1 Abortion

What are some of the moral issues abortion brings up? What are some of the moral issues abortion brings up? 2

How is the issues of abortion and embryonic stem cell research related? How is the issues of abortion and embryonic stem cell research related? 3

Most “extra” embryos are destroyed Most “extra” embryos are destroyed How does this relate reproductive technologies and the abortion issues? How does this relate reproductive technologies and the abortion issues? 4

Some Facts 1.5 – 1.8 Million abortion performed each year in the U.S. 200,000 in 3 rd Tri-mester Partial Birth Abortions 3%-5% for rape, incest, life of mother 97-95% for birth control 5

6 Roe v. Wade Granted women the right to have an abortion according to the tri-mester system Granted women the right to have an abortion according to the tri-mester system

7 Roe Norma McCorvey Norma McCorvey Unmarried pregnant woman denied an abortion under Texas State Law Unmarried pregnant woman denied an abortion under Texas State Law

8 Wade Henry Wade Henry Wade District Attorney of Dallas County District Attorney of Dallas County

9 Majority Opinion Justice Harry Blackmun Justice Harry Blackmun 7 to 2 Opinion 7 to 2 Opinion

10 Historical Prologue For most of the U.S. history For most of the U.S. history (Signing of Constitution – late 19 th Century (Signing of Constitution – late 19 th Century Women enjoyed greater freedom to terminate their pregnancy Women enjoyed greater freedom to terminate their pregnancy

11 3 Reasons why this changed in 19 th Century 1. Laws were product of Victorian Morality 1. Laws were product of Victorian Morality 2. Concern for abortion being medical procedure 2. Concern for abortion being medical procedure 3. Interest in protecting potential life 3. Interest in protecting potential life

12 Right to Privacy Constitution does not explicitly mention any right to privacy Constitution does not explicitly mention any right to privacy Court has recognized right of personal privacy or a guarantee of certain area or zones of privacy Court has recognized right of personal privacy or a guarantee of certain area or zones of privacy

13 Union Pacific R. Co. V. Bostford (1891) Union Pacific R. Co. V. Bostford (1891) Griswold v. Connecticut (1965) Griswold v. Connecticut (1965)

9 th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 14

15 9 th Amendment Rights not mentioned in Constitution are retained by people Rights not mentioned in Constitution are retained by people

14 th Amendment Passed by Congress June 13, Ratified July 9,

Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 17

Section 2 Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed… 18

19 “Persons” Court concluded that the word “persons” in the 14 th Amendment does not include the unborn Court concluded that the word “persons” in the 14 th Amendment does not include the unborn Court did not determine when life begins Court did not determine when life begins

14 th Amendment The right of privacy in the 14 th Amendment’s concept of personal liberty and restrictions upon state action is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy The right of privacy in the 14 th Amendment’s concept of personal liberty and restrictions upon state action is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy 20

21 Right to Privacy Court concluded that it is Court concluded that it is NOT ABSOLUTE

22 Tri-mester System

23 First Tri-mester Compelling Point: Legitimate interest in the health of the mother

24 Reasoning Abortion during this time has lower mortality rate than normal childbirth Abortion during this time has lower mortality rate than normal childbirth

25 Who Decides: Woman & Physician Woman & Physician State can only regulate who and where abortion can be performed State can only regulate who and where abortion can be performed

26 Second Tri-mester Same as First tri-mester Same as First tri-mester

27 Third Tri-mester Compelling Point: Compelling Point: State has legitimate interest in protecting potential life

28 Reasoning Viability Viability When fetus can survive outside of the mother

29 Who Decides: Woman & Physician Woman & Physician But state can regulate and even prohibit abortion except for But state can regulate and even prohibit abortion except for “Health of Woman” concerns

Doe v. Bolton 1973 Sandra Cano Sandra Cano 22 year old married woman in Georgia living in poverty 22 year old married woman in Georgia living in poverty 9 weeks pregnant 9 weeks pregnant Had 3 children Had 3 children 30

2 placed in foster homes 2 placed in foster homes Youngest placed up for adoption Youngest placed up for adoption Husband recently abandoned her, however they were now reconciled Husband recently abandoned her, however they were now reconciled She was living with her parents and their 8 children She was living with her parents and their 8 children 31

Abortion Committee of Grady Memorial Hospital in Atlanta Abortion Committee of Grady Memorial Hospital in Atlanta denied her request for a therapeutic abortion denied her request for a therapeutic abortion on the grounds that her situation did not meet their requirements on the grounds that her situation did not meet their requirements 32

33 Doe v. Boulton (1973) Defined “health concerns” Defined “health concerns”As:PhysicalEmotionalEconomicFamilial

34 Dissenting Opinion Judge Byron White Judge Byron White

35 3 Concerns 1. Abortion used as birth control 1. Abortion used as birth control 2. Abortion used as convenience 2. Abortion used as convenience 3. Federal Government’s intrusion into State’s Rights 3. Federal Government’s intrusion into State’s Rights

Planned Parenthood v. Casey Shifted from strict “health of the woman concerns” Shifted from strict “health of the woman concerns” To “not unreasonable restrictions” on abortions To “not unreasonable restrictions” on abortions 36

Current State Laws ibs/spib_OAL.pdf ibs/spib_OAL.pdf ibs/spib_OAL.pdf ibs/spib_OAL.pdf 37

Partial Birth Abortions The Partial-Birth Abortion Ban Act of 2003 enacted November 5, 2003, prohibits a form of late-term abortion that the Act calls "partial-birth abortion The Partial-Birth Abortion Ban Act of 2003 enacted November 5, 2003, prohibits a form of late-term abortion that the Act calls "partial-birth abortionlate-term abortionpartial-birth abortionlate-term abortionpartial-birth abortion Under this law, "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both." Under this law, "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both." The law was enacted in 2003, and in 2007 its constitutionality was upheld by the U.S. Supreme Court, in the case of Gonzales v. Carhart. The law was enacted in 2003, and in 2007 its constitutionality was upheld by the U.S. Supreme Court, in the case of Gonzales v. Carhart.Gonzales v. CarhartGonzales v. Carhart 38

39 Conservative Position John Noonan John Noonan New Human Life begins at the moment of conception New Human Life begins at the moment of conception

40 How do you determine the humanity of a being? Noonan considers possible answers Noonan considers possible answers

41 How about viability? Problem: Problem: Depends upon current state of technology Depends upon current state of technology

42 How about experience? Embryo experiences Embryo experiences Fetus responsive to touch after 9 weeks Fetus responsive to touch after 9 weeks What about amnesia? What about amnesia?

43 Sentiments of adults? Feelings change Feelings change Can lead to Discrimination Can lead to Discrimination

44 Member of Society ? Can lead to Can lead toRacismandDiscrimination

45 Noonan argues that this determination must be based upon inalienable human rights Noonan argues that this determination must be based upon inalienable human rights Alienable Rights Alienable Rights Rights that can be taken away from you Rights that can be taken away from you Inalienable Rights Inalienable Rights Right that can not be taken away from you Right that can not be taken away from you

46 Noonan also argues: All moral judgments must be based upon a moral distinction All moral judgments must be based upon a moral distinction A real difference in possibilities and probabilities A real difference in possibilities and probabilities Example: Murder v. Self Defense Example: Murder v. Self Defense

47 The best distinction regarding when a new human life begins is: The best distinction regarding when a new human life begins is:CONCEPTION

48 Conception All the genetic material present for new human being All the genetic material present for new human being 46 chromosomes 46 chromosomes

49 Conception Represents the greatest shift in probabilities and possibilities Represents the greatest shift in probabilities and possibilities

P __Death O __ S __ S __Graduate H.S I __ B __Birth I __ L __Viability I __ T __ Conception Y __ __ __ TIMETIMETIME 50

51 Justified Abortion? Only for Self-Defense Only for Self-Defense When the mother’s life is in danger When the mother’s life is in danger

52 Not justified for: Rape Rape Incest Incest Unwanted Pregnancy Unwanted Pregnancy

53 Principle of Double Effect Good Intended Consequences Good Intended Consequences Bad Unintended Consequences Bad Unintended Consequences

54 Liberal Position Mary Anne Warren Mary Anne Warren

55 2 Senses of Human Being / Person 1. Biological 1. Biological 2. Moral 2. Moral

56 Moral sense is most important in the abortion issue Moral sense is most important in the abortion issue Focuses on specific characteristics that define what it means to be a Focuses on specific characteristics that define what it means to be a “Human Being” “Person”

57 Moral Community The set of beings with full moral rights The set of beings with full moral rights

58 What characteristics must these beings have to possess full moral rights? The 5 Personhood Characteristics The 5 Personhood Characteristics

59 1. Consciousness Of objects and events external and/or internal to the being, and in particular the capacity to feel pain

60 2. Reasoning The developed capacity to solve new and relatively complex problems The developed capacity to solve new and relatively complex problems

61 3. Self-Motivated Activity Activity which is relatively independent of either genetic or direct external control Activity which is relatively independent of either genetic or direct external control

62 4. The Capacity to Communicate By whatever means, messages of an indefinite variety of types, that is, not just with an indefinite number of possible contents, but on indefinitely many possible topics By whatever means, messages of an indefinite variety of types, that is, not just with an indefinite number of possible contents, but on indefinitely many possible topics

63 5. The Presence of Self-Concepts Self awareness, either individual or racial, or both Self awareness, either individual or racial, or both

64 Only being with these characteristics are Only being with these characteristics are Members of the moral community Members of the moral community And have full moral rights And have full moral rights

65 Fetal Development and the Right to Life Does the fact of fetal development give the fetus a right to life? Does the fact of fetal development give the fetus a right to life? NO! NO!

66 Potential Personhood and the Right to Life Does the fact that fetuses are potential persons give them a right to life? Does the fact that fetuses are potential persons give them a right to life? NO! NO!

67 Conclusion Fetus is not a person with full moral rights, therefore abortion under any circumstances is morally permissible Fetus is not a person with full moral rights, therefore abortion under any circumstances is morally permissible

68 Postscript on Infanticide Infanticide is Not Immoral Infanticide is Not Immoral But it is Indecent But it is Indecent

69 Indecent because: 1. There are people willing to care for infants 1. There are people willing to care for infants 2. Society is will to support orphanages 2. Society is will to support orphanages

70 Moderate Position Judith Jarvis Thomson Judith Jarvis Thomson

71 Question? Granted that the fetus is a person with full moral rights from the moment of conception, Granted that the fetus is a person with full moral rights from the moment of conception, are there any circumstances where it would not be unjust to kill it? are there any circumstances where it would not be unjust to kill it?

72 Justified Abortion 1. Self-Defense 1. Self-Defense 2. Rape 2. Rape 3. Incest 3. Incest

73 Examples Society of Violin Lovers Society of Violin Lovers

Trapped in a Tiny House with a rapid Growing Child Trapped in a Tiny House with a rapid Growing Child 74

Coat Example Coat Example Smith and Jones Smith and Jones Jones takes the coat that Smith owns Jones takes the coat that Smith owns 75

Fetus dependent upon Mother Most people argue that this fact gives the mother a stronger claim over the fetus Most people argue that this fact gives the mother a stronger claim over the fetus But what about the idea that because the fetus IS DEPENDENT upon the mother this gives the fetus a stronger claim But what about the idea that because the fetus IS DEPENDENT upon the mother this gives the fetus a stronger claim 76

Burglar Example Burglar Example With Bars on Windows With Bars on Windows 77

78 Good Samaritan Continues pregnancy as result of rape, incest and if mother’s life is in danger Continues pregnancy as result of rape, incest and if mother’s life is in danger

79 Minimally Decent Samaritan Continues with pregnancy for all other reasons Continues with pregnancy for all other reasons Unwanted pregnancy Unwanted pregnancy Birth Control Birth Control

80 Right to Life The Right not to be Killed Unjustly The Right not to be Killed Unjustly Does not mean: Does not mean: The right not to be killed under any circumstances The right not to be killed under any circumstances

“Does Doctor Know Best?” Google: “Ethics in America” Google: “Ethics in America” The first entry: The first entry: Resource: Ethics in America - Learner Resource: Ethics in America - Learner Click the (VoD )box on far right “Does Doctor Know Best?” Click again on next screen Video will come up 81