts to assist women to make choices other than abortion, I focus any efforts that I make on this issue to support the kinds of laws which you wouldn’t even allow- those that require some extra consideration (and hearing alternative choices and viewpoints) of the women who are making this decision.

  51. C Stanley
    November 17th, 2008 at 00:50

    By the way, though, Kathy, I’m glad you are acknowledging the coercion that goes on on both sides. I hope you will check out the link I posted earlier in this thread to see the evidence of just how extensive it is for women who would not have chosen abortion if not for coercion by boyfriends, husbands, and abortion clinic staff.

    64% of women report that they felt coerced to have an abortion. 83% report that they would have carried the baby to term if they’d had the support of the father. In 95% of cases, men play a crucial role in the decision.

    The canard of ‘women’s choice’ needs to be exposed.

  52. Kathy
    November 17th, 2008 at 05:46

    I’m sure we’ll have to agree to disagree on whether or not it is wrong to ‘pressure a woman into continuing a pregnancy she doesn’t want’ in the sense of women having a right to an abortion for this reason.

    I think you misunderstand my phrasing, Christine. A pregnancy that is not wanted means, to me, a pregnancy that a woman decides she cannot bring to term for innumerable possible reasons — financial, health-related, family reasons, fetal abnormality, rape or incest, etc. The vast majority of women who have abortions do not make that choice lightly, or for frivolous reasons, or because they planned to have a baby next month but not this month.

    That is the canard, not the concept of “women’s choice.” Your apparent implication that no woman would choose to have an abortion on her own, unless she was being pressured or coerced, is extremely offensive and insulting. Women are adult human beings the same as men, and are capable of making adult decisions. Women are competent moral decision-makers. You infantilize women when you sneer at the very idea of the validity of a woman’s choice when it comes to decisions about her own body.

    It should not surprise you that I “acknowledge” women can be coerced into having an abortion, and that I condemn forced abortion as strongly as I do forced childbirth. That is what “pro-choice” means. If a woman cannot choose to end a pregnancy, because the law forbids her to do so or because others prevent her from doing so by force, then she cannot choose to continue a pregnancy, either. Choice only exists in the context of more than one option. Moreover, the entire concept of morality depends on choice. How can you make a moral decision, or an immoral decision, if you can’t make a decision?

    As you have noticed throughout this discussion, I have shared personal information about my life when it felt contextually appropriate. So I will tell you now that I know for a fact it’s not a canard to have a choice, because I chose abortion — twice, and for the same reason. There’s a hint at the nature of that reason in what I wrote earlier, about the content of my testimony about parental notification in NJ, so I’ll only be more specific if you need me to be. But the point is, I had the abortions, I now have a 19-year-old daughter who was wanted and is loved beyond what words can express, and although I have felt much grief over the circumstances life handed me that made the abortions necessary, I do not regret the abortions. If I had it to do over and the circumstances were the same, my decision would be the same. I had the legal right to make that decision. I shudder to think where I would be right now if I had not.

    Finally, I do want to make it clear, if it hasn’t been, that I respect your pro-life beliefs and I am absolutely certain those beliefs are deeply felt — as deeply as mine are. I would not want to persuade you out of those beliefs even if I could. What makes me angry (in general, not just with you), and what I object to, is imposing those beliefs on others via the law, putting the government into my private life and the private lives of all other women. You have the right of persuasion but you don’t have the right of coercion.

    So that’s where I stand.

  53. Kathy
    November 17th, 2008 at 05:58

    As long as you are willing to admit that you’re position is extreme, we can agree to disagree.

    LOL, I didn’t see this line before. I don’t agree, much less “admit,” that my position is extreme, and we will doubtless have to agreee to disagree whether I agree or admit, or don’t.

    My position is that every woman has the right to decide when and whether to have a child — whether that means the decision to conceive or the decision to keep or end a pregnancy that was not intended. The right to control what happens to your own body is the most basic human right there is — without that right, no other right has meaning. And that is not an extreme position.

  54. Kathy
    November 17th, 2008 at 06:16

    When one has a respect for the right to life of the fetus, it’s impossible to justify the killing of that human being in order to ameliorate the pain and suffering of the victim of the sex crime. I know that you and I do not agree on whether or not the fetus deserves that legal protection, but can you not see that it would be impossible to be logically consistent if one takes the view that a fetus does have the right to life?

    I keep on seeing statements I missed to which I feel compelled to reply.

    My answer to the above is no, I cannot see that. Anyone who would deny a rape or incest survivor the right to have an abortion is taking a position that is as heinous as anything I can imagine. Additionally, I do not agree it is logically inconsistent to posit a right to life for the fetus while agreeing that a girl or woman who is pregnant as the result of rape or incest has the absolute right to end that pregnancy. I think it’s very extreme to take the position that a fetus has a right to be born that can even be compared with the right of a living, individual girl or woman to eject from her body the product of a violent assault on her body. In fact, *that* stance appalls me much, much more than the overall general pro-life mantra that life begins at conception and abortion is murder. Because even if the latter were true, one would still want to make the distinction between the relative moral force of a fetal right to be born when exercising that right means destroying the psyche of the woman or girl in whose body the fetus exists.

    If you can live with the belief that torture is wrong but sometimes necessary or unavoidable to avoid an even greater evil, then surely you can live with the belief that abortion is wrong but sometimes must be allowed to avoid an even greater evil — that of forcing a raped woman to bear the rapists’ child.

    The ability to make distinctions is, in my view, a key part of rational human behavior.

  55. Kathy
    November 17th, 2008 at 06:31

    I am willing to compromise on the legal standing of abortion as long as the women who bear the responsibility of deciding on a case by case basis whether or not the products of their conception are human beings are not, are at least going to have to carefully deliberate both sides of that issue.

    As if they don’t already.

    You, however, are not willing to even allow a centimeter of movement in that direction (and no wonder, because it threatens the ability of some women to believe that abortion is nothing but a tonsillectomy.)

    The truth is, you do not have the right to say such a thing unless you yourself have faced that choice. It’s hard for me to convey — at least, in a civil way, which I am bound to do here — how little respect I have for the judgments of one who would presume to know what goes on in the mind and heart of a woman considering an abortion. Unless you, yourself, have had an abortion because you concluded that abortion was nothing but a tonsillectomy, it is thoroughly disgraceful for you to say such a thing.

    I will leave it at that.

  56. C Stanley
    November 17th, 2008 at 07:34

    Kathy, I’m sorry that I raised something so personal, but please note that your own degree of personal deliberation over the decision does not mean that all or even the majority of women have the same experience. And I will again point you to the website I linked to which provides stats, because that is what I’m basing my statements on. I have no doubt that many women do agonize over this decision, and some deliberate and come to the personal conclusion that you did- but the evidence I’m trying to point out is that many women deliberate but then come to the conclusion to abort only because they don’t feel they have another choice (because they don’t have the support to raise a child.) I hope that my point is clear, that this does not mean that I believe that was your own situation. I’m basing this on the self reported responses of a large percentage of other women. When that many women report that they felt coerced, I’m sorry but your own anecdotal experience doesn’t outweigh that evidence. That’s not a disrespect for women’s ability to reason and make a decision (I’m a woman myself, and believe me, I do not hold a low opinion about the reasoning abilities of our gender)- it’s an indictment of the men who are involved (who use as an excuse for responsibility the idea that it’s not their body that will bear the pregnancy so they can’t make the choice- yet by avoiding responsibility they actually coerce in the direction of aborting) and of society in general which doesn’t provide enough support for women in these situations, and for the abortion clinic staff who aren’t counseling even in a neutral manner about other choices (again, according to these stats reported by women, and also based on my own personal experience and others I’ve heard about.)

    And I do still maintain that we each hold extreme positions on this issue. I respect that you had a legal right to make the choice that you made, and I respect that you personally don’t regard abortion the same way that I do. I honestly think that our respective opinions are appalling to each other- and I think we’re both doing our best to keep that in check and not direct the emotion at each other (at least I feel that you are attempting that and I hope I have done so.)

    And again- the reason I describe your position as extreme is that you place the primacy on the woman’s right to choose (or control her body, as you put it, a basic point where we disagree), while I put the emphasis much more in the direction of the right to life for the other human being involved in the situation.

    I am terribly sorry if my expression of my views is hurtful to you. I think this is a conversation I could have much more compassionately in a personal discussion rather than on a forum such as this one. But as much as I regret any possible pain, I can’t allow that to keep me from expressing my own strong belief in right to life.

    I will leave it there too.

  57. Undi
    November 17th, 2008 at 19:01

    Sometimes I truly feel sorry for the Catholic church. They are so confused, so stone age, so lost. It’s mind boggling to me that they have a billion disciples world wide.

  58. Kathy
    November 17th, 2008 at 20:47

    Christine, I appreciate your response. It’s thoughtful and sensitively written. I really thank you for it.

    It’s true that many women who choose abortion would make a different choice if they felt they had support from the father or from society in general. And in fact, my best friend from college was in that situation. This was many, many years ago now (like, almost 30, if I’m counting correctly), but she had a boyfriend at the time who was a total jerk. I disliked him from the start, even before she got pregnant. Anyway, she did become pregnant, and she had no means of supporting a child at the time. Her boyfriend told her he would pay for an abortion, but she was on her own if she decided to have the child.

    She had an abortion. I know it was an agonizing decision for her. I offered to help her raise the child if she had it (a very rash offer, probably; I was just as financially unable to support a child as she was), but she decided to have the abortion.

    I was the one who drove her to the hospital, took her home afterward, and supported her emotionally. I was the one who was there for her. Her boyfriend was gone. I say this, not to tout myself, but because it *still* makes me angry that the one person who should have been there for her, wasn’t. I’m realizing that as I’m typing this. I was pro-choice then as I am now and I felt that she had the ultimate right to make that decision, but her boyfriend’s callousness just made it so much harder for her.

    I think where you and I differ (well, one of the places where we differ) is in how we view the solution. I think that we (“we” meaning society as a whole) should make it much easier for a woman to choose to continue a pregnancy in such circumstances. That’s one of the reasons I support a national health care policy that would cover all Americans, regardless of ability to pay or employment status. It’s one of the reasons I support a federal system of subsidized child care whereby women, and parents in general, can find safe, quality child care at a price they can afford, which means no-cost if necessary. There are many other areas in which social and economic policy on both a state and federal level could make it far easier for a woman in a crisis pregnancy to have the child.

    I much prefer that approach to the coercive option of making abortion illegal and forcing women to have babies they are not emotionally or financially able to care for.

    Of course, even if we had such a system, there would still be situations in which a woman would choose to end a pregnancy; i.e., situations like the one I was in, where the fetus had a fatal and incurable genetic condition, or the case of rape or incest, or in instances where pregnancy threatened the life or health of the mother. No one but the woman herself and those closest to her can know when those factors are present. That’s why, in my view, abortion has to stay legal and accessible. But we can make it much easier for a woman to choose to continue the pregnancy. That would be so much better, and more in keeping with constitutional guarantees of personal liberty, than the overturning Roe v. Wade or a federal ban on abortion route.

    And perhaps someday we will have the opportunity to meet in person and have that more compassionate and productive conversation. More unlikely things have happened, in my life at least!

  59. C Stanley
    November 17th, 2008 at 21:14

    Thanks, Kathy, and same to you. We don’t really differ on the general part of the solution (supporting women to make the choice of carrying a pregnancy if she wishes to make that choice), just the methods of doing so. I would place a lot more emphasis on adoption, and since I don’t think a nationalized health care plan would be sustainable I have other ideas about comprehensive health care reform that I believe would address cost issues and make health care more affordable and accessible.

    Anyway, the bottom line here is that even with our polarization on the abortion issue, we can still see some common ground and that’s a good thing. I think people need to have the courage to press on with these types of discussions, avoiding talking points as much as possible, and forgiving occasional lapses into heated rhetoric as long as all parties are making a good faith effort. We will probably never agree but can at least better understand each other.

  60. C Stanley
    November 17th, 2008 at 21:19

    Just to clarify- I don’t mean of course that women should be coerced into giving up babies for adoption either- just that that choice should be made more accessible, practical, and less stigmatized for women who would consider it a good solution to an unplanned pregnancy.

  61. Lara Kate
    November 17th, 2008 at 22:52

    Undi, many people hate what they think the Roman Catholic Church is but few people hate what it actually is.

  62. Kathy
    November 18th, 2008 at 06:09

    We will probably never agree but can at least better understand each other.

    And I think that understanding is actually a more profound and meaningful goal than merely agreeing.

    Indirectly related: I just saw an article in Time that absolutely floored me. I’m just curious if you’ve seen it, and what your thoughts are about it. I had no idea this was happening.

    Again, this is not meant to directly be a part of the abortion discussion. It’s just that I happened to see this article, and it’s tangentially related in that it’s about children and their welfare.

  63. Grewgills
    November 18th, 2008 at 11:40

    …but for starters, this site has research based information…

    My wife, who teaches ethics, asked me to thank you for that link. She is going to use it in her section on ethics and abortion.

    Please have her follow up on the references. I only followed up on the first one so far and the stat they list (64% involve coercion) does not appear on preliminary reading to be supported by the article cited. Most of the cites are not to neutral sources.
    For the rementioned stats of:
    83% report that they would have carried the baby to term if they’d had the support of the father.
    The cite is
    D. Reardon, Aborted Women, Silent No More (Springfield: IL, Acorn Books, 2002)
    and for
    In 95% of cases, men play a crucial role in the decision.
    The cite is
    M.K. Zimmerman, Psassages Through Abortion (New York: Praeger Publishers, 1977)

    This is not to say that there might not be some problems, but I would take this cite with a bucket of salt. I acknowledge that there are some problems here and they need addressing, but I do not find most of these sources to be unbiased. Certainly opponents of abortion would not find PP stats not supported by neutral 3rd parties to be sufficient evidence of their position.

    The refusal to consider fathers as in any way relevant to reproduction after the biological act of conception makes pro-choicers complicit in the problem of deadbeat fathers, in my opinion. You can’t expect to tell an entire class of people (men) that their moral input is unwelcome and irrelevant but that their checkbook is essential at the same time. Because of the biological facts of pregnancy, I don’t have a problem making the decision to have or not have an abortion exclusively for the mother, but I think the father should have the legal right not to fund a decision he did not agree to.

    I would agree that a father that does not support the decision to abort should not be forced to pay for it. I do not agree that a father who wants the mother to abort should be absolved of responsibility for the potential child if the mother chooses not to abort. I cannot tell from your syntax but referring to this as increasing deadbeat dads implies you would disagree with the second point. Your other comments make me doubt this. Absent that position though how would this issue increase deadbeat fathers?

    Additionally, I do not agree it is logically inconsistent to posit a right to life for the fetus while agreeing that a girl or woman who is pregnant as the result of rape or incest has the absolute right to end that pregnancy.

    I think it is the only logically consistent position. If you believe it is a living child, it is not permissible to kill it regardless of its parentage. If there is a living person, that person is guaranteed the right to life. The only defensible positions I see are based on when personhood begins. Whether it begins at conception or birth or some period in between, when it begins the person should be guaranteed the right to life.

  64. C Stanley
    November 18th, 2008 at 15:50

    Kathy,
    I hadn’t seen that particular article (and have only had a chance to skim it from your link) but I am well aware of the problem and absolutely heartbroken over it. My awareness comes from contact with a lot of families of special needs kids; one of my children has an anxiety disorder (though she’s almost completely overcome it now) and the other (my adopted child) is possibly bipolar. I am involved with a couple of family groups concerning these disorders, and everyone’s pretty horrified over these child/teen abandonment cases. In fact, even when the Nebraska law first passed, before a single case actually occurred, there was a lot of buzz among the parent groups that this was bound to happen. On the bipolar parent forums in particular, there are lots of families dealing with kids who have violent episodes and are VERY difficult to manage, and the parents were all well aware that many families would sadly resort to this when they just can’t cope any longer. It’s incredibly difficult even under the best of circumstances to raise children who have biochemical ‘rage’ storms, especially since the families often bear the brunt of it. What I’ve realized (fortunately while my son is still young enough that hopefully it will help) is to see his anger as a cry for help, so that it’s obvious that any rejection or risk of abandonment for him due to that would be very likely to make the course of the disease much worse. IOW, as hard as it is, the prescription of unconditional love is really, really important. I can certainly empathize with the parents who are giving up, but my heart breaks for the kids too. I hope that the law is amended very quickly, and perhaps the silver lining might be increasing awareness of the difficulties faced by families raising kids with special needs.

  65. Kathy
    November 18th, 2008 at 20:10

    Christine,

    Yes to your last sentence especially, since increasing awareness might hopefully lead to some formal attempts to provide tangible support for these families. It would be helpful if they had somewhere or someone to turn to. And you’re right; it’s heartbreaking both for the children and for the parents, most of whom I’m sure are doing this out of complete and utter despair and not because they don’t love their children.

  66. Kathy
    November 18th, 2008 at 20:26

    I think it is the only logically consistent position. If you believe it is a living child, it is not permissible to kill it regardless of its parentage. If there is a living person, that person is guaranteed the right to life. The only defensible positions I see are based on when personhood begins. Whether it begins at conception or birth or some period in between, when it begins the person should be guaranteed the right to life.

    But assuming the validity of your definition of personhood (for the sake of argument), there are TWO persons here, grewgills. That is the essential conflict of interests in abortion that can never be completely resolved. Does the fetus’s “right to be born” (in my view, that’s the right being posited) trump the girl’s or woman’s right to her physical and mental health? Is it right to remove the woman’s right to control whether she continues to have the living product of the rape inside her body for nine months when she already lost the right to control what was done to her body via the rape itself? It’s like being raped twice. Both times she has no say over how her body is used. It horrifies me.

    And what about the issue of suicide? I’m sure you remember the case of that Irish girl who was raped by a “friend” of her family and had to fight the government of Ireland even for the right to go to England to have an abortion — *even though* she was suicidal. I think she was finally allowed to go to England and have the abortion after an extended international outcry over the incident. But the question remains: If a woman is physically prevented from ending a pregnancy that resulted from rape or incest, and kills herself, then both lives are lost anyway.

  67. Claudia, Assistant Editor
    November 19th, 2008 at 02:05

    Kathy, though I am certainly on your side of the debate on the matter of abortion, I believe your argument about the right to be born vs. the right to mental wellbeing is flawed.

    Simply put, if you really actually believe that a fetus is exactly the same, in moral terms, as a full grown infant, then the psychological wellbeing of the mother takes a back seat. It’s horrible, but it makes sense. If for some reason the only way to mitigate a horribly traumatic experience for a woman would be to kill a newborn child, it would never ever be permissible. A child has more of a right to live than a person to feel ok emotionally.

    However, the fact is that virtually everyone, even people who are profoundly pro-life, recognize at some level that a fetus is NOT equal to a full grown infant. That’s why only the most purist of pro-lifers would favor making abortion illegal in the case of rape and incest. It’s why even those who try to be consistent by saying even those instances should be illegal would not think to convict a woman to life in prison for getting an abortion, as they might for killing a full baby. The more extreme pro-lifers might want to see abortion doctors do some jail time, but again only the most extreme carry the matter to it’s logical consequence and would prosecute abortion doctors as mass-murderers. At some level they are all acknowledging that having an abortion isn’t really like killing a baby, or it would be punished the same way.

    If you really really believe that a 2 month old fetus is the same as a baby, then it’s absolutely rational that you believe that it’s right to live trumps the depression this could cause the mother, even if you feel sympathy for her. I happen to think very few people really truly feel that way though.

  68. Kathy
    November 19th, 2008 at 05:41

    Your point is well taken, Claudia. But if I’m understanding your argument correctly, then pro-lifers who say that:

    a)they believe life begins at conception, and that,
    b)a fertilized egg, embryo, zygote, fetus, etc., therefore all are the equivalent of a human child at birth, therefore,
    c)the only logically consistent position in the case of a pregnancy caused by rape or incest is that the fetus’s right to life takes priority over the woman’s right to her psychological and physical well-being,

    They are actually incorrect in their belief that this is the logically consistent position, because they really don’t believe a fetus is equal to an infant at birth. They may sincerely think they believe this, but if they really did, they would want to treat the aborting of an unborn infant, even in the case of rape or incest, in the same way, legally, that the killing of a newborn infant or a baby or child or adult of any age would be treated.

    The entire premise of that particular pro-life position — that it is logically inconsistent to exempt women pregnant as the result of rape or incest from a ban on abortion — is incorrect, because they are in effect acknowledging that a fetus is not equivalent to a newborn infant by their inconsistent views on what the legal consequences should be for a woman who has an abortion.

    Am I understanding your position correctly?

  69. Claudia, Assistant Editor
    November 19th, 2008 at 11:16

    Am I understanding your position correctly?

    Yes, you are.

    The fact that even extreme pro-lifers don’t actually believe what they say they do (that killing a fetus is the same as killing a baby) does not however mean that they don’t think the fetus is merely inanimate flesh. You can turn the argument around and ask what the essential difference is between a 1 day old infant and a viable 8 month old fetus. Most people would agree that differences are minimal, and simply having left the birth canal does not change you from not-life to life. The issue for the vast majority then becomes the cutting off point. I think you could draw three categories of development.

    1. Not in any way equivalent to a human life.
    2. Not equivalent to a human life but not lacking in special human properties (the gray area).
    3. A full human life, with all the accompanying rights.

    Pro-lifers don’t feel that category 1 is a valid one. However all but the most extreme of them recognize on some level the existence of category 2, where the fetus cannot be equivalent to a human infant but can’t be treated as a bunch of cells either. Virtually everyone who is pro-choice recognizes all three categories (I say virtually because there are probably some crazies who simply see it as black or white, as baby or not-baby). The really sticky subject is category 2, since I think almost everyone has a different definition of what it is, when it happens, and what regulation should surround it.

  70. C Stanley
    November 21st, 2008 at 17:46

    You are both making an incorrect assumption that those of us who believe that life begins at conception don’t truly believe that the embryo/fetus has the same rights as a born human being. The point where you err is where you infer that such a belief would necessitate the equal punishment of those who abort with cold blooded murderers. There are all sorts of cases where we don’t assign the same kinds of punishment for killing- that’s why there are various levels of culpability including negligent homicide, manslaughter, etc. I don’t know what the exact legal classification should be, but it’s certainly possible to vary the punishment because we take into account the intent and the emotional state of the perpetrator.

    And Claudia, you are right to point out that there’s no real distinction between the just born and the about to be born. When you consider it impossible to believe that an unborn child has the right to life, then how is it possible to believe that a just born infant does (particularly one that is premature and requires some artificial means of support?) There’s no bright line there between the moment between umbilical life support and self support- and there’s no moment at which a fetus acquires some level of sentience, or pain sensation, or any of the other arbitrary distinctions that are sometimes chosen as justification for a demarcation of attainment of human rights.

    At any rate, please stop assuming that you know that people like myself don’t actually believe what we say we believe. I can define my own beliefs for myself, thanks, and I’m happy to answer questions to clarify if necessary. It’s simply not necessary to believe that one type of human being is the same as another type of human being in order to believe that they both have the right to life. If that was a necessary condition, then we’d have trouble ensuring that a lot of types of human beings maintain their right to life as well (the severely mentally ill, those suffering from advanced senile dementia, etc.)

  71. Claudia, Assistant Editor
    November 21st, 2008 at 18:28

    C. Stanley, though I believe we have discussed this before, I don’t happen to think anyone has the real answer as to when what happens in terms of the humanity of a fetus. You are right to say that there is no “bright line”. For me personally I would put the area around when neural development starts (around the second month) since the ability to percieve is what I think makes us most alive. Before then I do not consider an abortion to be morally objectionable. After that, it becomes progressively worse as time goes by. I don’t really know when I’d put the matter into equality with a born infant. I don’t think anyone actually knows, all we have are different intuititve senses, not a good way to make laws. Viablity is a terrible measure since new technologies put that limit back further and further. Someday I fully expect pregnancies to be potentially possible entirely outside the mother. Incidentally, though still in the future I would hope that these sorts of technologies, once perfected, could lead to many fewer abortions, as women with unwanted pregnancies could opt to give up a baby in adoption without having to carry it to term.

    Though it seems unfortunate that something as clearly important as this be up to consensus, it seems to be the only path open given that everyone has their own definition. That said I do understand the absolute unwillingness to compromise of those who really believe the pure pro-life position.

    Only every person knows what they truly believe, but I can’t pretend I find it doubtful most people on the pro-life side really truly believe the ” a fetus is a baby” line entirely. If I thought millions of infants were being killed every year in my own country, nothing else would matter to me. I would highly approve of and even participate in the hunting down of baby killers. I would demand extremely high sentences for women who kill their own babies. Certainly simply voting for politicians who proclaimed they were against baby killing and on propositions to make baby killing more of a hassle would not be enought. I don’t see quite that level of urgency from a plurality of those who are pro-life, which leads me to conclude that somehow the killing of a fetus must be a lesser crime than the killing of a full infant. How is this justified without admitting that a fetus is not the equal of an infant?

  72. C Stanley
    November 21st, 2008 at 21:47

    Claudia, projecting how you’d feel if you believed that abortion was murder doesn’t prove a thing about how others feel. Perhaps you could take into account that many of us do feel that urgency, but that this doesn’t justify things that you mentioned (gunning down baby killers) because we know that two wrongs don’t make a right? And because we do in fact know that even if we believe its murder, that doesn’t mean that others agree? And that we understand and have compassion for women who make the choice to abort?

    Though it seems unfortunate that something as clearly important as this be up to consensus, it seems to be the only path open given that everyone has their own definition.

    Consensus? You mean the consensus (or majority opinion) of the 9 SCOTUS justices?

  73. Kathy
    November 22nd, 2008 at 01:06

    The point where you err is where you infer that such a belief would necessitate the equal punishment of those who abort with cold blooded murderers. There are all sorts of cases where we don’t assign the same kinds of punishment for killing- that’s why there are various levels of culpability including negligent homicide, manslaughter, etc.

    This, addressed to Claudia, misses the point. There is no such legal category as “cold-blooded” murder. Intent is the legal determinant for judging degrees of murder, as well as for judging whether it’s murder at all, or justifiable homicide, when one person kills another. The perpetrator’s emotional state and/or personal history can be taken into consideration in sentencing, but I have never heard of a case in which an individual charged with murder was convicted because the murder was “cold-blooded.” Either it’s murder according to the legal guidelines or it isn’t.

    Furthermore, you completely ignore the fact that when one person kills another, regardless of the ultimate legal outcome, there is a trial to determine guilt or innocence. The accused murderer is charged with a crime, arraigned, indicted, and tried by a jury of his or her peers. If a fetus is the equivalent of a baby, child, or adult who has been born and is a separate, distinct individual, and if abortion is murder, then the woman having the abortion should be so charged, and tried in court before a jury like anyone else accused of murder.

    Additionally, you are failing to take account of the fact that, even when emotional state and/or personal family or medical history are part of the defense in a murder case, it’s only in *some* murder cases, not in all. Unless you’re arguing that abortion is sometimes first-degree murder and sometimes self-defense and sometimes accidental manslaughter, what you are basically doing is positing abortion — as a category, or class — as being murder-but-not-murder.

    If emotional state or personal history were a legal factor in determining whether a killing is murder or not, then Susan Smith would not have been sentenced to life in prison (and there were many who wanted her to be executed) for murdering her children. Smith *did* murder her children, Christine. There’s no doubt about that. The issue at trial and in sentencing was her mental and emotional state at the time she murdered them. Without getting into what I, or you, think about that particular verdict, it is at least undeniable that Susan Smith’s “emotional state” did not get in the way of charging and arresting her for murder, and obtaining a guilty verdict and a sentence of life in prison for those murders.

    What you are suggesting, in essence, is that abortion is murder but should not be handled in law (charging, arresting, trial, sentencing) the way all other murders are handled. And whether you like it or not, that *does* lead one to conclude that in some way a fetus simply does not and should not have the same legal status as a human being outside of the womb.

  74. C Stanley
    November 22nd, 2008 at 02:25

    Kathy, part of the problem there is that I would favor punishment for the abortionist, but not for the mother. That would be a legal recognition of who is perpetrating the murder itself and who is involved in a different way (which would also allow for handling the role of the mother in a different manner.)

    Plus, I reject your assertion that abortion has to be handled in the same manner as other murders in order to prove that the fetus has the same right to life as other persons. An infant’s status, or that of a physically or severely mentally incapacitated individual, requires specific care to be given by responsible individuals, and those individuals then have the responsibility of providing life sustaining care. That doesn’t mean those individuals’ different status gives them extra rights as compared to healthy adults who can care for themselves. If we can recognize such differences without threatening the legal concept of right to life, then I see no reason that the abortion laws shouldn’t be able to reflect differences in status while still acknowledging the same basic concept of right to life.

  75. Kathy
    November 22nd, 2008 at 05:38

    Kathy, part of the problem there is that I would favor punishment for the abortionist, but not for the mother. That would be a legal recognition of who is perpetrating the murder itself and who is involved in a different way (which would also allow for handling the role of the mother in a different manner.)

    Would you advocate that the legal system handle the woman’s role in an abortion the way, for example, the legal system would handle the case of a man or woman who hires a hit man to kill a third person? The hirer in that scenario would face some type of conspiracy to murder charge, right?

    Or what about the instance of a woman who attempts to abort herself? If the fetus is indeed killed, why is she not guilty of murder in the first degree, with the legal consequences exactly the same as if she had killed her eight-year-old?

    Why isn’t the woman in the above scenario exactly the same as Susan Smith, who was convicted of planning and executing the murder of her two sons and is now spending the rest of her life in prison?

    Plus, I reject your assertion that abortion has to be handled in the same manner as other murders in order to prove that the fetus has the same right to life as other persons.

    Yes, I know you reject that assertion, but the question for me is how you justify handling the murder of a fetus differently if a fetus is a human being exactly the same as any other human being. If a fetus (or a fertilized egg, zygote, or embryo, for that matter) is a person and I am a person, then we are both persons. Why would or should the murder of a fertilized egg (a person) be handled differently in law from the murder of a grown woman? The fertilized egg or embryo or fetus is exactly the same as me. We are both human beings. Just like you and I are both human beings. If I have an abortion and you shoot the pizza delivery man dead when he comes to the door, shouldn’t both of us be charged with first-degree murder and executed if convicted and if we live in a death penalty state?

    An infant’s status, or that of a physically or severely mentally incapacitated individual, requires specific care to be given by responsible individuals, and those individuals then have the responsibility of providing life sustaining care. That doesn’t mean those individuals’ different status gives them extra rights as compared to healthy adults who can care for themselves.

    Well, exactly. And if an infant is murdered, the person who committed the murder or is suspected of having committed the murder is charged with murder if there is enough evidence to do so, arrested, tried in court, and acquitted or convicted. If convicted, that person could, depending on where they live, spend decades or life in prison, or be executed.

    If a fetus is exactly the same as an infant out of the womb, then aborting that fetus should be treated exactly the same as the murder of the infant out of the womb is treated. There should be no difference. And if you think there IS a difference, then I feel that you need to define in what that difference lies.

  76. C Stanley
    November 22nd, 2008 at 19:12

    Kathy, I’m not prepared to get into a lengthy discussion of all of the legal implications- I don’t have the time right now, nor the legal training, to do so.

    Suffice it to say that my examples pointed out that there are currently differences between individuals’ right to life- I was not talking about cases where infants are murdered due to violent action, but rather when they die of neglect. The law recognizes that the failure to provide for the necessary care of an infant would result in the loss of life which is punishable by law- but not necessarily in the same manner as the charges and punishment for someone who kills with a gun or knife. It would be a step further to say that the person who did so toward a fetus (a mother who takes action to end a pregnancy, thereby depriving the fetus of its life support) would perhaps not be punished at all under certain circumstances.

    And in other ways, too, our current laws aren’t consistent- when a fetus is wanted by the parents, then there are certain legal protections that the parents can sue for- suing doctors for malpractice, seeking murder charges (in some states, I believe) if an unborn child is killed in an attack on the mother, etc. There simply is no way to make it all come out consistent because the truth is that the unborn is different in certain ways but the same in others. I recognize the sameness part and argue that that’s too important to put aside, while you recognize chiefly the differences and say that makes the fetus disqualified from the fundamental state protection of right to life.

    Since current law contains a number of inconsistencies, I fail to see that the inability to reconcile the exact same punishment for all types of murder (born and unborn) would be a deal breaker. It’s a bit odd IMO to feel that the ONLY possible solution is to make sure that any human fetus that is still in utero or within the birth canal has ZERO rights (oh, except when the parents want to claim some rights) due to the fact that we can’t reconcile the exact same punishment for killing (either active killing or refusing care) for the unborn that we issue for the born. There are obviously biological differences along the continuum from conception to birth, just as there are throughout the child’s development after birth. Plus, I’ll acknowledge that there are differences in the bonding capacity of the mother which should lead to a greater culpability after birth than before. But I reject the idea that the law couldn’t possibly handle the gradations as an excuse for not dealing with right to life before birth at all.

    I’m going to have to leave it there for now.

  77. C Stanley
    November 22nd, 2008 at 19:28

    OK, wait, before I leave it…

    Let me just clarify that I am bringing up inconsistencies not as examples of how I think this particular issue should or could be handled by the law- I’m just pointing out that some inconsistency already exists and yet our foundational rights aren’t threatened by that (to give one more example, we consider minor children to be a different category which enjoys fewer rights- and yet they’re still fully human and their right to life is obviously guaranteed.)

    And one final point- I think that there would likely be a need for a Constitutional amendment clarifying the status of unborn human beings- and in that manner, the differentiation could allow for laws which handle abortion in a manner somewhat differently from murder of postpartum human beings, while still allowing for criminalization of the abortion process in some manner that balances the need to prohibit killing with the need for compassion for the pregnant woman.

  78. Kathy
    November 23rd, 2008 at 06:16

    I was not talking about cases where infants are murdered due to violent action, but rather when they die of neglect. The law recognizes that the failure to provide for the necessary care of an infant would result in the loss of life which is punishable by law- but not necessarily in the same manner as the charges and punishment for someone who kills with a gun or knife.

    When an infant dies because of neglect, that is a criminal offense. Whether it’s the mother, or the father, or someone else who is responsible for the conditions of neglect that led to the death depends on the circumstances, but it’s still a crime, and *someone* is going to be charged with negligent homicide and be tried in court.

    And in other ways, too, our current laws aren’t consistent- when a fetus is wanted by the parents, then there are certain legal protections that the parents can sue for- suing doctors for malpractice, seeking murder charges (in some states, I believe) if an unborn child is killed in an attack on the mother, etc.

    Well, I certainly know more than the average person about suing doctors for malpractice, because my then-husband and I tried to file a wrongful birth suit against the medical laboratory that told us he was not a carrier for Tay-Sachs, when in fact he was. We were not successful, because in New York State, where we then lived, there is no legal provision for wrongful birth lawsuits. But if we *had* been able to sue, the claim would not have been murder. Obviously, this doctor did not murder our daughter. He was negligent in analyzing a genetic test, which resulted in my having a child with a fatal disease.

    That does not indicate that my daughter, at 11 months old which was her age when she was diagnosed, was not a human person. It had nothing to do with her humanness. It had to do with the doctor’s intent.

    Malpractice is not the same as murder. It’s malpractice — literally a bad practicing of medicine such that someone under the doctor’s care is harmed or killed. There’s no intent to kill — unless there is, of course. Then it’s not malpractice; it’s murder.

    So where is the connection to abortion, where the woman most certainly does intend to kill the fetus? The intent is there. What’s not there is the personhood of the fetus. You say a fetus is a person at every stage of development from conception onward, so a woman who has an abortion should be charged with murder.

    Since current law contains a number of inconsistencies, I fail to see that the inability to reconcile the exact same punishment for all types of murder (born and unborn) would be a deal breaker.

    Because whatever inconsistencies there are (and so far I haven’t seen you give an example of a real inconsistency in treating *the same offense*), there is still a legal process of crime committed, person charged with said crime and arrested, person given a trial, and if convicted, sentenced to an appropriate legal consequence. I can’t see any reason for skipping or truncating or changing that basic process in the case of abortion, other than that a fetus is not a human person as someone who has been born, is.

    Plus, I’ll acknowledge that there are differences in the bonding capacity of the mother which should lead to a greater culpability after birth than before.

    Bonding capacity has, or should have, nothing to do with culpability in a legal sense. If you think about it, anytime a mother intentionally kills her children, there’s something dysfunctional about the bonding, there.

    But I reject the idea that the law couldn’t possibly handle the gradations as an excuse for not dealing with right to life before birth at all.

    Nobody here (and very few people anywhere) would argue with that. That’s why abortions late in a pregnancy are only done for serious medical reasons. No woman has an abortion in the eighth month because she suddenly decides she doesn’t want to be a mother. By contrast, a woman who finds out she’s pregnant at six or eight weeks gestation and doesn’t want to have a baby or to go through pregnancy and childbirth may choose abortion. And there’s nothing wrong with that. If a woman decided a couple of weeks before her due date that she wanted an abortion, however, I would say something was very wrong with that. And no reputable doctor would perform an abortion that late in pregnancy for that reason.

    I’m just pointing out that some inconsistency already exists and yet our foundational rights aren’t threatened by that (to give one more example, we consider minor children to be a different category which enjoys fewer rights- and yet they’re still fully human and their right to life is obviously guaranteed.)

    And once again, Christine, if a minor child is killed, there is a legal process from evidence-gathering to trial, verdict, and punishment. If a fetus is to have the same right to life as a minor child, then logically there must be the same legal process. I simply can’t see any rational argument for treating an abortion differently in law from the murder of a minor child, if there is no moral difference between killing a minor child and killing a fetus.

    … the differentiation could allow for laws which handle abortion in a manner somewhat differently from murder of postpartum human beings, while still allowing for criminalization of the abortion process in some manner that balances the need to prohibit killing with the need for compassion for the pregnant woman.

    Why? As a consolation prize for taking away her body rights? And would you favor laws that handle the case of a mother who kills a minor child while in the midst of postpartum depression? What about a mother who kills her baby a month or two after she gives birth, because she didn’t want the child but was not allowed an abortion? Should the law treat her the same way as it would treat a woman who has an illegal abortion, in the interest of balancing the need to prohibit killing with the need to show compassion toward the woman?

    These questions are not meant sarcastically. They are questions that come up as a consequence of the inconsistency in how abortion opponents propose to treat women who have abortions if abortion becomes illegal. I think they are reasonable questions, and I think they need to be answered (in general).

    I have sympathy for the point of view that society should not have to wait for all possible problems and inconsistencies to be foreseen and dealt with before correcting a great injustice. But I do think that, at the very least, attempts should be made to anticipate and try to address such problems and inconsistencies, as well as to decide whether those possible problems and inconsistencies are likely to create injustices as bad as the one that you’re trying to eliminate.

  79. C Stanley
    November 23rd, 2008 at 15:27

    Malpractice is not the same as murder. It’s malpractice — literally a bad practicing of medicine such that someone under the doctor’s care is harmed or killed. There’s no intent to kill — unless there is, of course. Then it’s not malpractice; it’s murder.

    Kathy, I don’t know how the law handles malpractice cases involving fetal harm or death- it’s possible that the concept I’m describing is skirted by the language of the law- but in effect, a recognition of malpractice against a fetus implies that the fetus itself is a patient and that implies some rights. Once again, I’ll point out that I’m not making direct comparisons, just pointing out the inconsistencies that already exist because this shows that there’s not a greater consistency in the current legal construct than there would be if laws were changed to give greater acknowledgment of fetal right to life.

    And just because your particular case wasn’t an example of fetal death doesn’t mean the broader conclusion is supported. Since you don’t feel I’ve supported this with specific examples, how about the case where people can be tried for murder if they kill an unborn child of a pregnant woman in an auto accident or violent attack on the woman?

    Bonding capacity has, or should have, nothing to do with culpability in a legal sense. If you think about it, anytime a mother intentionally kills her children, there’s something dysfunctional about the bonding, there.Yes, dysfunctional, whereas I think it would be normative to accept a lack of bonding in most cases of early, unplanned pregnancy. That’s the point- we treat negligent parenting as a dysfunction to be addressed by the legal system (and perhaps as a mental health issue) whereas society could determine that the bonding is not necessarily expected between mother and child in early pregnancy and thus ought not to be punished the same way as a mother who neglects or kills a child that’s already born.

    I simply can’t see any rational argument for treating an abortion differently in law from the murder of a minor child, if there is no moral difference between killing a minor child and killing a fetus.
    Because there can be a moral difference between two different types of killing, without implying a difference in the Constitutional right to life. Again, I’ll point out that our current laws acknowledge this all the time. Previously, you said that intent is only taken into account in sentencing, but that’s not true- various charges apply to various types of wrongful deaths, including manslaughter, negligent homicide, all the way up to murder one. That’s not in the sentencing phase, it occurs at the outset according to conditions including intent. I realize it’s probably unprecedented to have a category that completely skirts any charges at all for someone who’s involved in a killing, but that’s pretty much what I’d advocate for in the case of most women who abort- and that’s why I’ve tried to describe the need for balance and compassionate treatment of the woman (I’ll get to more on that in a moment) while placing most of the legal burden of punishment on doctors or others who perform abortions.

    Bottom line on this point though is that I see a moral difference between taking a fetal life and taking the life of an already born child’s life- but not a stark difference that implies no right to life for the unborn. That position, I believe, supports the idea that there can be different legal standards of punishment for those who are involved in each case, but standards that still guarantee a right to life for both classes of individual.

    Why? As a consolation prize for taking away her body rights? And would you favor laws that handle the case of a mother who kills a minor child while in the midst of postpartum depression? What about a mother who kills her baby a month or two after she gives birth, because she didn’t want the child but was not allowed an abortion? Should the law treat her the same way as it would treat a woman who has an illegal abortion, in the interest of balancing the need to prohibit killing with the need to show compassion toward the woman?
    Let me handle the last questions first- I think all of those should be handled more as mental health problems rather than crimes. Criminality would be more in play with a case like Susan Smith (a woman who’d already past the postpartum period and seemingly abandoned her maternal obligation in favor of a romantic relationship, at least from what I know of the facts of that case.) There are always those gray areas, where there are probably mental health reasons for many crimes, but determining the difference would be similar to the rationale that’s used to either accept or reject an insanity defense now.

    Now, for this part: “Why? As a consolation prize for taking away her body rights?”

    No, that’s not it at all, because no body rights are being taken away. Every woman who has consensual sex has the means to prevent pregnancy either by using birth control or by avoiding sex altogether if the slight risk of pregnancy is completely unacceptable to her. It’s only in the case of non consensual sex that this right is abridged, and we already have laws on the books against those acts.

    What I do think needs to be taken into account though is the obligation of society and of male sex partners to share in the burden of unplanned pregnancies. Unfortunately, the current predominant attitude that only the woman involved can make the determination of choosing life or death for the fetus has the opposite of the desired effect of spreading that responsibility. It puts more burden on the woman, not less- and basically tells women that society is willing to look the other way if she feels she needs to choose to dispose of a pregnancy because collectively (and specifically in the case of the fathers) we’d rather not have to deal with it.

  80. C Stanley
    November 23rd, 2008 at 16:04

    Malpractice is not the same as murder. It’s malpractice — literally a bad practicing of medicine such that someone under the doctor’s care is harmed or killed.
    I just realized that you’re actually making my point for me here (something I’ve been trying, perhaps not very successfully, to express.)

    The point is that in your analogy, medical malpractice which results in the death of an individual (leave aside for the sake of this point whether or not that individual is a fetus, child, or adult) is not legally considered murder. So, there we have an example of how an individual can die as a result of the actions of another individual, yet no one is charged with murder. The right to life of that individual is not threatened by the lack of murder prosecution; instead, the death is handled by the law according to whatever punishment society deems appropriate for the malpractice. And again, I do realize that what I’m proposing (for most women to not be legally charged in fetal deaths from abortion at all) goes a step further- removing them from the culpability altogether. But my point is that if society can handle other wrongful deaths without murder charges, then there is obviously a way to preserve right to life without having to call such deaths murder in the legal sense.

  81. Kathy
    November 24th, 2008 at 04:43

    Since you don’t feel I’ve supported this with specific examples, how about the case where people can be tried for murder if they kill an unborn child of a pregnant woman in an auto accident or violent attack on the woman?

    Can they? I mean, is that actually law in most or all states? If it is, it shouldn’t be, in my view. A fetus is not a human being or a person in the legal definition of that term.

    ld be normative to accept a lack of bonding in most cases of early, unplanned pregnancy. That’s the point- we treat negligent parenting as a dysfunction to be addressed by the legal system (and perhaps as a mental health issue)

    Then why was Susan Smith sentenced to life in prison? And why was that sentence as controversial as it was at the time, with death penalty advocates saying she should have been executed? Susan Smith was, if anyone is, the poster child (so to speak) for lack of maternal bonding and bonding dysfunction.

    whereas society could determine that the bonding is not necessarily expected between mother and child in early pregnancy and thus ought not to be punished the same way as a mother who neglects or kills a child that’s already born.

    Except that, as I said before, bonding — expected or not — is not a factor in the legal determination of what charge to bring against a mother who kills her children.

    Previously, you said that intent is only taken into account in sentencing,…

    I didn’t say that. Here is what I said:

    “Intent is the legal determinant for judging degrees of murder, as well as for judging whether it’s murder at all, or justifiable homicide, when one person kills another.”

    What I said was taken into account when sentencing is emotional state or personal history. Here is what I said on that:

    “The perpetrator’s emotional state and/or personal history can be taken into consideration in sentencing, but I have never heard of a case in which an individual charged with murder was convicted because the murder was “cold-blooded.” Either it’s murder according to the legal guidelines or it isn’t.”

    No, that’s not it at all, because no body rights are being taken away. Every woman who has consensual sex has the means to prevent pregnancy either by using birth control or by avoiding sex altogether if the slight risk of pregnancy is completely unacceptable to her. It’s only in the case of non consensual sex that this right is abridged, and we already have laws on the books against those acts.

    Setting aside, for the sake of keeping this discussion at least somewhat narrowly focused, the fact that many if not most self-identified right-to-lifers or pro-lifers actively support laws and policies to make it as hard as possible for women to obtain and use birth control, the existence of birth control does not erase a woman’s right to say what happens to her body. Birth control can fail, birth control is not always relevant to the reason why a woman needs an abortion (as in my case), abstaining from sex is not always the best idea (like when you’re married for instance — and no the rhythm method doesn’t always work), and laws on the books that punish rape and incest have nothing to do with the right of a girl or woman who’s been raped to not carry the rapist’s seed inside her for nine months, thus exerting the control over her body that was violently taken away from her by the rapist. Yes, we have laws on the books against rape; what does that have to do with the atrocity of forcing a woman who’s been raped to carry the rapist’s seed inside her for nine months — if possible, even more of an atrocity when the rapist is the girl’s father or other male relative. The legal prosecution of an alleged rapist has nothing to do with the woman’s body rights. Not to mention the fact that most rapes are never reported, and even reported rapes often end up not being prosecuted, and even rapes that are prosecuted often end up with an acquittal for the accused rapist.

    Bottom line, my position is that every woman has the right to have birth control available to her, AND the right to decide whether to end or keep a pregnancy that is not viable for her, for a zillion different possible reasons. These are reproductive rights. One reproductive right does not cancel out another.

    Unfortunately, the current predominant attitude that only the woman involved can make the determination of choosing life or death for the fetus has the opposite of the desired effect of spreading that responsibility. It puts more burden on the woman, not less- and basically tells women that society is willing to look the other way if she feels she needs to choose to dispose of a pregnancy because collectively (and specifically in the case of the fathers) we’d rather not have to deal with it.

    With respect, Christine, that doesn’t make any sense. Men can always walk away from the woman they’ve impregnated, whether she has the baby or not. They’ve been doing it for thousands of years. Forcing a woman to have an unwanted or unviable baby does not make it any more likely that the man involved will be there for her, either emotionally or financially. Additionally, your presumption that you know what is the greater burden for any given woman, having a child or having an abortion, is — well, presumptuous. And it’s condescending, too. We are going to make abortion illegal so a woman has to risk her life to have one because you, and the rest of society, knows what is best for pregnant women everywhere? A woman must be forbidden to have an abortion because we really know she doesn’t really want an abortion and it’s really a burden on her to be able to choose whether she has a child or not? That’s really kind of outrageous, in my view.

    The point is that in your analogy, medical malpractice which results in the death of an individual (leave aside for the sake of this point whether or not that individual is a fetus, child, or adult) is not legally considered murder. So, there we have an example of how an individual can die as a result of the actions of another individual, yet no one is charged with murder.

    Yes, that’s true. And — once again — the reason it’s true is because if a patient dies as a result of malpractice, then there is no intent to kill, and *that* means that it is not murder — at least not murder in the first degree. It has nothing to do with the patient’s right to life, Christine. It has to do with the intentions of the person who took away that life.

    Intent. Not right to life. Intent.

  82. Kathy
    November 24th, 2008 at 05:01

    It puts more burden on the woman, not less- and basically tells women that society is willing to look the other way if she feels she needs to choose to dispose of a pregnancy because collectively (and specifically in the case of the fathers) we’d rather not have to deal with it.

    Something else on this point. When you say, “collectively we’d rather not have to deal with it,” then logically it would seem that you would agree with the premise that it is a societal responsibility to make sure every pregnant woman, every child, and every mother has access to (1) appropriate and necessary prenatal and postpartum medical care, including for postpartum depression and health problems related to the pregnancy;(2)free or low-cost health care via a national insurance program for her child and for herself; (3) affordable housing, good public schools, and low-cost or no-cost child care services; (3) the means to care for herself and her child in economic crises; i.e., unemployment, disability, income assistance, etc.; (4) government-subsidized tuition, loans, scholarships so the woman can attend school and get the education she needs to get a better job.

    If you truly do believe that society has a collective responsibility to make it possible for a woman to choose to continue a pregnancy and care for a child on her own, that’s what I imagine you would want to support.

  83. C Stanley
    November 24th, 2008 at 14:16

    Setting aside, for the sake of keeping this discussion at least somewhat narrowly focused, the fact that many if not most self-identified right-to-lifers or pro-lifers actively support laws and policies to make it as hard as possible for women to obtain and use birth control,
    Kathy, although I believe that a percentage of prochoice advocates are actually proabortion, I’ve refrained from describing that way and I certainly acknowledge that this isn’t the majority of people who identify as prochoice. I’d appreciate if you similarly refrain from conflating some prolife people who would restrict access to birth control from the prolife movement in general, or if you do not accept that distinction than please show me a single mainstream prolife group which seeks to restrict access. The personal views of prolife people on birth control are very varied; many do not agree with handing out condoms in schools, for example, but most are not even in favor of ‘abstinence only’ education in schools as far as I’ve seen those views expressed (most do, however, favor abstinence teaching as part of comprehensive sex ed.) I personally do not feel that the use of artificial birth control is morally acceptable, but I would never think of imposing that view by law on other people. This is different than abortion because it is strictly a religious view (based on the acceptance of God as creator who chooses when a new life should be conceived) vs. abortion, which has both religious and non-religious dimensions.

    the rhythm method doesn’t always work
    Natural family planning is not the old ‘rhythm’ method, and it is slightly more effective than artificial birth control when correctly used.

    Something else on this point. When you say, “collectively we’d rather not have to deal with it,” then logically it would seem that you would agree with the premise that it is a societal responsibility to make sure every pregnant woman, every child, and every mother has access to (1) appropriate and necessary prenatal and postpartum medical care, including for postpartum depression and health problems related to the pregnancy;(2)free or low-cost health care via a national insurance program for her child and for herself; (3) affordable housing, good public schools, and low-cost or no-cost child care services; (3) the means to care for herself and her child in economic crises; i.e., unemployment, disability, income assistance, etc.; (4) government-subsidized tuition, loans, scholarships so the woman can attend school and get the education she needs to get a better job.

    Whoa there! Logically it would mean no such thing, unless one believes that everyone’s personal responsibility is completely moot when government doesn’t provide for our every need. We don’t currently refrain from punishing parents for killing their children because the parent did not have a well paying job or didn’t have health insurance coverage. One can believe that there are societal obligations that don’t have to be met by government programs, and that some degree of personal responsibility still exists even when society fails its obligations, Kathy.

    Yes, we have laws on the books against rape; what does that have to do with the atrocity of forcing a woman who’s been raped to carry the rapist’s seed inside her for nine months — if possible, even more of an atrocity when the rapist is the girl’s father or other male relative.
    One atrocity doesn’t help ameliorate another, it’s as simple as that. We don’t say that when a woman is abused by her husband that it would be better to allow her to kill the husband, for instance, or to kill her children that came from a union with that husband. If the fetus has a right to life, than this is a primary right which can’t be trumped by another person’s right to comfort, even if we recognize how severe the discomfort would be. I know we’ll never agree on this part, especially since even many prolife advocates can’t accept the totality of right to life in these cases.

  84. Grewgills
    November 24th, 2008 at 19:00

    CS,
    I disagree with you about when personhood begins and neither of us will change the others mind on this so I will leave aside that argument. I completely understand that if you believe that personhood begins at conception you must believe that abortion in all cases is unacceptable. To believe otherwise in that case is not logically defensible. Some do try to tie logic in knots to defend both personhood at conception and abortion in cases of rape or incest but I think that one or both arguments fail logically in those cases. Where I disagree with you is the logical consistency of considering abortion as less of a moral or ethical wrong than murder (or at least manslaughter) if you do believe that the aborted fetus is a full person with all the rights of a newborn. Why do you feel that abortion should be treated legally differently than infanticide or assisted infanticide? Is it a moral/ethical or a practical position?
    It is not malpractice in any meaningful or legal sense nor is it any form of incompetence by mother or doctor. It is fully intended and what is intended is done. Murder, as opposed to negligent homicide or malpractice etc, is about intent and the intent to end the life of what you consider a person is there in the doctor and patient in abortion. This is where your analogies fail.

    Natural family planning is not the old ‘rhythm’ method, and it is slightly more effective than artificial birth control when correctly used.

    Could you provide a cite for that. The pill when properly used is better than 99% effective (proper use over the course of 1 year). Even with missed pills it is more successful than BBT, Calendar, Cervical Mucus, 2 day, Standard days. Condoms in conjunction with spermicidal lubricant (often pre-applied) are also more effective than any of these.

    Symptothermal birth control requires considerably more effort on the part of the woman and when conscientiously kept up with offers similar levels of protection (w/in 1-2%) to combination pill or condoms with spermicide.

    All of the various ‘natural’ methods require extensive monitoring, long periods of abstinence, are considerably less effective for women with less regular menstruation, inhibit spontaneity, and do nothing to prevent STDs (other than limit the amount of sex).

    Despite many years in Catholic schools I cannot understand their teaching on birth control. If it is about God’s will then ‘artificial’ birth control is just as amenable to his will as ‘natural’ birth control and both would equally attempt to take for one’s self the choice of conception.

    BTW All stats were gathered from the Mayo clinic birth control website.

  85. C Stanley
    November 24th, 2008 at 21:19

    Why do you feel that abortion should be treated legally differently than infanticide or assisted infanticide? Is it a moral/ethical or a practical position?

    Mostly practical, but one that I feel I can reconcile with my moral view because I do understand that the woman who becomes pregnant is forced to bear the entire responsibility for another human being’s life, despite not having the biologically expected bonding which will come later, nor in many cases the means to support the child. This, in my view, justifies treating the woman in a compassionate manner rather than establishing a punishment if she acts out of desperation to end the pregnancy (which is something that has to be prevented in as many cases as possible, of course, by providing support for women to continue their pregnancies and choose to either keep the child or give him/her up for adoption.)

    You’ve misunderstood my statements about malpractice; I’m not saying that abortion should be treated as malpractice, just pointing out that the fact of malpractice currently being charged in cases where an OB-GYN doesn’t perform his/her duties according to standards of care for the fetus means that we do currently recognize the fetus as something other than maternal tissue- it’s a life which sometimes ends or is harmed in utero.

    On the NFP stats, I’m agreeable to just calling it a wash with effectiveness about equal. At the time that I was trained (we used the Billings Ovulation method) there were studies showing a slight advantage for the NFP method over the pill (I think it was 99% vs 98%) but the formulations of birth control pills might have changed that. The biggest problem in the comparisons is how much to allow for failure to follow the plan accurately; most comparisons by medical groups tend to compare the rate as practiced for NFP to the theoretically possible perfect compliance with birth control pills (even though that doesn’t happen either- women certainly forget to take pills sometimes.) Yet I don’t think it’s wrong to neglect to account for failure of NFP compliance, since it’s important that women learn to detect the signals of fertility accurately and then it requires some discipline and commitment on the part of the couple. So, it isn’t easy to determine the correct methodology for comparing what is an apples to oranges comparison. Again, I have no problem with saying both are theoretically about equal in effectiveness- I just always take the opportunity to correct people when they inaccurately describe NFP as ‘rhythm’ or claim that it’s unreliable. It does in fact provide a free and drug free method of avoiding or spacing pregnancies, and has the advantages of avoiding the biochemical effects of hormonal birth control, avoiding the barriers like condoms, and strengthening the bond between the couple (subjective, of course, but some studies have backed this up as well.)

    If you really want to understand the Catholic teaching, Pope John Paul II gave a series of lectures over several years called the Theology of the Body, and these were transcribed as well as summarized in several texts. The bottom line is that we believe that God allows us to share in creation through procreation, and natural family planning uses the biology that he created in us in order to prevent an excessive number of too closely spaced pregnancies. It preserves God’s ability to create a new life whenever He chooses, of course- as do all methods, really, when failures occur) but in using the natural method there’s greater respect paid to God’s plan rather than our own will. And then there’s the strengthening of the marital relationship as I mentioned earlier- so it’s all good. ;-)

  86. Kathy
    November 24th, 2008 at 22:39

    I?d appreciate if you similarly refrain from conflating some prolife people who would restrict access to birth control from the prolife movement in general, or if you do not accept that distinction than please show me a single mainstream prolife group which seeks to restrict access.

    Would you consider Pharmacists for Life a mainstream pro-life group? What is National Right to Life’s (the most mainstream pro-life group there is) position on pharmacists refusing to fill prescriptions for birth control, even extending in some cases to confiscating the actual prescription form? What is NRL’s position on Pres. Bush’s proposed Department of Health and Human Services rule, which he is trying to implement before he leaves office, that would allow health care workers to refuse to provide health care services that “violate their conscience or religious beliefs,” which would mean in some cases refusing to provide contraception?

    Mainstream pro-life organizations need to do better than simply saying they “don’t have a position” on such issues, if they also want to claim that women who don’t want children or for whom pregnancy is medically problematic “have the choice” to use birth control.

    Mostly practical, but one that I feel I can reconcile with my moral view because I do understand that the woman who becomes pregnant is forced to bear the entire responsibility for another human being?s life, despite not having the biologically expected bonding which will come later, nor in many cases the means to support the child. This, in my view, justifies treating the woman in a compassionate manner rather than establishing a punishment if she acts out of desperation to end the pregnancy….

    How do you know the bonding will come later? The “biologically expected bonding” is not as inevitably biologically based as many people believe that it is.

    How do you know that a woman who has an abortion is acting out of desperation? What makes you think that every woman who has an abortion does so because she doesn’t feel a bond with the fetus, or because she doesn’t want to have children?

    Of course, if abortion is illegal, then when a woman needs an abortion for ANY reason, it does become a matter of desperation, because the only ways to have one involve grave risk to her life, and/or logistical and financial difficulties in traveling to a country, a state, or a doctor who will perform the abortion. It’s the illegality that creates the desperation, not the woman’s reason for needing the abortion.

    I will say it again: If the law forces a woman to bear a child she does not want or cannot care for or that endangers her health, then compassion has been already eliminated from the equation. Telling her not to worry, she won’t go to jail when you’ve taken away the most elemental right any human being can have, is not compassion.

    It’s like beating someone up and then sending them flowers and a get-well card. It’s like burning down someone’s house and then putting them up at a hotel.

    Logically it would mean no such thing, unless one believes that everyone?s personal responsibility is completely moot when government doesn?t provide for our every need.

    Personal responsibility IS moot in the context of forced childbirth. You are imposing *your* sense of personal responsibility on someone else, and then claiming you don’t have to follow through. You can force someone to do or not do something via punishment or physical compulsion, but you cannot force someone to make what you believe are responsible decisions. When you make abortion illegal, you have removed the decision-making capacity. You can talk about “personal responsibility” all you like, but if you force people into situations where your definition of being “personally responsible” is not viable, then you will not get the results you say you want.

    You can force a woman to be pregnant for nine months and go through labor and childbirth, but you cannot force her to be a mother. You cannot force her to love her children, or to provide adequately for them if she can’t.

    I always want to ask people who talk about a right to life for fetuses whether they think there is a right to love for post-birth babies and children. In effect, there is no such right, because you cannot legislate it.

    One atrocity doesn?t help ameliorate another, it?s as simple as that.

    I note your choice of words: One atrocity doesn’t help ameliorate another, as opposed to One atrocity doesn’t justify another. You may believe that both are true with regard to abortion in the case of rape or incest, but while the second statement can be justified by reference to a belief that a fertilized egg is morally and legally the same as a girl or woman (an outrageous belief in my view, but one that is sincerely held by a minority of people), the first statement cannot be so justified, and in fact cannot be justified at all, under any circumstances or using any argument.

    It is not for you to say that a girl or woman who has been raped — by a stranger, by an acquaintance, by a date, by a spouse, by a father or a brother or an uncle — and becomes pregnant as a result of that rape, cannot regain some sense of control over her own physical autonomy by aborting that pregnancy. That alone will certainly not relieve the torment of being raped — that is a lifelong process, never completed — but it certainly, for many if not most women, will not make the torment worse. And being pregnant with a living, growing fetus that is the result of rape can and does make the torment infinitely worse, for many women.

  87. C Stanley
    November 24th, 2008 at 22:56

    That alone will certainly not relieve the torment of being raped — that is a lifelong process, never completed — but it certainly, for many if not most women, will not make the torment worse. And being pregnant with a living, growing fetus that is the result of rape can and does make the torment infinitely worse, for many women.

    You haven’t addressed my analogy to a woman who is abused by her spouse. Why don’t you apply the same logic in that situation, where perhaps the sight of her own children that resulted from that union is tormenting her? Obviously, because those children are human beings with the right to life- and that’s why it’s the same if one accepts the right to life for the fetus. Grewgills obviously gets the consistency there, and many other people do as well, even if they don’t agree with the definition of life beginning at conception. I don’t know why you find it so incomprehensible- I can understand disagreement, but I don’t get your ongoing inability to accept that if a fetus has the right to life, then nothing else can take precedence over that.

    You can force a woman to be pregnant for nine months and go through labor and childbirth, but you cannot force her to be a mother. You cannot force her to love her children, or to provide adequately for them if she can’t.

    Kathy, it always comes down to this, on which we fundamentally disagree- neither I, nor anyone else except for rapists, force any woman to become pregnant. The choice involved comes before the sexual intercourse, not afterward. There’s really no use in continuing the discussion when we obviously see that differently; I think we’ve expounded on some of the views on details enough to better enlighten each other, so let’s leave it at that.

    And your point about allowing pharmacists to refrain from filling prescriptions for birth control is no different than any number of cases where individuals can follow their conscience without it resulting in wholesale loss of rights for others. Would you say that all physicians should be forced to perform abortions? There have always been exemptions for conscience on issues like that. When you were claiming that most right to lifers want to restrict access to birth control, I was assuming you meant that there’s a push by large numbers of people on that side of the debate to actually prohibit the sale of birth control drugs or devices- and other than the abortion pill, I know of no such organized movement.

  88. Jason
    November 24th, 2008 at 23:24

    I would be interested to know if Kathy’s outrage at pharmacists that refuse to dispense abortion pills (relatively few refuse to dispense birth control — that conflation is one of Kathy’s many red herrings) is matched by a corresponding outrage at doctors who refuse to participate in the application of the death penalty by lethal injection. Since both acts devolve from similar grounds of professional ethics (e.g. the doctor’s individual understanding and application of the Hippocratic Oath), I don’t see how Kathy can consistently condemn one while ignoring or endorsing the other, except on purely ideological/partisan grounds.

    Insofar as Kathy has appointed herself judge, prosecutor, and cross-examiner throughout this and other threads, I will await reciprocal responsiveness from her on this point.

  89. C Stanley
    November 24th, 2008 at 23:26

    One more point, Kathy. You have several times pointed out that I should not project my own views on others, yet you are making some assumptions that are not necessarily based on fact. For instance:
    That alone will certainly not relieve the torment of being raped — that is a lifelong process, never completed — but it certainly, for many if not most women, will not make the torment worse. And being pregnant with a living, growing fetus that is the result of rape can and does make the torment infinitely worse, for many women.

    Yet, other than your own assumptions, how can you say what the majority of rape victims would feel or do if they became pregnant as a result? According to this article, the only major study that’s ever looked at how such women react found that 75-80% choose against abortion. I realize that even if you accept the accuracy of that, you’ll still say that the 20-25% should have the right to make their choice too, but at least you have to admit that this blows away your presumption that all such women would want to terminate their pregnancies.

  90. C Stanley
    November 24th, 2008 at 23:53

    Oh, and Kathy, you had questioned the fetal homicide laws, so I checked on it. I found that 34 states have such laws on the books (and they’ve survived legal challenges to the state supreme court level; in 24 states the law applies from conception and in 10 states it covers later term of pregnancy) and there’s also a 2004 federal law that applies to fetal death as a result of crimes where there’s federal jurisdiction. Here’s the wiki article (but I’ve also found confirmation from several other sources.)

  91. Grewgills
    November 25th, 2008 at 00:09

    On the NFP stats, I’m agreeable to just calling it a wash with effectiveness about equal. At the time that I was trained (we used the Billings Ovulation method) there were studies showing a slight advantage for the NFP method over the pill (I think it was 99% vs 98%)

    Mayo has it the other way around for Sympothermal (combination of BBT + mucus + a choice of others) and combined pill. Using any individual ‘natural’ method has similar success to condoms alone or taking the pill with a few misses. All methods have their downsides. The ‘natural’ methods are not nearly as effective for women with irregular cycles and require much more effort to keep up than simply taking a daily pill or inserting a weekly ring. It’s certainly your choice to use the method you prefer, but the effort to result ratio is far different. Thankfully the people pushing against choice in contraception is small and growing smaller.

    If you really want to understand the Catholic teaching, Pope John Paul II gave a series of lectures over several years called the Theology of the Body

    I seem to remember giving some of that a cursory reading when I was more actively trying to understand what I think to be quite a harmful policy by an institution that I otherwise have some sympathy with. It read to me like rationalizations for a position that had been previously decided, but YMMV.
    It saddens me that an institution that has such influence in so many impoverished parts of the world and does so much good there with their medical and poverty missions would concurrently do so much harm by pushing against cheap, easy, and effective birth control that also has the potential to drastically reduce STDs in those areas.

    Jason,
    I don’t think that the comparisons of dispensing ru84 (and in rarer cases birth control) with participation in death penalty is a fair one. The grounds for the individual not to participate are consistent, but the penalty to the party seeking aid is quite different. The state has plenty of recourse in finding another physician. That is not so true of people in small or poor communities that only have reasonable access to multiple pharmacies. If the pharmacist doesn’t want to be a part of that transaction, then arrangements should be made with the pharmacy ensure the drug is dispensed without too much added hassle for the client. The cases are particularly different in the cases where not only was the prescription refused but the pharmacist actively tried to prevent the patient from getting the drug from an alternate source (keeping or destroying the prescription slip). Hopefully we can all agree that those cases should involve disciplinary action.

  92. C Stanley
    November 25th, 2008 at 00:13

    It saddens me that an institution that has such influence in so many impoverished parts of the world and does so much good there with their medical and poverty missions would concurrently do so much harm by pushing against cheap, easy, and effective birth control that also has the potential to drastically reduce STDs in those areas.

    And it blows my mind that anyone would find it inconsistent for the Church to advocate for policies that address spiritual poverty as well as material, but whatever.

  93. C Stanley
    November 25th, 2008 at 00:17

    And Grewgills, there is indeed choice of birth control methods- but the degree of misinformation or lack of information on natural methods is almost to the level of malpractice as far as I’m concerned. Can’t tell you how many times I’ve had staff and even doctors of OB-GYN clinics tell me inaccurate information about how unreliable my chosen method is (after I have to respond to their questions about what TYPE of artificial birth control method I’m using, not even having my choice of natural family planning included as a possible choice on the forms that I fill out.) It’s really sad that the medical community insists on the fallacy that all women must choose to drastically alter their body chemistry or use barrier methods in order to avoid pregancy, when that’s just not true at all.

  94. Kathy
    November 25th, 2008 at 02:09

    You haven’t addressed my analogy to a woman who is abused by her spouse. Why don’t you apply the same logic in that situation, where perhaps the sight of her own children that resulted from that union is tormenting her?

    Because she can make arrangements for her children, to go into foster care or permanent adoption or stay with relatives, or any of a number of other possibilities. Not that any of that would be easy, obviously — but the answer to your question is that after birth a child has its own separate physical existence, which means that there is no conflict between the fetus’s right to life and the woman’s right to life. If there were a way for a fertilized egg or embryo or fetus to be removed from a woman’s body and grown elsewhere, that would be a great solution. But that technology does not exist as yet.

    … I can understand disagreement, but I don’t get your ongoing inability to accept that if a fetus has the right to life, then nothing else can take precedence over that.

    Well, maybe because I don’t believe a fetus has a right to life. You’re the one who believes that.

    … it always comes down to this, on which we fundamentally disagree- neither I, nor anyone else except for rapists, force any woman to become pregnant. The choice involved comes before the sexual intercourse, not afterward.

    I disagree. A woman does not waive her right to make decisions for her own body because she has sexual intercourse. As we’ve seen, contraception is not always available to a woman in any meaningful way — but her body rights remain regardless of what the contraception situation is.

    And your position on choice and contraception is inconsistent anyway, since you support forcing women to have babies conceived in rape.

    And your point about allowing pharmacists to refrain from filling prescriptions for birth control is no different than any number of cases where individuals can follow their conscience without it resulting in wholesale loss of rights for others.

    It does result in wholesale loss of rights for others. A woman who is told that her prescription will not be filled because the pharmacist disapproves of birth control is being denied her right to make her own medical choices for her own life. Contraception is not illegal, you know.

    I would argue further that your mantra of choice and responsibility fits perfectly here. No one forces anyone to become a pharmacist. If a person is so opposed to the use of contraceptives that he or she can’t fill a prescription for birth control, then that person should not be a pharmacist.

    Would you say that all physicians should be forced to perform abortions?

    No, I wouldn’t say that all physicians should be forced to perform abortions. I would say, however, that any would-be physician who is opposed to abortion and does not feel able to perform one, should not become a specialist in women’s reproductive health care (ob-gyn). If you don’t want to do abortions, then find another specialty.

    There have always been exemptions for conscience on issues like that.

    No, there haven’t. Up until recently, pharmacists didn’t try to pick and choose, on grounds of personal religious belief, which prescriptions they would fill and which they wouldn’t.

    When you were claiming that most right to lifers want to restrict access to birth control, I was assuming you meant that there’s a push by large numbers of people on that side of the debate to actually prohibit the sale of birth control drugs or devices- and other than the abortion pill, I know of no such organized movement.

    That’s because — apparently — you think that passing a law is the only way to deny someone a right. It’s not. Supporting laws and/or policies that make it difficult or impossible to exercise a right is actually a much more effective way to deny the right without having to deal with the difficulty of changing the law. If you support policies that allow professionals to refuse to provide the service(s) inherent to their profession, then you are supporting making it as hard as possible for individuals to get that service.

    A woman has the right to go into any pharmacy in this country and get a legal prescription filled, no matter what it’s for. If a particular pharmacist doesn’t want to fill a particular prescription, and if there is no other pharmacist on staff to whom he or she can hand off the prescription, then he or she must fill it, or lose his or her job.

    And by the way, as a matter of biological and medical fact, Plan B contraception is not an abortifacient. It prevents implantation of a fertilized egg in the uterine wall, and before implantation, there is no pregnancy. RU-486 is an abortifacient, because it, in combination with a prostaglandin given separately, induces uterine contractions that expel the embryo. Factually, that makes RU-486 an abortion product. Plan B is not an abortion product.

    I would be interested to know if Kathy’s outrage at pharmacists that refuse to dispense abortion pills (relatively few refuse to dispense birth control — that conflation is one of Kathy’s many red herrings) is matched by a corresponding outrage at doctors who refuse to participate in the application of the death penalty by lethal injection. Since both acts devolve from similar grounds of professional ethics (e.g. the doctor’s individual understanding and application of the Hippocratic Oath), I don’t see how Kathy can consistently condemn one while ignoring or endorsing the other, except on purely ideological/partisan grounds.

    Plan B, or emergency contraception, is not an “abortion pill.” And a growing number of pharmacists DO refuse to fill prescriptions for non-emergency contraception.

    As to the analogy to physicians who refuse to perform lethal injections, Grewgills point about relative ease of finding a pharmacist who will fill a prescription as opposed to finding another doctor who will perform a lethal injection is a good one, but I think there is an even more salient point, which is that there is simply no way to compare lethal injection, or capital punishment in general, and filling a prescription for birth control. The latter is a medication which a physician has determined is necessary for a patient’s health care. Lethal injection is not medical care. There is no societal consensus, or anything even close to agreement, on the idea that contraception is taking a human life. Even the most enthusiastic advocate of capital punishment would agree that administering a lethal injection is taking a human life. Lethal, right? I mean, PLEASE.

    According to this article, the only major study that’s ever looked at how such women react found that 75-80% choose against abortion. I realize that even if you accept the accuracy of that, you’ll still say that the 20-25% should have the right to make their choice too, but at least you have to admit that this blows away your presumption that all such women would want to terminate their pregnancies.

    First: You’re right, I don’t accept the accuracy of that “study.” I don’t even see a study there. All I see is an article from an institute I’ve never heard of which is clearly proceeding from an ideological opposition to abortion.

    Second: You’re wrong, I did not say that all women pregnant as the result of rape or incest want to terminate their pregnancies. I said “many if not most.”

    Third: It’s still not up to you to decide. Banning abortion is a bad idea anyway, but banning it for women or girls who have been raped is heinous beyond the adequacy of words to describe.

    Finally, re the fetal homicide laws: Okay. I didn’t know it was that many states, but if it is, it is. And the fact they survived legal challenge doesn’t mean such laws are sensible or wise.

  95. Grewgills
    November 25th, 2008 at 05:39

    And it blows my mind that anyone would find it inconsistent…

    I did not say it was inconsistent with church policy. I said it was harmful to the communities. It is both consistent with church teaching and harmful to the communities where condom use in particular is strongly discouraged. I frankly don’t see how using a condom impoverishes anyones spirit, particularly if their spouse has an STD and the condom would allow them to continue having sex with greatly reduced chance of infection. Again YMMV.

    there is indeed choice of birth control methods- but the degree of misinformation or lack of information on natural methods is almost to the level of malpractice as far as I’m concerned.

    Don’t know that I would call it malpractice, but certainly your OB/GYN should have accurate information on a range of birth control options. He/she should be able to lay out the pros and cons of each or have available literature at the very least. It took me less than a minute to find accurate information and several minutes to read the basics. There were several methods that I was either not aware of or only knew a little about, but it’s not my job.

    the medical community insists on the fallacy that all women must choose to drastically alter their body chemistry…

    The bias in medicine in general (much less now than 10-20 years ago and less so on the coasts) is to chemical or surgical answers to everything. Sometimes that is the best answer, but not always and not for all people.

  96. C Stanley
    November 25th, 2008 at 14:45

    Well, maybe because I don’t believe a fetus has a right to life. You’re the one who believes that.

    Yes, and as I pointed out, other people who also don’t believe that (specifically in this thread, Grewgills and Claudia) can still recognize that those who do believe it would logically not cede the right to life for the fetus in order to accommodate another person’s rights which are subordinate to the right to life.

    Kathy, the problem with all of your arguments (which makes it impossible to actually debate them) is that you allow no room for people whose conscience opposes abortion on the grounds that the fetus is a human being with right to life. If you can’t accept that a physician can choose to provide “reproductive services” without providing services that he/she believes are in direct contradiction to the hippocratic oath, then your position does not allow everyone in society to actually exercise ‘choice’. A true prochoice position would allow everyone in society to act according to his/her own conscience with regard to participating in abortion. Your position, however, places such primacy on the woman’s right to secure an abortion without any inconvenience, that you are removing the choice for other people who believe that abortion involves killing a human being. Funny how you reject the idea that a woman ought to opt out of sex if she can’t deal with the possible consequence of a pregnancy (earlier you said that ’sometimes this isn’t a good idea’) yet you’d say that a person ought to opt out of his/her chosen profession if he/she has a moral issue with the medical boards that ignore the obvious contradiction of taking life.

    That’s because — apparently — you think that passing a law is the only way to deny someone a right. It’s not. Supporting laws and/or policies that make it difficult or impossible to exercise a right is actually a much more effective way to deny the right without having to deal with the difficulty of changing the law. If you support policies that allow professionals to refuse to provide the service(s) inherent to their profession, then you are supporting making it as hard as possible for individuals to get that service.

    Again, abortion is not ‘inherent in the profession’ unless the medical boards mandate it so, against logic in the face of the hippocratic oath.

    And no, I do not believe that ‘passing a law is the only way to remove a right.’ What we’re talking about here is a matter of the degree of inconvenience; you won’t allow for one iota of inconvenience, even if that is part of a means to balance OTHER people’s rights or society’s right (obligation, really) to protect innocent life.

    Again, when you take such an extreme stance against ANY inconvenience, you make it impossible for the prolife side to fairly debate the issue. Even if I were to cede all efforts to prohibit abortion by law, your requirements for having complete access for abortion without any inconvenience, delay, or provision of information that counters the proabortion information makes it impossible for prolifers to even have a say in the debate or attempt to ‘change hearts and minds.’

    In short, you not only want the law to protect the right to an abortion, you want that right to be absolute. That’s the problem I have with the positions of the prochoice lobby in general-it’s not actually about allowing maximum choice according to individual conscience, but instead its about enforcing the view that a fetus has no right to life.

    Second: You’re wrong, I did not say that all women pregnant as the result of rape or incest want to terminate their pregnancies. I said “many if not most.”

    OK, sorry-so you didn’t say ‘all’; but I don’t think you can support your assertion of ‘many if not most’ either. That’s your projection of your own personal opinion (which is what you have criticized me for doing.)

  97. C Stanley
    November 25th, 2008 at 14:48

    The bias in medicine in general (much less now than 10-20 years ago and less so on the coasts) is to chemical or surgical answers to everything. Sometimes that is the best answer, but not always and not for all people.

    Yes- I almost added something about that to my original comment. I do think this is just an example of the bias of Western medicine toward chemical or surgical intervention over the more holistic health care choices (and that this is driven largely by economics.)

  98. Kathy
    November 25th, 2008 at 22:43

    Yes, and as I pointed out, other people who also don’t believe that (specifically in this thread, Grewgills and Claudia) can still recognize that those who do believe it would logically not cede the right to life for the fetus in order to accommodate another person’s rights which are subordinate to the right to life.

    Claudia’s point, as I understand it, was actually two related points: (a) that IF one believes that a fetus is a human life in exactly the same sense as an individual post-birth is, the only logically consistent conclusion would be that abortion is unjustifiable killing in all instances, even rape and incest, with the possible exception of a situation in which it is absolutely certain a woman would die w/o an abortion; BUT (b) Most pro-lifers who *say* abortion is murder because human life begins at conception, on some level do not really believe that to be true, because they will make exceptions for rape and incest, and maybe for severe threats to the life or health of the mother (i.e., it’s not guaranteed she will die w/o an abortion).

    Clearly, that is not the case with you, since you do support making abortion illegal in every single instance, even for 12-year-old incest survivors, with the one exception of a situation in which the woman would die w/o an abortion.

    So I absolutely DO recognize that people who truly do believe a fertilized egg is the same as an individual who has gone through birth would find an absolute or near-absolute ban on abortion (only one exception, very narrowly defined) the only logically consistent position.

    My point (and if it hasn’t been clear, let me make it so now) is that the above is a religious belief. It’s one part of a specific religious tradition’s doctrine. It is grounded in religion, not in scientific or biological fact. That means you and others who believe this way have the right to live your lives and make your own life choices in accordance with this belief, and you also have the right to express and explain your beliefs to others and try to persuade them of the correctness of your point of view. You have the right to speak about it, to write about it, to publicly rally about it. You do NOT have the right to legislate your belief so that the choices of others are narrowed or directed to be more in line with your beliefs.

    Regarding the right of doctors and other health practitioners to choose not to perform abortions or refer people to abortion providers, I can accept that, too, as long as a woman’s right to choose and have access to a safe and legal abortion is in no way significantly disadvantaged. What this means, in my view, in practical terms, is that the supply and availability of safe, legal abortion, abortion referral services, and so on, in whatever geographic area the woman lives in should not be significantly restricted. There should be enough doctors who provide safe, legal abortions and referral services where a woman lives or in reasonable proximity so that the refusal of one doctor to provide abortions (or contraceptive choices that extreme pro-lifers believe is equivalent to abortion) does not make a meaningful difference to a woman’s choice.

    Moving on to laws that restrict a woman’s access to abortion or force her to go through punitive and/or onerous extra hoops before she can have an abortion, those are absolutely wrong and unjustifiable in my view. It’s one thing to say, as a health care provider, that you cannot in good conscience perform an abortion or refer a woman to someone who does (as long as there are health care providers there in adequate number who CAN do so). It’s quite another to pass laws allowing people who oppose legal abortion to harangue women about abortion before they can have one. That is an unacceptable infringement on the woman’s rights. You do not have the right to force a woman seeking an abortion to sit through bullying “counseling” sessions that are ideologically freighted and scientifically inaccurate.

    OK, sorry-so you didn’t say ‘all’; but I don’t think you can support your assertion of ‘many if not most’ either. That’s your projection of your own personal opinion (which is what you have criticized me for doing.)

    Fair enough; on that point I will stick to what I think is, in any case, the more important point: that no one else can speak for the wishes of a woman impregnated through rape or incest except the woman herself, and that her choice in that situation deserves unconditional respect and support.

  99. Jason, Managing Editor
    November 25th, 2008 at 23:35

    Clearly, that is not the case with you, since you do support making abortion illegal in every single instance, even for 12-year-old incest survivors, with the one exception of a situation in which the woman would die w/o an abortion.

    Kathy, I have let this go because it was an intense two-way discussion, but these constant acts of rhetorical bullying from you are crossing the line. Please allow others to describe their OWN beliefs. If you continue to rephrase others’ beliefs into inflammatory terms like this, you will be banned.

  100. Kathy
    November 26th, 2008 at 00:28

    Jason, Christine herself has written here that she opposes abortion in all cases except to save the life of the mother, and has explicitly argued that aborting a fetus conceived in rape or incest is an “atrocity.”

    I’ll grant you the way I phrased it just now is more neutral in tone. I apologize to Christine for the inflammatory choice of words in my previous comment, but not for the meaning, which was accurate.

  101. Kathy
    November 26th, 2008 at 00:33

    In short, you not only want the law to protect the right to an abortion, you want that right to be absolute. That’s the problem I have with the positions of the prochoice lobby in general-it’s not actually about allowing maximum choice according to individual conscience, but instead its about enforcing the view that a fetus has no right to life.

    Actually, I support the law as decided by Roe v. Wade — even though it’s not ideal. And Roe v. Wade does NOT provide an absolute right to abortion.

  102. Jason, Managing Editor
    November 26th, 2008 at 01:21

    Does that mean you agree that the state has the right to regulate or even prohibit abortions in the second and third trimester, as outlined in Roe?

  103. Kathy
    November 26th, 2008 at 02:34

    Yes, but note the specifics of what “as outlined in Roe means:

    To summarize and to repeat:

    1. A state criminal abortion statute of the current Texas type, that excepts from criminality only a lifesaving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment.

    (a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman’s attending physician.

    (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health.

    (c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.

    2. The State may define the term “physician,” as it has been employed in the preceding paragraphs of this Part XI of this opinion, to mean only a physician currently licensed by the State, and may proscribe any abortion by a person who is not a physician as so defined.

    It seems clear to me that, based on this language,

    1) all laws restricting abortion in the first trimester are violative of Roe v. Wade. Which means all of the state laws enacted that require women to receive anti-abortion lectures, view anti-abortion films, go through waiting periods, and notify/obtain the consent of parents if under 18, are unconstitutional because they are not limited to the second trimester.

    2) If abortion is regulated by law in the second trimester, it has to be “reasonably related to maternal health.” Which means, in my reading, that any restrictions must not prevent or seriously impede a woman’s access to safe, legal abortion if a medical doctor determines the continued pregnancy threatens her life *or health.*

    3) If abortion is proscribed in the third trimester (after viability), there MUST be exceptions for the life and the *health* of the mother. Which means that the so-called Partial Birth Abortion Act is unconstitutional because it does not include exceptions for either the life or the health of the mother. Plus, it bans an entire specific medical procedure, forcing the doctor to use another procedure that may be more risky to the woman’s health or life. Put another way, it not only lacks an exception for the life and health of the mother; it also forbids a woman’s doctor — if he does decide abortion is necessary to save the life or health of the woman — to use the particular surgical method he decides, in his medical judgment, is safest for the woman.

    Given the above, it’s clear to me that agreeing that “… the state has the right to regulate or even prohibit abortions in the second and third trimester, as outlined in Roe” is not synonymous with agreeing that abortion law as it currently stands is in accordance with Roe v. Wade. Unquestionably, it is not.

  104. Kathy
    November 26th, 2008 at 02:44

    Also note that the driving consideration in the entire system set up by Roe v. Wade is the mother’s health not the fetus’s; i.e., “For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health.”

  105. Jason, Managing Editor
    November 26th, 2008 at 03:35

    How malleable do you interpret the “maternal health” requirement to be? I have read some feminist theorists who argue that all pregnancy is inherently a danger to the physical and/or mental health of the mother, thus making a mandatory “maternal health” limitation on the power of the state to protect even a fully viable fetus functionally infinite even in the absence of a problem pregnancy and even up to the very last second of the natural pregnancy period.

    Or is that the whole point?

  106. Kathy
    November 26th, 2008 at 05:11

    I don’t know anything about the feminist theorists, but common sense would tell you that pregnancy is inherently at least a potential danger to a woman’s physical and/or mental health. How could it not be? Pregnancy affects every system in a woman’s body. There’s all sorts of health conditions that can be worsened or initiated by pregnancy.

    You’ve also got to understand that no two women are going to be affected the same way by the same health issue. A pregnancy-caused health problem that is easily handled in one pregnancy good be life-threatening in another. Only the woman’s medical doctor knows whether pregnancy is, or is becoming at some point, a serious threat to her health or life.

    I honestly don’t understand what you’re getting at when you say “…thus making a mandatory “maternal health” limitation on the power of the state to protect even a fully viable fetus functionally infinite even in the absence of a problem pregnancy and even up to the very last second of the natural pregnancy period.”

    First of all, this is exactly what Roe v. Wade says. There already IS a mandatory maternal health limitation, and not in quotes, throughout pregnancy, including late-term or even last-minute threats to a woman’s life or health. What or who determines the legitimacy of that threat! The doctor, of course! Who else would determine it?

    Which brings me to the second point, which is that your questioning whether the state in such an instance would limit “the power of the state to protect even a fully viable fetus functionally infinite even in the absence of a problem pregnancy and even up to the very last second of the natural pregnancy period.” is kind of a red herring, or a strawman, argument, because, in fact and in truth and in reality, the medical doctor in such a situation, if the fetus was about to be born, would always try, mightily, with all his or her skill and professionalism, to deliver the baby alive without putting the woman’s life at risk. Why on earth wouldn’t he? What earthly motive would a doctor have to kill an emerging fetus unless he was faced with a choice between that, and the woman dying? I’m not a doctor, obviously, but I know there are situations in which all delivery options threaten a woman’s life. Roe v. Wade’s scheme of balancing the viability of fetal life with interests of the mother and the stage of pregnancy was a recognition of that fact.

    Finally, your “Or is that the whole point” is unnecessarily snarky, in my view. I know you don’t want me to impute ignoble motives to pro-lifers (and in fact I shouldn’t), so I don’t know why you feel it necessary to make that snide suggestion about the motives of pro-choicers, or ob-gyns who are professionally obligated to protect the health of their patients.

  107. Kathy
    November 26th, 2008 at 05:15

    Damn, you’ve got to get an Edit feature for Comments, Jason:

    Question mark, not exclamation point, at the end of this sentence:
    “What or who determines the legitimacy of that threat!”

    And “… your questioning whether the state in such an instance would limit “the power of the state …” the first instance of the word “state” should be the maternal health exemption provision in Roe v. Wade, or words to that effect.

  108. Jason, Managing Editor
    November 26th, 2008 at 05:18

    It sounds like you are confirming that you would place no burden of proof on the decision to abort an 8.5-month pregnancy than the verbal say-so of any doctor that the pregnancy represents a mild mental health inconvenience for the mother. Is that correct? If not, what standard would you say is the minimum “maternal health” threat to justify an abortion?

    the medical doctor in such a situation, if the fetus was about to be born, would always try, mightily, with all his or her skill and professionalism, to deliver the baby alive without putting the woman’s life at risk

    Insofar as abortion has become a political sacrament for a certain segment of extremists, I know for a fact that what you are claiming here is not true.

    I am generally pro-choice, but I am uncomfortable with the extremism of the purist no-practical-limits position that you appear to be advocating. You keep saying that it is relatively moderate, but you offer no evidence that you would accept ANY limitation other than just trusting the no-exceptions goodwill of the mothers and the doctors.

    And that’s not good enough for me.

  109. Kathy
    November 26th, 2008 at 07:05

    It sounds like you are confirming that you would place no burden of proof on the decision to abort an 8.5-month pregnancy than the verbal say-so of any doctor that the pregnancy represents a mild mental health inconvenience for the mother. Is that correct?

    No, it’s not — and nothing I wrote could rationally or reasonably be interpreted to mean that.

    Why would I place a “burden of proof” on a doctor who saves the life of a woman who is in labor but is not able to save the fetus? The doctor is not on trial. The doctor has not committed a crime — and if he were, the “burden of proof” would be on the prosecution, not the defendant.

    You keep saying that it is relatively moderate, but you offer no evidence that you would accept ANY limitation other than just trusting the no-exceptions goodwill of the mothers and the doctors.

    The last part of your sentence above appears to suggest an assumption on your part that pregnant women and their doctors lie about the woman’s health needs. And that assumption, in turn, suggests to me that you do not take a pregnant woman’s right to her own health and life seriously. Or that you don’t believe there *is* any such thing as a legitimate medical reason to prioritize a woman’s life over a fetus’s. I see no evidence on your part of even a modicum of respect for maternal health and life. If a woman died giving birth but her baby survived, would you suspect the doctor of endangering the woman’s life to save the baby? Would you suggest he bore a “burden of proof” to demonstrate that he did not save the baby at the mother’s expense?

    In the end, all this is irrelevant if the debate is over what Roe v. Wade allows and requires. And as to that, I will once again copy and paste from the decision:

    “(b) An abortion may be performed in this state only if it is performed:

    “(1) by a physician licensed to practice medicine [or osteopathy] in this state or by a physician practicing medicine [or osteopathy] in the employ of the government of the United States or of this state, [and the abortion is performed [in the physician's office or in a medical clinic, or] in a hospital approved by the [Department of Health] or operated by the United States, this state, or any department, agency, or political subdivision of either;] or by a female upon herself upon the advice of the physician; and

    “(2) within [20] weeks after the commencement of the pregnancy [or after [20] weeks only if the physician has reasonable cause to believe (i) there is a substantial risk that continuance of the pregnancy would endanger the life of the mother or would gravely impair the physical or mental health of the mother, (ii) that the child would be born with grave physical or mental defect, or (iii) that the pregnancy resulted from rape or incest, or illicit intercourse with a girl under the age of 16 years]

    Plain English translation: Abortion is legally permitted up to 20 weeks (five months) from the start of pregnancy, with no restrictions specified. After 20 weeks from the start of pregnancy (from the start of the sixth month), abortion is legally permitted for the following reasons:

    1)A serious threat to the life, OR to the physical OR mental health of the mother.
    2)If the fetus has a serious physical or mental defect.
    3)If the pregnancy is the result of rape or incest, OR if the pregnancy is the result of statutory rape and the girl is under 16.

    With regard to fetal rights versus maternal rights, and late-term pregnancy:

    With respect to the State’s important and legitimate interest in the health of the mother, the “compelling” point, in the light of present medical knowledge, is at approximately the end of the first trimester. This is so because of the now-established medical fact, referred to above at 149, that until the end of the first trimester mortality in abortion may be less than mortality in normal childbirth. It follows that, from and after this point, a State may regulate the abortion procedure to the extent that the regulation reasonably relates to the preservation and protection of maternal health. Examples of permissible state regulation in this area are requirements as to the qualifications of the person who is to perform the abortion; as to the licensure of that person; as to the facility in which the procedure is to be performed, that is, whether it must be a hospital or may be a clinic or some other place of less-than-hospital status; as to the licensing of the facility; and the like.

    This means, on the other hand, that, for the period of pregnancy prior to this “compelling” point, the attending physician, in consultation with his patient, is free to determine, without regulation by the State, that, in his medical judgment, the patient’s pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State.

    With respect to the State’s important and legitimate interest in potential life, the “compelling” point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother’s womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother.

    Plain English translation (summarized):

    Viability is the point at which the state’s obligation to protect fetal life begins. At that point, the reasons why a woman can have a legal abortion are reduced, but not eliminated. After viability, the state can, if it wishes, make abortion illegal, EXCEPT when abortion is necessary to preserve the health or the life of the mother.

    Period, Jason. There is nothing about “What if the fetus is 8.5 months and the mother is just pretending to be sick,” or “What if the fetus is 8.5 months and the doctor doesn’t want the mother to be inconvenienced with a baby.” There is nothing about “What legitimate reason could there possibly be to terminate a pregnancy at 8.5 months, and if a doctor does that he should be immediately suspected of murdering the fetus for no good reason at all.” The ruling doesn’t say anything like that at all, Jason — because those are absurdities meant to obfuscate and not to help or enlighten.

    After the point of viability, no abortions for any reason EXCEPT if a woman’s medical doctor determines that there is a serious threat to her health or her life.

    That seems pretty clear to me.

    And that’s not good enough for me.

    It doesn’t have to be, and I don’t need it to be. Fortunately, your man is not in the White House.

  110. C Stanley
    November 26th, 2008 at 14:54

    Haven’t had a chance to read through all of these latest comments, but this one struck me, Kathy:
    I don’t know anything about the feminist theorists, but common sense would tell you that pregnancy is inherently at least a potential danger to a woman’s physical and/or mental health. How could it not be? Pregnancy affects every system in a woman’s body. There’s all sorts of health conditions that can be worsened or initiated by pregnancy.

    The problem with your logic here is that you don’t acknowledge that abortion doesn’t reverse all of the health risks of pregnancy and in fact carries its own health risks- most of which are not accurately reported. In fact the pro-abortion lobby (I’m specifically calling it that because I’m talking about a subset of the ‘prochoice’ movement that truly is proabortion as far as I’m concerned, as defined by this group’s actions and rhetoric) actively seeks to suppress such information. Unfortunately even people who are far more moderate have been propagandized to believe that there is no significant health risk, and few people realize the extent to which this information is simply unavailable; then when groups like the Eliot group that I linked to earlier attempt to report on it their information is routinely dismissed as prolife propaganda.

    I find it completely unacceptable that those who argue that a woman’s right to choose abortion hinges on her right to protect her own physical and mental health are unwilling to admit evidence that shows physical and mental harm from the choice to abort.

    And from what I’ve read of Jason’s comments so far, Kathy, I agree that we can’t give the benefit of the doubt to all abortionists (and related medical personnel)as though they don’t have a proabortion bias. That is why I believe that informed consent including in some cases films or sonograms are necessary; if society gives the entire choice of determination of a fetus’ human rights over to the pregnant woman and the medical personnel with whom she consults, then those individuals must at least meet the burden of a fair hearing of all sides of the argument; that should include accurate information about the developmental state of the fetus that is potentially going to be killed as well as real health risks of terminating a pregnancy in addition to the information they are already being given regarding health risks of continuing the pregnancy. Without some of the laws that states have now enacted, the women involved are often given only one side of the story.

  111. Jason, Managing Editor
    November 26th, 2008 at 15:31

    Kathy, you were warned repeatedly against misrepresenting the views of others as a way to gain improper advantage in your discussions with them. In short, you’ve been warned not to make lying a tactic. This is a big pet peeve of mine, as you well know. You have chosen to continue doing it anyway. Now you are banned.

  112. C Stanley
    November 26th, 2008 at 15:51

    It’s your call on banning commenters, Jason, but FWIW I agree with Kathy here when she said that she was accurately stating my view. I truly don’t think there should be exceptions to prohibition on abortion except when the mother’s life is at stake- because right to life is right to life. We don’t make exceptions for that in any other instance, and I have no qualms about owning that opinion. Of course, Kathy did choose to use a difficult, emotionally stirring example of a ‘twelve year old incest survivor’ to highlight why she opposes my view, and I think readers can draw their own conclusions about her need to do this It’s funny how many on the prochoice side say that prolifers tend to use emotionally charged situations and rhetoric to sway opinion, yet they routinely use these tactics- not only in this example, but also when Kathy cites cases like Becky Bell (a case in which the facts are far from clear, and even if one accepts that she died of an illegal abortion because parental consent laws led her from seeking a legal one, this one anecdote is equalled by many anecdotes of underaged women who have died of legal abortions after parents were denied the ability to counsel their own child before the procedure was ‘chosen’.)

  113. Jason, Managing Editor
    November 26th, 2008 at 21:18

    I am sorry, Christine, if I interrupted a good conversation, and I tried to delay action for that exact reason. But when Kathy used the snotty (and as you know completely inaccurate) “your man is not in the White House” snipe and to accuse me of being completely insensitive to issues of maternal health and choice radically even after I explicitly said I was pro-choice, that was the last straw for me. Kathy has shown time and again that she is a fundamentally dishonest discussant whenever she is confronted by anyone who dissents from her purist/absolutist views and I choose not to support such people by continuing to publish their comments.

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