My recent post on the Rally for Life in Aberdeen disturbed several persons whose opinions I take very seriously. The part that got me into trouble was this:
I regard myself as moderately pro-life. I think abortion should
certainly be prohibited in the last trimester of pregnancy, but allowed
in the first trimester (we can quibble about the middle).
One reader from California, a former student of mine, sent me this:
I just finished reading your blog on the pro-life rally. It needs a sequel!
Why would you allow abortion in the first, but not the last trimester?
Viability? Evidence found in emanations from a penumbra?
Okay, that hurts. I beg our readers to forgive me for the silly way that I wrote those sentences. I apologize for such flippant language. Allow me to express my views more carefully.
On such matters, my great teacher is Abraham Lincoln. Lincoln believed that slavery was everywhere and always wrong, because it violates the principle of our "ancient faith." That principle is that all human beings are created equal, in so far as they enjoy certain inalienable rights. Among these is the right to life. For the same reason that Lincoln hated slavery, I hate abortion. My reasoning is this: the embryo, at every stage of development, is a distinct, living being. This is simple biology. And it is not a bovine being, or a canine being, but a human being. So if all human beings are indeed created equal in being endowed with a right to life, then the unborn human being has as much right to life as I do. That is simple logic. It follows that abortion is everywhere and always wrong.
To that argument, which I have believed for a long time, I would add this bit of experience. When my daughter was about twenty weeks into the adventure of life, I was privileged to see her by means of a sonogram. She bounced around her enclosure like someone playing racket ball. That was my little girl, as vulnerable and alive as when she first began asking single word questions like "doing?" and "happen?". To have ended her life at that point would have been infanticide. Anyone who disagrees, I suppose, is suffering from a terrible moral confusion. I concede that at very early stages of development, the first few weeks, the truth is harder to see. But I believe the logic is inescapable: a human being is a human being, and all human beings are created equal.
I return to Lincoln. Much as he hated slavery, he was willing to accept that institution in half of the existing states, so long as slavery was contained there. He did so for two reasons. First, he believed, rightly, that the Constitution protected slavery in the Southern states, and he could not move against it (prior to secession) without acting in a lawless manner. Second, if he had not taken that moderate position, he could not have been elected. Instead, Stephen Douglas would have been President, and the country would have officially adopted a position of indifference to slavery. That would have meant the end to the republic based on the principles of the Declaration. So Lincoln accepted a hateful compromise. Fortunately for us, the South refused to accept it, and so slavery came to an end.
Just right now, the abolition of abortion in America is not a possibility. I hope, and fervently pray, that it one day will be. For thirty years the Pro-Life movement has insisted on an end to all abortions, but has made only the most incremental progress. Only when they were willing to settle for less, say a one day waiting period, have they actually saved any unborn children.
I believe that a compromise might be possible that would gather majority support and might pass Supreme Court review. Such a compromise would allow abortions in the first trimester and forbid all abortions in the third trimester. In the second trimester, abortion would be allowed only if the life of the mother were at stake. Such a compromise falls far short of what justice demands. But it would save thousands or tens of thousands of lives. I am not optimistic about the chances of such a proposal. But if the Pro life movement put its weight behind this, it would have a ghost of a chance. More importantly, it would build on the Roe framework, and would allow the Supreme Court to accept it without confessing that the Court had changed its mind. It would also make it possible for the backers to cast their opponents as extremists, and that is a winning card in American politics.
Best of all, it would establish the constitutional person-hood of at least some of the unborn. That would represent great progress on this issue, and it could be expanded to cover more of the unborn in the future. These are the reasons, and the only reasons, I advocate such a compromise.
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