Abortion Rae, Moral Choices, ch. 5

Legal Background Roe v. Wade (1973) –A woman has a constitutional right to an abortion. Abortion “on demand” during first trimester States may regulate/limit after first trimester –Except in cases to preserve life or health of mother Doe v. Bolton (1973) –Expanded what was meant by preserve life or health of mother. Included mental health of mother—or her family.

Planned Parenthood v. Danforth (1977) –Permission of spouse or parent of a minor child is not required. Webster v. Reproductive Health Services (1989) –The state is not obligated to pay for abortions for women who cannot afford them. Planned Parenthood v. Casey (1992) –Upheld the 24 hour waiting period

Abortion Clock

Relevant Biblical Teaching The relevance of biblical teaching is based on the perspective that the unborn child is a person beginning with conception. Jeremiah 1:5 –Before I formed you in the womb I knew you, before you were born I set you apart; I appointed you as a prophet to the nations. Isaiah 49:1 –Before I was born the Lord called me; from my birth he has made mention of my name.

Psalm 139:13-16 –You formed my inward parts; you knit me together in my mother’s womb.... There is much debate over whether these passages are to be taken metaphorically or literally.

Arguments in Support of Abortion “A woman has the right to do with her body whatever she chooses.” –It is her body, therefore her choice. –Is our right over our body really absolute? –Is the fetus part of the woman’s body, or another person forming within her body? –This argument confuses the fetus living inside the woman with being part of her.

“If abortion becomes illegal, we’ll return to the dangerous days of the back-alley butchers.” “Forcing women, especially poor ones, to continue their pregnancies will create overwhelming financial hardship.” “Society should not force women to bring unwanted children into the world.”

“Society should not force women to bring severely handicapped children into the world.” “Society should not force women who are pregnant from rape or incest to continue their pregnancies.” “Restrictive abortion laws discriminate against poor women.”

Argument Against Abortion The primary argument against abortion is that it is killing a human being. –Not all agree on when life actually begins, but opponents of abortion generally agree that life begins at conception.

The personhood of the fetus –At what point does the fetus possess personhood? Most common suggestion – viability –The point at which the fetus is able to live on its own outside the womb – weeks – but different in each situation –Technology is causing this to be earlier and earlier. Brain development –The point at which the brain begins to function. –45 days

Sentience –The point at which the fetus is capable of experiencing sensations. Quickening –The first time the mother feels the fetus move. Birth Implantation –Attachment of the fertilized egg to the uterine lining. This usually occurs about five days after ovulation. Conception –The sperm fertilizing the egg.

Even if one accepts that life begins at conception, the question remains whether it is ever justifiable to end an innocent life. It is interesting that when one causes the death of an unborn child, there are serious legal implications. Over 20 states have passed “fetal homicide” laws that penalize actions against a woman that result in the death of, or harm to, her unborn child.

2004 – the Unborn Victims of Violence Act was signed into law Legally, the mother may end the life of the unborn child, but if someone else causes death or injury to the unborn child, they are liable.

Whose rights should prevail? –Mother’s? –Unborn child’s? Do circumstances change anything? –Generally, the infant’s rights prevail. The mother watches her health more carefully. Careful about diet, medications, alcohol, etc. –Special circumstances? Health of the mother/ Rape? Etc.