An interesting discussion occurred on a Jezebel comment
thread the other day, surrounding the pro-life/pro-choice/abortion debate. Each
side claimed to be open to debate, yet every statement dissolved into attacks
and accusations.
Obviously, this issue is hugely polarizing, and a matter of
life and death, quite literally, but there’s something more preventing any sort
of productive discussion on the topic.
I took a class on argumentation, as part of my Masters
coursework. One of the biggest things I took from the class was that there can
be no legitimate argument or debate unless both sides can agree upon the
initial terms.
So for example, imagine you are planning to paint a wall.
You decide to consult a friend/partner/spouse/whomever on the color choice.
They don’t like the color you’ve selected because it’s too
dark/light/neutral/aggressive/whatever. That’s fine. But they also don’t think
the wall exists.
You can’t argue over what color to paint a wall if both
parties can’t even agree that there is a wall, much less that said wall is in
need of painting.
Maybe that example seems a little facetious – afterall, a
wall is a wall, right?
But the point is, our starting points are different, and
those are what we have to defend and define in order to make any sort of
headway in the legal discourse surrounding the topic of abortion in the US.
The biggest starting point that has to be understood is that
this is not an issue of religion.
The Establishment Clause of the First Amendment of the United States
Constitution specifically states: “Congress shall make no law respecting an
establishment of religion.” So if we’re talking about this in the legal sense,
religion cannot be involved, because to favor or disfavor religious discourse
would be unconstitutional. Of course, that’s assuming you recognize the right
of the Constitution to govern lawmaking in the US. Let’s just assume that one,
I hope.
This is not (and should not be) problematic for religious
individuals, because affirming abortion does not mean forcing individuals to
have abortions. There is a difference. And mandating the religious beliefs of
one group over the religious or a-religious beliefs of another group would be
constitutional violation (see above). And yes, the Free Exercise Clause (“…or
prohibiting the free exercise thereof”) is important, too. In fact, the right
of taxpayers not to have to support abortion services because it *might* be
against their religion is already federally protected.
The Hyde Amendment prevents any federal funds from being
used for abortion services. That means those who worry that their religious
freedom is being threatened by the taxes they pay going to fund the whorish and
amoral behavior of slutty women nationwide can stop worrying.
Then, of course, we have the life issue. This gets even more
tricky. Again, we have to be careful of religion. Because that has to be the accepted
starting point – that anything that begins with “according to the Bible” or “God
says…” is not allowed.
So when two cells meet, a sperm and an egg, is that life? I’m
not a scientist, but I have some vague idea that if you took those two cells
out of a woman’s body and set them on a table, they would not magically become
a person. This is an important distinction. Maybe it would be life, but it
would not be a person according to
our legal understanding of the term. Those cells would not be capable of
breathing, thinking, acting – not as they were. Without the intervention of
science, or another person (the mother’s body), those two cells are never going
to grow up to pay taxes, vote, or serve in the army.
Any legislation that seeks to call the combination of two
cells a person (I’m looking at you, Oklahoma, Mississippi, etc.) has to be
viewed with a good deal of suspicion. At the very least because it’s an obvious
violation of the “no religion in legal issues” principle.
I know there is a lot more to this issue but I didn’t set
out to write a treatise, and I didn’t set out to solve the abortion debate. I just
wanted to maybe put together something to better help people understand how an
informed debate about abortion could be started. We have to go back to the
beginning if we have any hopes of ever having valid discourse about such a
highly-contentious topic.
Feel free to leave your thoughts – just no personal attacks.
<3