Abortion - Pro Choice - Pro Life

According to some, it is unfortunate that not everything that is immoral is illegal. But, there is disagreement among rational people as to what is moral and immoral. By what standard should we judge right and wrong in the case of abortion.

The Constitution

Although the Constitution uses the word, it does not define "person" in so many words.

Section 1 of the Fourteenth Amendment contains three references to "person." The first, in defining "citizens," speaks of "persons born or naturalized in the United States." The word also appears both in the Due Process Clause and in the Equal Protection Clause.

"Person" is used in other places in the Constitution:

  • Listing of qualifications for Representatives and Senators, Art. I, 2, cl. 2, and 3, cl. 3
  • Apportionment Clause, Art. I, 2, cl. 3;53
  • Migration and Importation provision, Art. I, 9, cl. 1;
  • Emolument Clause, Art. I, 9, cl. 8;
  • Electors provisions, Art. II, 1, cl. 2, and the superseded cl. 3;
  • Qualifications for the office of President, Art. II, 1, cl. 5;
  • Extradition provisions, Art. IV, 2, cl. 2, and the superseded Fugitive Slave Clause 3;
  • Fifth, Twelfth, and Twenty-second Amendments, as well as in sections 2 and 3 of the Fourteenth Amendment.

But in nearly all these instances, the use of the word is such that it has application only postnatally. None indicates, with any assurance, that it has any possible pre-natal application. [410 U.S. 113, 158]

In fact, the Constitution does not define what is morally right or wrong. Rather, it establishes limits on what areas of human conduct are appropriate for the making of Federal laws. The "Bill of Rights" specifically sets forth areas of conduct for which government is prohibited from taking regulatory action. Although the question of when life begins existed long before the writing of the Constitution, the founding fathers sidestepped the issue.

Religious and Secular Views of When Life Begins

Most arguments about when life begins revolve around religious issues. Physical or biological facts appear to be secondary to the more subjective issues surrounding the "ensoulment" of the fetus, indicating when the fetus becomes a living human being.

Life Begins at Conception

Many people believe that the soul enters the fertilized egg at the instant of conception. This soul cannot be seen or felt, or detected scientifically. Nevertheless, the claim is that the soul exists in the fetus.

The unique code, DNA, that identifies an individual human being can be found in the fetus. This code remains unchanged throughout life. Others may argue that this code remains constant even in death, and thus is not an indicator of when life begins or ends.

Life begins at conception is the official view of the Catholic Church and is held by many non-Catholics.

Life Begins Some Time After Conception

Aristotle (384-322 BC) wrote in his History of Animals that the male embryo develops a human soul at about 40 days and a female embryo develops its soul at about 80 to 90 days. Aristotle's thinking derived from his three-stage theory of life: vegetable, animal, rational. The vegetable stage was reached at conception, the animal stage at "animation," and the rational stage soon after live birth. This theory, along with the 40/80 day view came to be accepted by early Christian thinkers. (See Exodus 21:22-25)

St. Augustine made the distinction between the "embryo inanimatus" that was not endowed with a soul and an "embryo animatus." He expressed the view that human powers cannot determine the point during fetal development when this critical change occurs.

18 Week Old Fetus
Abortion, pro or anti--here is an 18 week old fetus
It Sure Looks Like a Baby

Life Begins at Viability

Some focus on the interim point at which the fetus becomes viable, potentially able to live outside the mother's womb, albeit with artificial help. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks. Scientists have found hints of consciousness in 7-month old fetuses and measured brain waves patterns like those during dreaming at 8 months.

Life Begins at Birth

There has always been strong support for the view that life does not begin until live birth. This was the belief of the Stoics. It appears to be the predominant, though not unanimous, attitude of the Jewish faith. It may be taken to represent the position of a large portion of the Protestant community. Genesis 2:7 indicates that only after God breathed into Adam did he become a living soul.

One's "personhood" for the purpose of computing age begins at birth. A person is one year old when they have been 12 months outside the womb. We do not celebrate a person being one year old after being only 3 months outside the womb.

Some people have proposed an amendment to the U.S. constitution in the form:

Section 1. Human life begins at conception, and that life, even though unborn, shall be protected.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Such an amendment could well have the effect of having a child be 4 years old in March, then when the amendment becomes effective, become legally 5 years old in June; the child would begin kindergarten at age 5 in September--one year earlier than expected.

People would retire 9 month earlier and begin getting Social Security 9 months earlier.

Such an amendment could have profound effects on our culture, and put the U.S. out of step with the rest of the world.


No easy resolution of these positions seems possible. Opinions are largely polarized. Many who take one position consider those who take other positions as evil. Many who hold that human life begins at conception view abortion clinics as the equivalent of Nazi death camps.

Studies

Public opinion is hard to quantify. Survey results strongly depend on the exact wording of questions as well as the order in which various survey questions are asked. The most detailed Gallup poll ever done, by James Davison Hunter and Carl Bowman, indicates that 80% of adults believe abortion involves the destruction of a human life. Even so, most surveys indicate that women should have some access to abortion in at least the first trimester. Most say that abortion is always regrettable, but is a necessary evil.

Several extensive studies have been done to determine why women have abortions. One 1988 survey by the Alan Guttmacher Institute interviewed 1,900 women about to have an abortion. Planned Parenthood reported the results in Family Planning Perspectives, July/August 1988. Women give the following as the main reasons for their choosing abortion:

Woman is concerned about how having a baby could change her life 16%
Woman can't afford baby now 21%
Woman has problems with relationship or wants to avoid single parenthood 12%
Woman is unready for responsibility 21%
Woman doesn't want others to know she has had sex or is pregnant 1%
Woman is not mature enough, or is too young to have a child 11%
Woman has all the children she wanted, or has all grown-up children 8%
Husband or partner wants woman to have an abortion 1%
Fetus has possible health problem 3%
Woman has health problem 3%
Woman's parents want her to have abortion <1%
Woman was victim of rape or incest 1%
Other 3%

It is clear than the major arguments for abortion, health of mother, deformed children, and rape or incest amount to at most 7% of abortions. The vast majority, 93%, are for social reasons.

When should abortions be legal? A poll conducted by the Wirthlin Group in November 1993 used the following question with the following results:

Many people are interested in what the public thinks about abortion and the law. I am going to read seven statements and I'd like you to tell me which one most closely reflects your views on when abortion should be legal.

Abortion should never be legal 9%
Abortion should be legal only when the life of the mother is in danger 13%
Abortion should be legal only when the life of the mother is in danger or in cases or rape and incest 21%
Abortion should be legal only when the life or physical health of the mother is in danger, or in cases of rape, incest, or fetal deformity 25%
Abortion should be legal for any reason during the first three months of pregnancy 21%
Abortion should be legal for any reason during the first six months of pregnancy 2%
Abortion should be legal for any reason at any time during pregnancy 8%
Don't know or refuse to answer 1%

From the survey, 31% of the people believe abortions should be legal for any reason, some with reservations about the length of pregnancy. Two-thirds (67%) would restrict abortions for cause, including rape, incest, health or life of the mother, or never approve abortions.

But, are opinions the only avenue for reasoning about the morality of abortion?

No. There are reasoned arguments.

There are basically three positions people take regarding the morality of abortion:

  1. Abortion is morally wrong except in very rare cases where it is required to save the life of the mother. These cases might include a tubal pregnancy where the zygote remains in the fallopian tube (where the mother will die if an abortion is not performed) and the removal of a cancerous uterus.
  2. Abortion is morally justified in some cases, but not others. These cases might include rape, incest, or extreme physical, mental, or economic conditions.
  3. Abortion is morally permissible in all cases where the mother and doctor agree.

Moral Absolutism

The views of moral absolutism are based on principles. The acceptance of various principles depends on whether the principle is appropriate to the situation.

Often the concept of "living human being" is equated to our concept of a "legal person" who has certain specific rights.

Personhood -- When is the Fetus a "legal person"?

So, the definition of the whether the fetus is or is not a "legal person" or a "living human being" determines what principles to apply.

Those favoring the right-to-life position use definitions of personhood that include the fetus as a person. These criteria often include:

  • Genetic composition - at conception the fetus has full human genetics with 23 pairs of chromosomes.
  • Human conception - the fetus is conceived by human parents and is fully human.
  • Independent potential - the fetus will develop and grow into an adult with potential for independent accomplishment.

These criteria include the fetus as a person having rights, including the right to life.

The principles then favor anti-abortion or right-to-life arguments. This argument typically is:

  • Life is precious and should be protected.
  • The fetus is a person with the right to life.
  • Killing a fetus through abortion is wrong.

Those who favor abortion include the above criteria for personhood, but often favor additional, more restrictive definitions of personhood that exclude the fetus. Such definitions often include:

  • Consciousness - the fetus is not conscious of its surroundings until late in its development.
  • Reasoning - the fetus has not developed the mental capacity to learn and solve problems.
  • Communication - the fetus cannot communicate with other people until, possibly, late in its development.
  • Self-awareness - the fetus is not aware of its conditions, environment, or surroundings enough for it to distinguish itself from its surroundings.

Those who favor these less restrictive criteria for personhood favor looking to the rights of the mother. The mother's rights outweigh any rights of the "potential" person that the fetus might become.

Alternatives to Abortion

Those who favor "right to life" positions often seek to influence women who are thinking about abortion to consider alternatives.

If 97% of abortions are for social reasons, then women in these situations need to be reached before they contact abortion clinics whose primary purpose is to "sell" abortions. This can be done through print media, radio, TV, and the schools.

The Federal government supports and sponsors recreational sex among our teens through the distribution of condoms at school, the authorization of sexual explicit or suggestive TV programs, and support of abortions after the inevitable. Pro-life advocates insist that the government support concepts such as abstinence until marriage, and support councilling, and safe delivery options. Outlets for these services already exist.

There are over 3,000 Crisis Pregnancy Centers in the U.S. that are ready to help women facing uncertainty over their situation. In addition to providing pregnancy tests and counseling, these centers often offer a full range of services, helping women obtain housing, maternity and baby clothes, baby equipment, pre- and post-natal medical care, legal assistance and financial support, information about adoption, and even advice on how a woman in school can continue her education.



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You may be interested in visiting the following sites:

Pro-life amendment petition
Ultimate Pro-Life Resource
AbortionTV.com The Internet's #1 abortion information source.
TrueAbortion.com Only abortion site managed entirely by teens.
Life Advocate
Abortion Alternatives
The BirthSite Every pregnancy should be something wonderful for a woman, her baby, and those people closest to her.
InterLife Organization
Pro-Life: America on Sex & Abortion
After Abortion
Westside Crisis Pregnancy Center
Pregnancy Centers Online
Abortion Help: World Directory
Planned Parenthood
National Abortion and Reproductive Rights Action League (NARAL)
The Abortion Access Project
Row v. Wade Life Denied

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Copyright © 2004 Robert Sherman

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