Mar 202013
 

Here’s a fascinating and horrifying story: “A surrogate’s unimaginable dilemma.” I wish that I could share a relevant tidbit, but alas, it’s the kind of story that you just have to read from beginning to end… and it’s very well-told.

(The story raises all kinds of thorny questions about abortion rights in the context of surrogacy, and I hope that someone submits a question on the topic to Philosophy in Action’s queue. Update: WOOT! Emily submitted the question! You can read and vote for it here.)

As a matter of morality, I think that to inflict a life of pain, suffering, and incapacity on a helpless infant is very wrong. The pregnancy could have been terminated when the abnormalities were discovered, and doing so would not have harmed any person or violated the rights of any person. That’s because the fetus is not an independent person with rights or interests until born, as Ari Armstrong and I argued in our policy paper, The “Personhood” Movement Is Anti-Life: Why It Matters that Rights Begin at Birth, Not Conception.

I value human life, deeply. I’m nothing but delighted by and supportive of people who value their future children while still in the womb. When a culture denies the value of human life — as Nazi Germany did — the results are horrifying.

Yet I cannot relate to people seek to “value life” by prolonging any form of existence by any means possible. Such people seem to value life in some kind of abstract or formalistic way, without regard for the kind of life lived, including the suffering inflicted by the attempts to sustain that life. That’s not the way that a rational and responsible adult values life, in my view. It’s emotional self-indulgence… or religious dogmatism… or duty ethics. Mostly, I’d say, it’s nothing good.


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Feb 222013
 

Here’s some very bad news from North Dakota, particularly for couples suffering from infertility:

North Dakota’s Senate approved two anti-abortion bills on Monday that would ban the destruction of human embryos and outlaw abortions after 20 weeks of pregnancy based on the disputed premise that at that point a fetus can feel pain.

Senators voted 30-17 to ban abortions after 20 weeks of pregnancy. The measure is a challenge to the 1973 U.S. Supreme Court’s Roe v. Wade ruling that legalized abortion up until viability, usually at 22 to 24 weeks.

The embryo measure narrowly passed 24-23, with the full Senate present. The measure’s aim is to prohibit the intentional destruction of embryos and to regulate in-vitro fertilization, in which a woman’s egg is fertilized outside her body. The bill defines a human being as “an individual member of the species homo sapiens at every stage of development.”

For more on what’s wrong with such “personhood” laws, read The “Personhood” Movement Is Anti-Life: Why It Matters that Rights Begin at Birth, Not Conception by Ari Armstrong and myself.

Also, worse might be coming from North Dakota:

The North Dakota House this month also passed a bill that would ban doctors from performing an abortion if a fetal heartbeat were detected. The House also has passed a bill would prevent women from having abortions based on gender selection or a genetic defect, such as Down syndrome.

Every restriction on abortion means forcing the burdens of pregnancy — and likely motherhood — on unprepared, incapable, and unwilling women. That’s a violation of their right to life, and it’s a serious moral evil.


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Tacit Consent to Pregnancy? No!

 Posted by on 28 January 2013 at 10:00 am  Abortion, Activism, Personhood, Rights
Jan 282013
 

This short commentary raises an excellent question about the “if you have sex, you’re consenting to pregnancy” argument against abortion rights.

According to many pro-lifers, when women consent to sex, they thereby consent to (and commit themselves to) bearing any resulting children. And so, in deciding to having sex, these women have in effect voluntarily waived their right to get an abortion.

Now, I find this pro-life claim utterly baffling: consent to sex is clearly different from consenting to anything further, many women deliberately use birth control to avoid pregnancy, many women plan on getting an abortion if they should end up pregnant, etc. According to this pro-life claim, it seems, we are supposed to interpret the act of consensual sex itself as involving some sort of mysterious tacit consent and occult commitments that are not only morally significant, but so overwhelmingly morally important as to completely override the actual preferences of the woman. I don’t think actions carry occult commitments, and this all seems like superstition to me.

But here’s my question. Let’s suppose for the sake of argument that actions do carry occult commitments. Even granting this, we still need a way of telling what those commitments are. Without a method of interpretation, we’re utterly in the dark. For example, a typical pro-lifer might say that the act of consensual sex carries the commitment to bear the child, waiving one’s right to an abortion. But a more radical pro-lifer might say that the act of consensual sex carries the commitment to bear and raise the child, waiving one’s right to an abortion as well as one’s right to put the child up for adoption. My question is: how are we supposed to tell which interpretation is correct, and which occult commitments are (and are not) carried by the act of consensual sex?

Ultimately, all arguments against abortion rights — including the argument from tacit consent — depend on the claim that the fetus has a right to life. Ari Armstrong and I refuted that argument in our 2010 policy paper, The “Personhood” Movement Is Anti-Life: Why It Matters that Rights Begin at Birth, Not Conception. If you’ve not yet read it, be sure to check out the section on “Individual Rights and Abortion.”

That being said… over the past few months, I’ve been thinking off and on about how to defend abortion rights in a way that’s more persuasive than the standard pro-choice arguments, including the better arguments of Objectivists. I want to find a way to make my own view resonate better with reasonable people of the “but it’s a baby!” mindset. So if you have any thoughts on more effective rhetoric on this issue, I’d be interested to hear that in the comments. I’d be particularly interested to hear from people who switched from “pro-life” to pro-choice views: What convinced you?


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Nov 192012
 

Hospital Death in Ireland Renews Fight Over Abortion:

The woman, Savita Halappanavar, 31, a dentist who lived near Galway, was 17 weeks pregnant when she sought treatment at University Hospital Galway on Oct. 21, complaining of severe back pain.

Dr. Halappanavar was informed by senior hospital physicians that she was having a miscarriage and that her fetus had no chance of survival. However, despite repeated pleas for an abortion, she was told that it would be illegal while the fetus’s heart was still beating, her husband, Praveen Halappanavar, said.

It was not until Oct. 24 that the heartbeat ceased and the remains of the fetus were surgically removed. But Dr. Halappanavar contracted a bacterial blood disease, septicemia. She was admitted to intensive care but never recovered, dying on Oct. 28.

Mr. Halappanavar, in an interview with The Irish Times from his home in India, said his wife was told after one request, “This is a Catholic country.”

On Facebook, I’ve seen some advocates of abortion bans claim that her death cannot be definitively proved to have been caused by the failure of the doctors to abort her dying fetus. That’s true, but utterly beside the point.

Very little in medicine is cut and dried. The human body is immensely complex, and doctors mostly deal in probabilities, not certainties. That’s part of why it’s so important for each person — guided by the advice of her doctors — to make her own decisions about her medical care.

People differ in their values, and hence, in the risks they’re willing to accept or not. For a person to be free to live her own life requires that she be free to decide what risks to take with her own body and health — without interference from the government.

For the government to dictate or outlaw certain kinds of medical treatments means subjecting people to risks contrary to their own best judgment of their own interests. That’s a violation of their rights, plain and simple. That’s true for all medical care, including abortion.

That’s why laws banning abortion violate rights, even when they allow for exceptions to save the life of the mother. All pregnancy is risky: the maternal death rate in the United States is 16 out of 100,000. Many women are unwilling to undergo that risk, not to mention all the other complications and risks of pregnancy — and rightly so. Because the embryo/fetus is not a person with the right to life, a woman has the right to decide, based purely on her judgment of her own best interests, that she’s not willing to bear the risks of pregnancy, and hence, to terminate her pregnancy.

In contrast, under laws that permit abortion only to save the life of the mother, doctors would be constantly subject to second-guessing by police, prosecutors, and courts — and perhaps, subject to very serious criminal charges for murder or manslaughter. That’s why women die under abortion bans, regardless of provisions that permit doctors to act to save the the woman’s life. The doctor cannot afford to be blind to the risk to his own life and liberty of performing an abortion, even to save a woman’s life.

The advocates of abortion bans seek to evade the consequences of their own policies when confronted by these kinds of cases by claiming that the woman might have died anyway, even if she’d been able to terminate the pregnancy. That might be true, but that should have been her decision to make. Instead, she was preventing from acting based on her own best judgment in service of her life. That’s a major violation of her fundamental rights.

Ultimately, as Savita Halappanavar’s husband said, “It was all in their hands, and they just let her go. How can you let a young woman go to save a baby who will die anyway?”

I’ve said it before and I’ll say it again: opposition to abortion rights is not “pro-life.”


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According to Colorado’s Secretary of State, the proposed “personhood” amendment won’t make the 2012 ballot due to lack of signatures — and that decision is final. The Denver Post reports:

The Colorado secretary of state’s office said Tuesday the proposed anti-abortion “personhood” amendment will not be on the 2012 ballot — no matter the outcome of proponents’ planned legal action to prove they collected enough voter signatures.

The ballot certification deadline was Monday. Even if a judge rules personhood sponsors’ petition was sufficient, the measure would have to wait for the 2014 general election, secretary of state spokesman Andrew Cole told The Post Tuesday.

However, that’s not the end of the story. Personhood USA takes a different view:

Personhood USA founder Keith Mason said Tuesday supporters have a 30-day window to take legal action challenging Secretary of State Scott Gessler’s Aug. 29 determination that the Personhood Amendment failed to make the ballot — falling short by 3,859 signatures.

Petitioners collected 82,246 valid signatures of the 86,105 required, according to state officials. “We have until Sept. 28 to file our lawsuit. And the more we look, line by line, the more confident we are we have enough signatures,” Mason said. “We have recovered thousands of signatures.”

Personhood USA seems serious in their desire to make a legal challenge, as seen in this September 14th email to supporters:

We need your help! Last month we told you that volunteers worked tirelessly to collect over 112,000 signatures to get the Personhood Amendment on the ballot in Colorado. But the Secretary of State in Colorado has denied our request by claiming that we are 3,700 signatures short of qualifying for the ballot. This a purely political act, as many of the signatures discarded were actually valid signatures!

We must file a court challenge within 30 days, and we fully intend to do so. But we need your financial help! In order to continue our fight for the unborn and protect all innocent life we need to raise over $50,000 to combat the political machine in Colorado. …

They might win that legal challenge — or they might lose it. Basically, right now nobody knows whether “personhood” will be on the ballot in 2012 or not.

That’s hugely frustrating for me. All plans to update Ari Armstrong’s and my 2010 policy paper The “Personhood” Movement Is Anti-Life are up in the air until this matter is resolved. Right now, I’m not sure what kind of revisions we’ll want to make, because we may want to talk about the new language of the 2012 ballot measure or not.

Also, I don’t know whether I’ll want to raise money for those revisions or not, as I did in 2010. I’m not willing to slog through the burdens and risks of reporting again, as would be required if “personhood” makes the ballot, unless, that is, the court rules in our favor next week. In that case, I won’t have to report, even if “personhood” is on the ballot. That would be awesome.

Gah! The uncertainty is just killing me. These matters will be resolved soon, I know, but time is running short!


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Aug 302012
 

Colorado Personhood Measure Falls Short Of Ballot:

Backers of a controversial fetal personhood measure in Colorado have failed to gather enough signatures to get the proposal on the November ballot, Colorado Secretary of State Scott Gessler announced on Wednesday.

The measure, which would define a fertilized egg as a person, fell nearly 4,000 short of the 86,105 signatures it needed to qualify for the ballot. The proposal has appeared on statewide ballots in Colorado twice before, in 2008 and 2010, and was soundly rejected by the voters both times.

A spokeswoman for Personhood USA, the anti-abortion group behind the nationwide push for fetal personhood laws, contended that the Secretary of State’s office had made a mistake in counting the ballots. “We have more than enough valid signatures that were discounted by the Secretary of State’s office,” Jennifer Mason told The Huffington Post.

It sounds like Personhood USA will appeal Secretary of State Scott Gessler’s ruling, so for now, we just have to wait and see.

Colorado’s Republicans must be (secretly) cheering and hoping, because personhood did them a lot of harm in the 2008 and 2010 elections.


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The Criminalization of Bad Mothers

 Posted by on 12 June 2012 at 8:00 am  Abortion, Law, Personhood, Politics
Jun 122012
 

The NY Times recently published an lengthy article entitled The Criminalization of Bad Mothers. It examines the criminal prosecutions of women for endangering or harming their fetus due to drug use under “chemical endangerment” laws:

There have been approximately 60 chemical-endangerment prosecutions of new mothers in Alabama since 2006, the year the statute was enacted. Originally created to protect children from potentially explosive meth labs, Alabama’s chemical-endangerment law prohibits a “responsible person” from “exposing a child to an environment in which he or she . . . knowingly, recklessly or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance or drug paraphernalia.”

The law is being applied to pregnant women due to the efforts of “personhood” advocates, who seek to grant full legal rights to zygotes from the moment of fertilization.

The result is not that fetuses are magically protected from harm. Instead, pregnant women are concealing their addictions to avoid prosecution, driving across state lines to give birth, and forcibly separated from the born children who depend on them. The stories are heartbreaking — and frustratingly complicated.

That’s appalling, but it shouldn’t be surprising to anyone who has read Ari Armstrong’s and my policy paper, The ‘Personhood’ Movement Is Anti-Life.


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The Daily Show on Personhood

 Posted by on 31 May 2012 at 11:00 am  Abortion, Funny, Personhood
May 312012
 

The Daily Show mocks the “personhood” movement:

The Daily Show with Jon Stewart Mon – Thurs 11p / 10c
Bro-Choice
www.thedailyshow.com
Daily Show Full Episodes Political Humor & Satire Blog The Daily Show on Facebook

“Can I be tried for past crimes? Because, I have to tell you, I’m like Sperm Hitler.”


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Save the Welfare State!

 Posted by on 3 April 2012 at 7:00 am  Abortion, Immigration, Politics
Apr 032012
 

Kelly and Santiago Valenzuela offer a good reductio ad absurdem of the argument that immigration must be limited due to the burdens that illegal immigrants impose on us via the welfare state on Mother of Exiles:

A common argument I hear against immigration is that we don’t need a further drain on the American welfare state (i.e., health care, social security, school system, etc.) As we’ve pointed out before, the problem with the welfare state is the existence of the welfare state, but many like to claim that stopping the flow of immigration into this country will somehow help or solve the problem.

Under that logic, we should make having kids illegal. After all, every child born becomes a burden to the system, another mouth to feed, another brain to educate, another job to eventually fill. Of course this is preposterous, especially coming from a pregnant woman, but hear me out.

There are arguably 10-20 million undocumented immigrants in the country, which have accumulated over the past couple decades. By contrast, 4 million children are born each year in the US. If you want to worry about the welfare state from the standpoint of adding people to the welfare rolls, the second number is way more worrying than the first.

The next time that I hear some conservative trot out that argument, I’m going to propose — with tongue firmly planted in cheek — that a better option would be to force abortion on any pregnant women living below the poverty level. Why not?!? After all, conservatives claim that the government is entitled to massively violate the rights of peaceful, hard-working people seeking a better life for themselves, plus the rights of Americans who wish to employ or trade with them, in order to save the welfare state, which massively violates rights in and of itself. To compel poor women to have abortions would simple be a more effective way to keep those welfare payments manageable. Sure, doing so would violate rights, but clearly, that’s not something of concern to anti-immigration conservatives.

Of course, conservatives would be horrified by that argument — and that’s precisely the point. It’s never okay to violate rights, and it’s particularly vile to systematically violate rights in one way in order to be able to persist in systematically violating rights in another way. (Notably, most conservatives regard abortion as a violation of rights, which is completely wrong. Abortion is a woman’s right, and forcing her to abort is just as much a violation of rights as preventing her from doing so.)

The fact is that the argument about welfare is just a rationalization for conservative opposition to immigration. Perhaps a good reductio is just what they need to break through it.


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Mar 222012
 

The latest issue of The Objective Standard was recently posted online. In it, Ari Armstrong and I replied to a letter from Walter Hudson on our essay in defense of abortion rights. Hudson is a writer for PJ Media and the chair of Minnesota’s North Star Tea Party Patriots.

For the full story, first read Ari’s and my essay: The Assault on Abortion Rights Undermines All Our Liberties. Then read Hudson’s letter and our reply: An Objective Case Against Abortion?

Hudson’s letter begins:

The thing I most admire about Objectivism is its uncompromising affirmation of life. No other philosophy I have encountered consistently holds thriving human existence as its chief value. I was therefore disappointed to read Diana Hsieh and Ari Armstrong’s argument for an alleged right to terminate the life of the unborn (“The Assault on Abortion Rights Undermines All Our Liberties,” TOS, Winter 2011-2012).

In the interest of full disclosure, I confess that I am a Christian, and thus not an Objectivist. I nonetheless consider myself an advocate of Objectivism’s prescriptions for civil society, and I am cognizant of the necessity for objective rational argument in the craft of public policy.

Our reply begins:

Walter Hudson’s letter regarding our article neglects our central argument and relies on a faulty theory of rights.

Hudson rightly recognizes that the philosophy we subscribe to, Objectivism, entails an “uncompromising affirmation of life”; however, this must be understood in its proper context. Each individual properly acts to sustain and advance his own life, neither sacrificing himself to others nor others to himself. As concerns pregnancy, the key question is whether an embryo or fetus is a person with the same moral and legal rights as a born infant (in which case abortion is murder) or not (in which case abortion is a woman’s right).

Now… go read the whole exchange: An Objective Case Against Abortion?


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