#692 Musings Beyond the Bunker (Monday June 26)
Good morning,
ABORTION RIGHTS DEMAND COMPROMISE
The abortion issue may well be the most intractable issue facing our country. There are deeply principled points of view on this issue, informed by questions of individual liberty, women’s rights, the health of mothers, the sense that a fetus (at some point) is worthy of government protection, and religious doctrine. Can it possibly be that a compromise could be reached among these disparate points of view? I actually believe there is that point—and it is one that fit comfortably within the rubric of Roe v. Wade and what most Americans would find acceptable.
There is a small group that thinks abortion should be available and is justifiable in all circumstances at any time, right up to birth. It is of course impossible to imagine that there is any meaningful group that believes abortions should be permitted in the ninth month of pregnancy. At that point, one would have to believe that the “option period” to terminate an unwanted pregnancy would have elapsed. The right would like us to believe this is a significant group, but it is not. Similarly, there is a small group that thinks abortion should not be available, even in the event of rape, incest, or grave danger to the mother. This group, albeit small, has its representatives in Republican controlled state legislatures and, importantly, on the Supreme Court.
THE BEST ARGUMENTS ON EACH SIDE
I think many people engaged in these debates assume the other side has no grounds for their position. Let’s accept that each side of this debate is proceeding in good faith. One side thinks a woman should have rights over her own body and believe that a woman’s health is of paramount importance. Neither of these things seems unreasonable. The other side thinks that there is a point when a fetus becomes a nascent human being and abortion no longer is an option. This, too, seems reasonable. It would seem to most people that some compromise on this difficult issue is possible.
Despite the political extremists who are trying to further their extreme point of view—and those who raise money on that basis—most people believe that a reasonable time should be afforded for a woman to make an informed decision. Most people think this period ends when the fetus is capable of surviving on its own—generally agreed to be 25 weeks (give or take). Most people believe that, after this reasonable period, absent risk to the mother’s life, the baby should be carried to term.
MORE EXTREME VIEWS ARE MOTIVATED BY RELIGIOUS CONVICTION
Notwithstanding the general national consensus on the issue, including among Republicans, some states have decided there should be no right to abortion, or the right should end after merely six weeks. This six week limit does not comport with reality. There are countless women who miss their periods or don’t know they’re pregnant at that early date. Indeed, pre-teenage girls who are the victims of rape may well be unaware of the bodily changes associated with pregnancy. It seems unreasonable to require that a decision be reached before pregnancy can even be confirmed.
An argument often expounded for prohibiting abortions early in a pregnancy is that a fetal heartbeat can be detected. Never mind that for actual, living human beings, a heartbeat is not indicative of life. If an adult experiences an accident and there is no brain activity, even when there is a heartbeat, that person is deemed dead.
THE RELIGIOUS EXPLANATION
With respect to states that have eliminated the right to an abortion entirely, there really is only one explanation for this absolutism. One must believe that, upon conception, the fertilized egg has experienced “ensoulment,” or the attachment of a soul that indicates human life has begun. This is, of course, a religious concept, and not a legal or medical concept. And that is the crux of the problem with the absolutism of an abortion ban. If a person believes that at conception there is an obligation to continue that life, regardless of a woman’s desires or physical or mental health, there really is no negotiation. Our laws are slowly being twisted to fit the beliefs of religious fundamentalists, a number of whom sit on the Supreme Court.
The compromise on abortion can only be reached when one abandons the religious notion of some that a human life begins at conception or that some other non-scientific conclusion determines life (e.g., that a faint heartbeat equals human life). These should be questions not of law and not of religious faith (in fact, most religions do not ascribe to this view). When one accepts that we are not to be governed by the religious convictions of some, then one can reach a logical framework. Miraculously, that’s the 24-25 week mark that was the generally accepted standard until the Dobbs decision.
LIFE BEGINS IN THE PETRI DISH
The “absolute ban” states and proponents believe that life begins at conception. From there, it’s a slippery slope to the denial of a number of other things. It means that abortion pills will be prohibited. In vitro fertilization likewise would go by the wayside, as would stem cell research.
I fear the court has at least four members that not only will uphold any state’s absolute prohibition but may actually decide that the Constitution’s protection of all human life extends to a fetus because it is a nascent human life. If they attract a fifth vote, religion will reign triumphant over the state. And women across America will lose sovereignty over their own bodies, while medical research will take a giant step backward.
IN THE MEANTIME, A LITTLE HISTORY
As most of you probably know, I love a great history. While fiction can speak to the inner thoughts and existential angst of the characters and offer literary treats, there is no plot I’ve yet read that is as interesting as history.
I became interested in the Austro-Hungarian Empire and the Holy Roman Empire the other day and decided to do a “deep dive.” This dynasty, which at various times ruled most of Central and Eastern Europe, the Iberian Peninsula, and the Netherlands is fascinating for its resilience, its clever and propitious marriages, its sheer luck, and its horrible record in fighting wars, never ceases to amaze. After centuries of missteps, it finally met its demise after the First World War (where a number of great empires died—including Russia and the Ottomans). To slake this thirst, I purchased The Hapsburgs: To Rule the World, by Martyn Rady. There is much to be gleaned from this book; however, its greatest attribute is its ability to send me off to a peaceful sleep after a mere 15 minutes spent in the 17th century…
Have a great day,
Glenn
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