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By what standard should we judge right and wrong in the case of abortion? According to some, it is unfortunate that not everything that is immoral is illegal. But, there is disagreement among rational people as to what is moral and immoral. And, should we make what we may believe to be immoral also illegal? The ConstitutionAlthough the Constitution uses the word, it does not define "person" in so many words. Section 1 of the Fourteenth Amendment contains three references to "person." The first, in defining "citizens," speaks of "persons born or naturalized in the United States." The word also appears both in the Due Process Clause and in the Equal Protection Clause. "Person" is used in other places in the Constitution:
But in nearly all these instances, the use of the word is such that it has application only postnatally. None indicates, with any assurance, that it has any possible pre-natal application. [410 U.S. 113, 158] In fact, the Constitution does not define what is morally right or wrong. Rather, it establishes limits on what areas of human conduct are appropriate for the making of Federal laws. The "Bill of Rights" specifically sets forth areas of conduct for which government is prohibited from taking regulatory action. Although the question of when life begins existed long before the writing of the Constitution, the founding fathers sidestepped the issue. When Life BeginsMost arguments about when life begins revolve around religious issues. Physical or biological facts appear to be secondary to the more subjective issues surrounding the "ensoulment" of the fetus, indicating when the fetus becomes a living human being.Life Begins at ConceptionThe unique code, DNA, that identifies an individual human being can be found in the fetus. This code remains unchanged throughout life. Others may argue that this code remains constant even in death, and thus is not an indicator of when life begins or ends. Life begins at conception is the official view of the Catholic Church and is held by many non-Catholics. Life Begins Some Time After Conception
Life Begins at ViabilityLife Begins at BirthNo easy resolution of these positions seems possible. Opinions are largely polarized. Many who take one position consider those who take other positions as evil. Many who hold that human life begins at conception view abortion clinics as the equivalent of Nazi death camps. StudiesPublic opinion is hard to quantify. Survey results strongly depend on the exact wording of questions as well as the order in which various survey questions are asked. The most detailed Gallup poll ever done, by James Davison Hunter and Carl Bowman, indicates that 80% of adults believe abortion involves the destruction of a human life. Even so, most surveys indicate that women should have some access to abortion in at least the first trimester. Most say that abortion is always regrettable, but is a necessary evil.Several extensive studies have been done to determine why women have abortions. One 1988 survey
by the Alan Guttmacher Institute interviewed 1,900 women about to have an abortion. Planned
Parenthood reported the results in Family Planning Perspectives, July/August 1988. Women give
the following as the main reasons for their choosing abortion:
It is clear than the major arguments for abortion, health of mother, deformed children, and rape or incest amount to at most 7% of abortions. The vast majority, 93%, are for social reasons. When should abortions be legal? A poll conducted by the Wirthlin Group in November 1993 used the following question with the following results: Many people are interested in what the public thinks about abortion and the law.
I am going to read seven statements and I'd like you to tell me which one most closely reflects
your views on when abortion should be legal.
From the survey, 31% of the people believe abortions should be legal for any reason, some with reservations about the length of pregnancy. Two-thirds (67%) would restrict abortions for cause, including rape, incest, health or life of the mother, or never approve abortions. From these two surveys, it appears that 67% of the people (two-thirds) believe that only at most 7% of abortions should be legal and that 93% of abortions should be illegal. Alternatives to AbortionIf 97% of abortions are for social reasons, then women in these situations need to be reached before they contact abortion clinics whose primary purpose is to "sell" abortions. This should be done through print media, radio, TV, and the schools. In the same way that the Federal government supports and sponsors recreational sex among our teens and abortion clinics after the inevitable, we must insist that the government support concepts such as abstinence until marriage, and support counciling, and safe delivery options. Outlets for these services already exist. There are over 3,000 Crisis Pregnancy Centers in the U.S. that are ready to help women
facing uncertainty over their situation.
In addition to providing pregnancy
tests and counseling, these centers often offer a full range of services, helping women obtain housing, maternity
and baby clothes, baby equipment, pre- and post-natal medical care, legal assistance and financial support,
information about adoption, and even advice on how a woman in school can continue her education.
PositionNo provision of the Constitution allows Congress, or any other branch of government, to fund social abortions. The Federal government must cease it's non-Constitutional actions of funding social abortions. On the other hand, no provision of the Constitution allows Congress to prevent abortions. This is a matter for the states or the people. Nearly everyone would agree that a baby with its head protruding from the mother is a living person. We must work to prohibit the killing of partially born babies. In addition to preventing the killing of almost born babies, we must also prevent the deliberate killing of our elderly by medical means. Indeed, we must:
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