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Originally published at Faith Seeking Understanding. You can comment here or there.

Back before the holidays, Trevin Wax at the Gospel Coalition posted a list of “10 Questions a Pro-Choice Candidate is Never Asked by the Media”. The idea was that pro-choice politicians got a free ride whereas politicians enjoyed hammering pro-life politicians with “gotcha” questions. I thought it might be interesting to take a crack at his questions.

Full credit: I never seem to hear about the Gospel Coalition except when someone rails against some crazy thing they’ve said. This time it was Libby Anne who introduced me to the list. Apparently they’re fairly big in the evangelical/fundamentalist Christian blogosphere.

Anyway, I was all set to post my answers in one long post but it got, well, long. I’ve worked my way through Mr. Wax’s ten questions and have roughly 3,000 words of my thoughts. But even with that I was rushing at certain points, and that’s a lot to read in a single go. So I thought I’d break things up and make a series of it. I’ll be taking a question or two a day, and I’d really appreciate everyone’s thoughts on these issues.

First Question to Pro-Choice Politicians: You say you support a woman’s right to make her own reproductive choices in regards to abortion and contraception. Are there any restrictions you would approve of?

I assume Mr. Wax is referring to legal restrictions. I have a hard time thinking of any in practice, but it’s not because the body is untouchable or anything. I mean, I have no problem with the government restricting what we do with our body in certain situations. For instance, I don’t think you have a right to inject heroin, and if you have AIDS I’d probably agree with a law saying you can’t have unprotected sex. It’s just that the usual reasons we restrict bodily actions don’t seem to apply on these issues.

As a general rule I favor laws that:

A) prevent people from harming another person, or risking harming to them, or
B) provide a framework that encourages you to develop virtue, even if no strangers are hurt

That second point needs a bit of qualification because generally the law is a pretty awful tool for building character. It can help motivate you to do the kind of things that destroy virtue, but it’s quite often a very blunt instrument, and it only guides actions, not the motives behind those actions. So if there’s another way to encourage folks to build up their characters, I’d say go for that.

There may be other reasons people can think of that justify laws; I just can’t think of them offhand. But I think these general goals are good. I’m in favor of drunk driving laws because of that first point – you’re putting every other driver on the road at risk, and they’ve done nothing wrong. I’m also in favor of the minimum age for drinking (no alcohol until you’re twenty-one), but for the second reason. It’s not that teenage drinkers are more harmful to bystanders than adult drinkers are. But in my experience, the older you are before you start doing something that can be addictive (and drinking probably qualifies), the better – you have the character necessary to stay away from bad habits. So if you wait to start drinking until later, odds are you’ll drink in a better, less destructive way – this law makes it more likely you’ll have a good character needed to avoid alcohol abuse. Imperfectly, of course, but as a blunt instrument it’s not too bad.

Now, on to contraception and abortion. Sex involves two people, so I can easily imagine situations where you risk hurting someone else. I already mentioned one, actually. If you know you have a serious STD like HIV or AIDS, I don’t think you have some kind of right to put your partner at risk. But we’re not really dealing with true outsiders; usually the only other person involved made a choice to be involved, so you don’t run into things too often like the sober man killed by a drunk driver.

Abortion is trickier. It seems like it would come down to a question of whether the fetus is a person. I mean, the whole point of abortion is to kill a fetus – that’s harm, no doubt, even if it’s outweighed by other concerns. And most people who are pro-life think it’s obvious that a fetus is a person – a clear case of the restriction “prevent[ing] people from harming another person,” right?

Not quite. It’s important to understand that there are two types of abortion. Some either keep the embryo from implanting in the woman’s uterus or detach it once implanted – essentially saying the fetus or embryo don’t get access to the nourishment from the mother’s body s/he needs to survive. Obviously that means the fetus dies, but the abortion is more about a woman choosing what happens within her body, not killing it directly. On the other hand, some abortions do attack the fetus directly, attacking it directly. As I understand it, this latter type really only happens late in the pregnancy and is relatively rare, so I’m going to focus on the first type.

I can go along with a law that says I can’t harm another person. But what about a law that says I have to save someone? Good Samaritan laws are pretty controversial, and they just require you to get involved for a relatively brief window of time. In a way we use taxes to force people to help others, but again, we take a relatively small percentage of income and this isn’t really forced because you’re always free to leave the society if you don’t want to live under the social contract. But even so, these moves have been pretty controversial ones. The idea that we could force a woman to go through a pregnancy she doesn’t want requires an even greater explanation. And the claim that a fetus is a person (even if true) doesn’t cut it IMO. People have a right to life, but they don’t have a right to nourishment. I’ll come back to this on question #4 in a few days.

Now, there may be some legal restrictions on abortion that make sense. I like to think there are! I mean, the idea that any human action simply isn’t critiquable by the law makes me go a bit twitchy, given what I’ve experienced of human nature. But most of the actual laws people have come up with, they flow from principles I don’t think we’d be comfortable applying in any other context. (How would we feel, for instance, if a pharmacist could refuse to sale medicine for high cholesterol, or if you had to see a counselor before having gall stones removed? And that seems to be a good starting point on this area: what’s the principle motivating the restriction, and are we comfortable applying it universally.

I can also see someone restricting abortion as a way to spur on moral development. For instance, say a certain woman refused to use contraception and would just try to get abortions once pregnant. We’re not talking failed contraception (she’s not even trying), and let’s just assume it’s actually widely available. I wouldn’t have a problem with her doctor warning her that he wouldn’t do any more abortions unless she could prove she’d taken contraception and it had failed, as a way to wake her up that she was being unacceptably careless with human potential. If this was a widespread problem and you could generalize this approach so it only affected those in need of a moral wake-up call, I’d be okay with that under my B) criteria above. The problem is, first, it’s not a common problem – I suspect situations like this are exceedingly rare – and second, you can’t really use the law to sort out people who need abortions for good reasons for those without such good reasons. At least I can’t see how you would. BUt if you could show me how a certain law would help spur on character development that was actually necessary, I’d be convinceable.

What about you? Do you think there are any good restrictions on if/when contraception + abortions should be available?

Comments

( 3 comments — Leave a comment )
aearwen2
Nov. 25th, 2012 08:17 pm (UTC)
I believe:

1) There is NEVER a good restriction for when/if contraception should be available. If a woman (or man) decides to be responsible and try to prevent pregnancy from happening in the first place, they should be able to acquire the means to do so without any impediment whatsoever. They should be able to acquire it without the need for parental approval, a doctor's prescription, etc.

2) There is NEVER a good, cookie-cutter type restriction for when/if an abortion should be available - mostly because each situation has its own circumstances. In this issue, there simply isn't a "One Size Fits All" solution.

That being said, I do not necessarily approve of abortion consistently and repeatedly being used as as a way to avoid parenthood. Given that many agencies exist that make the availablility of contraceptives quite easy (for the most part), there are few excuses for this kind of behavior. I also believe – although I would grant that I have little scientific evidence to back this one up – that repeated abortions would prove damaging to the mother's body over time.

I do not approve of the need for parental approval or notification in the case of a minor wanting either a contraceptive OR an abortion. Frankly, if the young lady were secure in the love of her parents, they'd already know about it – and the sad fact is that many of the girls who wish to have an abortion without parental notification have good reason to fear what would happen if the parents found out she was pregnant/sexually active. To be honest, if a person is old enough to have sex, they are old enough to make decisions regarding their own bodies. Period. End of statement.

If there were to be a line drawn past which I believe no abortion should take place, it would be at the point where the fetus could survive outside the womb without drastic medical intervention. Up to that point, the fetus is utterly dependent upon the mother. This doesn't mean that I necessarily approve of second trimester abortions without damned good cause, however. But, as I said at the beginning, each situation has its unique circumstances that need to be considered.

However, I will qualify my statements above by saying that just because *I* don't approve, I am by no means insisting that society follow my proscriptions in all cases. By forcing my limitations on others, I am dismissing those all-important unique circumstances that make each case different. I am not so insecure in my beliefs that I feel I must thrust them down everybody's throat simply to feel "right".

I think the most important point that pro-life advocates continue to avoid addressing is:

THERE IS NO WAY IN HELL ANY LEGISLATION REGARDING ABORTION WILL IMPACT THE MORALITY OF SOCIETY.

In other words, I don't believe that prohibiting abortion will make girls be any more careful and/or boys any more willing to drop down to the local Rx and pick up a box of condoms. I don't think denying minors access to contraception will accomplish anything either except sentence many more young women to face the decision of abortion/adoption/single-parenthood. And considering that the vast majority of those who espouse a pro-life stance also are against welfare, aid to women with children, Head Start, and public education, I find the insistence on every pregnancy being forced to a live birth conclusion to be hypocritical.

The pro-life movement is ill-named. It is pro-birth only. After birth, the kid and its mother could go to Hell, as far as they care.

And that, if nothing else, is why I feel that it's imperative that both abortion and contraception remain legal. The support system provided by society simply isn't adequate to allow for anything else.

My opinion only. YMMV.

Edited at 2012-11-25 08:20 pm (UTC)
dreamflower02
Nov. 25th, 2012 10:31 pm (UTC)
Now, I have to say that I am not certain I agree with this statement:

To be honest, if a person is old enough to have sex, they are old enough to make decisions regarding their own bodies. Period. End of statement.

A hospital or a doctor cannot under any other circumstances do a medical procedure on a minor without parental permission. Sometimes even lifesaving efforts can be delayed by that need--though there are some rules covering emergencies.

A parent has a vested interest in his/her child's health. I can remember a case where a young teen ended up in the hospital with what her distraught father thought was acute appendicitis.

It turned out she had a serious infection caused by an IUD that he knew nothing about. It wasn't that he would not have been understanding, but the girl was simply too embarrassed to discuss the matter with her single father.

A child in a position of truly fearing a parent should have an option of speaking to an advocate, who could help her obtain what she needs with the help of a court, and bypassing the parents should not be a general rule.

I only ever had a son, but if I'd had a daughter, I would be quite incensed if someone took her health in their hands without consulting me.

Like Marta, I also have some reservations about late term abortions. We have arrived at the point in technology and advances in health care that babies born prematurely even as early as the end of a second trimester can have a chance to live--so viability is to me a very important sticking point. I would not say "no exceptions", but I would think it not unreasonable that such exceptions would have to involve the life or health of the mother.

That said, I think any other circumstances should be between a woman and her doctor (and sometimes the father, though that would not always be the case). I don't think that this is anything that the law can solve.


spacellama
Nov. 26th, 2012 03:47 pm (UTC)
As a mother of daughters, I would hate for them to receive surgical treatment without my knowledge. And there are lots of reasons a girl might not tell her parents; she doesn't have to be in fear of her life or safety to, for instance, be terrified of disappointing her parents. I've already encountered my kids keeping secrets just because they thought their actions would make me disappointed. Granted, we have good enough communication that the secrets don't last long, but the kids are still young. I hope the law never gets to the point where my child can go in for a surgical procedure all by herself. I always want to know, so I can be there for her and with her.

And yes, I understand the other argument, the side that says kids should be able to get abortions because they fear their parents. I had a scary father and did plenty if research into exactly what proof a judge would need to bypass telling Dad things, if it became necessary. I believe that the hoops currently in place are high but not insurmountable.

My restrictions, in answer to the original question, would be age if the mother and viability of the fetus. I think that our current laws have those pretty much taken care of, and I hope politicians don't go mucking with them.
( 3 comments — Leave a comment )

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