Sunday, July 10, 2005

Against Anti-Choice Absolutism

Ever since Sandra Day O'Connor announced her retirement, we have heard quite a bit about what can happen to the court. The issue which occupies the attention of both the right and the left is abortion . I have to say that in no way do I look forward to the intensified debates certain to follow court appointments. I have been teaching moral issues for years. Almost every year I have focused a unit of debate on Abortion. And, honestly, in the last two years it has been unbearable to bring this topic up for discussion.

What bothers me, as someone trained in good argument, is how a very complicated and interesting moral argument has turned into shouting matches. Abortion, frankly, is an issue that reasonable people can disagree on. Moreoever, in the past, most people I discussed or debated this issue with were fairly thoughtful about their views on abortion and quite willing to entertain the nuances of counterarguments. Now, however, there are pre-determined party lines and anything that deviates from that "line" is heresy.

I find this really disappointing. So, I thought I would blog a bit about it today. I guess, what most astounds me about current discussions of abortion is how "absolutist" both sides can be on this issue. For example, it use to be possible for pro-choice folks to denounce certain decisions to abort. I think many reasonable and moral persons can support the view that trusts women to make a good moral decisions about their lives (to extend autonomy to women), and yet, those same reasonable and moral person can admit that some women are not thinking clearly or making good decisions.

If you read the literature--the enormous literature that deals with the moral and legal arguments concerning abortion--it is astounding how thoughtful and careful thinkers are on this issue. And yet, when the debate makes it into classrooms these days, usually what it devolves into is a sophistical trap. It goes like this:

Student A: I think abortion is a personal, moral choice.
Student B: When does life begin? [This is the beginning of the trap]
Student A: What?
Student B: Since when is "murder" a personal choice. [You can see where this goes]

The fact is, the reasons women choose to have abortions or terminate a pregnancy are as varied as you can imagine. For example, what if a married woman, in her 40s, who is already raising three kids finds out she is pregnant. She decides to ask her OBGYN for a prescription for Plan B to prevent implantation of the pregnancy. Is this "murder"?

Now, let's consider a reason to prevent a woman from getting an abortion. Let's imagine that a woman in India has aquired enough money to get an amniocentisis done. She finds out that her fetus is a girl. So, she immediately seeks out an abortion. Is this a legitimate exercise of choice or autonomy?

I could go on with countless complicated and nuanced examples. But, of course, if you were to ask many of my students what image they have in their head of a woman seeking an abortion, it is usually a very irresponsible young woman who should've "kept her legs closed." Rarely, do the men who "opened those legs" get scolded or held accountable for their actions. This is usually, I imagine, because most of us still grow up in a world where we learn to see women as "temptresses" and men as incapable of holding back sexually. In fact, I am always amazed at how men are willing to paint their sexual urges as somehow incontrollable and hence, the burden lies on women to not put themselves in they way of a oversexed teenage male.

But, the fact is, women from all walks of life and all types of situations seek out abortions. And, sometimes, the details of the case are such that almost anyone can understand the choice (e.g. the child will be born with Tay-Sachs disease, the woman has an irregular pregnancy, the woman was raped). Sometimes, women were irresponsible and living in horrible conditions (poor, drug addict, etc.). The cases vary. What should occupy our thoughts, however, is what the "unintended consequences" are of any legal regulation of abortion.

Now, I know that many would like to use the law to teach women morals, and hence, get rid of the right to a legal and medically safe abortion. However, using the law is a rather blunt instrument in this case. What you do is put many women in a great deal of harm if you try to regulate those "loose" women who choose to have an abortion. What happens, for example, if you find out your mother's health is in great danger if she brings her pregnancy to its end? If you have taken away her right to have a safe and legal abortion, then, you are perhaps handing down a death sentence to your mother. I know, many anti-choice folks will argue that this is a "rare" case. But, frankly, that doesn't matter--even if it were a rare case.

Let's say, for example, that you say, "well, ok, abortion should be illegal except in cases like the one you just mentioned above." If, however, you agree to such an exception, then you are compromising any moral position you may put forward that claims that abortion is murder. If it is murder, then it is murder whether or not it is to save your mother's life. And, if you admit to that, then you have to start thinking in a more sophisticated manner about what IS a moral choice. If it were easy to make moral decisions, then we wouldn't have long and thoughtful debates on the matter.

I just pray that we will be able to have a civil and thoughtful dialogue about these matters again.

7 comments:

  1. Anonymous8:56 AM

    http://www.interocitor.com/archives/000683.html

    ck it out

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  2. One of the most important issues to keep distinct, I believe, in the issue of legal access to abortion, is that between a legal concern and a moral concern. Now, while the two do obviously overlap in some sense (there's a law against stealing because we believe that people have a right to their property and that it is wrong to deprive them of it in such a manner), in this case there's an important distinction to be made.

    The pro-choice position--as a legal position--basically asserts that a woman cannot be turned into an incubator against her will. We may not like the moral choices she made to get into the position she did (how COULD she have worn that mini skirt, when she KNEW it would get her raped?!--not that long ago, this would have sounded logical to many people), but it does not follow from this that we can force her to incubate something against her will. That is, unless we can prove it is a person (not merely a human) with rights that trump hers. In the absence of this proof (and reasonable people widely disagree on arguments aiming to prove the fetus a person), we cannot legislate the "right" of the fetus. So, we leave the moral decision up to the woman (read: we accept her autonomy), and if we have moral qualms about it, we can seek to influence her with reason or with social opportunities (like BIRTH CONTROL) that will substantially reduce the likelihood of unwanted pregnancies.

    SO, I'm going to go out on a limb here and play with your thought experiment about the woman who wants to abort because the sex of her baby is a girl. Since it's a thought experiment, let's leave aside the biological point that the sex of a fetus cannot be determined until after the first trimester, and say that, even in this case, I would assert that she had the legal right to abort. I may not like her moral choice, and I would look deeply into the cultural (and perhaps more specifically marital) influences that would lead a woman to undergo uncomfortable and invasive surgery for such a reason, and hopefully work on ways to change those influences, but to simply force a woman to carry a fetus she doesn't want to term, is not the best legal answer.

    And this brings me to my usual "rant" about the abortion debates. Both sides (at least in absence of life-or-death health examples) continue to treat the issue as one where a woman carries this fetus around as though in her purse or something and then has the option of keeping it or handing it over to an adoption agency. Does she have to do so? Can she dispose of it sooner? Etc. What needs to be brought more strongly into discussion is the nature of pregnancy and of abortion specifically as undergone by the woman who has to go through it. Women are all too ready to testify to the painful difficulties of pregnancy (even a healthy one), and if anyone read Brooke Shields op-ed in response to loony toon Tom Cruise, we can see how radically post-partum depression can affect a woman, even one who wants and loves her children. Pregnancy doesn't seem like something you'd want to force someone into against their will. On the other hand, an abortion is hardly a trip to the candy store. We're talking about an invasive surgical procedure here. Even RU-487, the "abortion" pill, does not have the effect of simply making a problem "disappear"--there's bleeding, cramps, and discomfort. These are not things that women would choose to do lightly, and for the most self-interested of reasons. To go back to your example of the woman aborting a girl fetus, if a woman is willing to do this, to go through the physical and psychological hardship, shouldn't we be asking what on earth is making it worth her while rather than condemning her as immoral (I know you weren't doing this)?

    Perhaps this is why the second-wave feminist claim about abortion was "if men could get pregnant, abortion would be a sacrament." It wouldn't be a thoughtless and meaningless medical procedure, it would be a sacred ritual that recognized the profundity of such a decision. If a man gave some serious imaginative thought to what they would actually be FORCED to undergo (including months of physical and emotional pain to wait to birth an already dead fetus because no one "does that procedure around here"), they would at least think a bit less abstractly about what they are telling women they have to undergo in the name

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  3. P.S. I accidentally published rather than previewed the previous post, so if it rambles, that's why.

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  4. Anonymous10:53 AM

    anonymous, i went to the suggested web site, what a laugh! although, the expressed hate made me feel at home. morons!!! i hate them. don't get me wrong, anonymous, i include you in the 'them.'

    hatefully,
    hate heals the heart.

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  5. p.s. Among other grammatical typos and an unfinished sentence, I obviously meant to type "RU-486." I'm sure I have incurred the wrath of Mr. Hate-fest, but what can I do. Besides, if this siphons off some spastic energy, I'm glad to help out. ;-)

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  6. Dear "I,"

    You are absolutely brillant in your analysis of the abortion issue--yes, yes, the legal issue is wholly different in kind from the moral issue. Why can't republicans, even social conservatives like Santorum, be consistent in their views on regulation? I guess when it comes to business, then the rule is less regulation, maximize personal liberty. But, when it comes to the abortion issue, then all of sudden, we need the federal government regulating individual's behavior. And, yes, the downside of regulating abortion is that we have state-mandated pregnancy. The federal government steps in and thinks for women. It tells women that they must carry a pregnancy to its end, regardless of ANY reasons they may pose (perhaps outside of rape) that suggests they are not suited for this pregnancy.

    Look, it does seem totally clear that only if men were capable of getting pregnant would we see a whole different national debate. Can you imagine men facing a situation where their bodies were regulated by the federal government. I can just see it now: "put that hand down, stop rubbing, you are wasiting life by letting out those sperm--those potential babies." Imagine if we turned back the clocks to a time when men would be given unruly devices that kept them from being able to touch their private parts. Or, what if all men who impregnated women were castrated as a punishment for their unwholly unions with women. Even if all these things were back in vogue, they still would not be as demeaning as the legal options that extremist pro-lifers are suggesting.

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  7. Anonymous12:34 PM

    First, the insights presented into the abortion discussion by all of these posts are incredible and certainly thought provoking.

    That being said, I have often taken a simpler (maybe that's not the right word) approach to the issue, but one that has often left me stranded in discussions with pro-lifers (especially those grounded in religious arguments). It seems to me that decisions must be made on the basis of the information/knowledge available to a person. Now, there is one aspect of the abortion issue that a neither a woman faced with the decision nor a legislator can, technically, know: when or if a group of cells is endowed with a spirit (a soul, atman, giest, whatever it may be). One may speculate, one may have faith, and one may choose to believe but one absolutely cannot know when this occurs, if this occurs. We may argue it to the end of days, and only then is it even possible that we may find out.

    However, there are a number of factors that a woman (or a family) faced with the decision of abortion can know that a legislator cannot. This is knowledge of the origins of the pregnancy (rape?), knowledge of the health of the fetus, knowledge of the welfare of the home, an idea of what sort of environment the child, if born, would be raised in. This is practical knowledge, knowledge-of-place-and-time. With this knowledge being the only true knowledge on which to base a decision, it is only through sheer arrogance that legislators could intervene.

    Yes, there are cultural norms to be considered, but a woman can weigh the force of those norms on her own. And, if by chance she is incapable, counseling can be sought, but the decision should always ultimately be hers.

    Just my two cents.

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