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Is There a Moral Right to Abortion?

The tragedy of an unwanted pregnancy that threatens a woman's life or health
existed in the ancient world as it does today. At the time the Bible was written,
abortion was widely practiced in spite of heavy penalties. The Hebrew
scriptures had no laws forbidding abortion. This was chiefly because the
Hebrews placed a higher value on women than did their neighbors. There are,
however, some references to the termination of pregnancy. Exod. 21:22-25
says that if a pregnant woman has a miscarriage as a result of injuries she
receives during a fight between two men, the penalty for the loss of the fetus is
a fine; if the woman is killed, the penalty is "life for life." It is obvious from this
passage that men whose fighting had caused a woman to miscarry were not
regarded as murderers because they had not killed the woman. The woman,
undeniably, had greater moral and religious worth than did the fetus. A
reference in the Mosaic law which is found in, Num. 5:11-31 indicates that if a
husband suspects his wife is pregnant by another man, the "husband shall bring
his wife to the priest," who shall mix a drink intended to make her confess or be
threatened with termination of her pregnancy if she has been unfaithful to her
husband. Aside from these passages, the Bible does not deal with the subject
of abortion. Although both Testaments generally criticize the practices of the
Hebrews' neighbors, such as idol worship and prostitution, as well as various
immoral acts committed in their own land, there is no condemnation or
prohibition of abortion anywhere in the Bible in spite of the fact that techniques
for inducing abortion had been developed and were widely used by the time of
the New Testament. A key question in the abortion controversy is, "When does
human life begin?' The Bible's clear answer is that human life begins at birth,
with the first breath. In Gen. 2:7, God "breathed into his nostrils the breath of
life and man became a living being" (in some translations, "a living soul"). The
Hebrew word for human being or living person is nephesh, which is also the
word for "breathing." Nephesh occurs hundreds of times in the Bible as the
identifying factor in human life. This is consistent with the opinion of modem
medical science. A group of 167 distinguished scientists and physicians told the
Supreme Court in 1989 that "the most important determinant of viability is lung
development," and that viability is not achieved significantly earlier than at
twenty-four weeks of gestation because critical organs, "particularly the lungs
and kidneys, do not mature before that time."(1) In the scriptures the
Incarnation, or "the Word made flesh," was celebrated at the time of Jesus'
birth, not at a speculative time of conception. We follow the biblical tradition
today by counting age from the date of birth rather than from conception, a
date people do not know or seek to estimate. The state issues birth certificates,
not conception certificates. Fifty-one percent of all abortions in the United
States occur before the 8th week of pregnancy; more than 91 percent occur
before the 12th week (in the first trimester); and more than 99 percent occur
before 20 weeks, which is about 4 weeks before the time of viability (when 10
to 15 percent of fetuses can be saved by intensive care). In such cases of early
abortion there is no fetal neocortex, and hence no pain. However, every
termination of potential human life presents a moral problem and can be
justified only by the damage to living persons that may result from an
unacceptable pregnancy. Contraception (birth control), the practice of which
can greatly reduce the number of abortions, involves the prevention of
conception, ovulation, or implantation in the uterus. The Vatican's position that
all sexual activity must allow the possibility of procreation has led the
antiabortion movement to be silent about contraception as a way to prevent the
need for abortion. Those who claim that a human being exists at conception are
guilty of prolepsis, a term defined in Webster's Dictionary as "an anticipating,
especially the describing of an event as if it had already happened."(2) This
type of anticipation is being practiced by those who speak of the few cells that
after conception, or a fetus in the early trimesters as "a baby" or "an unbom
child." Some years ago at a meeting of the American Society of Christian
Ethics, a workshop was confronted with the case of a 3-year-old child and an
18-week fetus, both with a dread disease for which there was only one
injection of medicine in Chicago. The Chicago airports had been shut down by
a blizzard, preventing the doctors from obtaining more of the medicine. We
unanimously concluded that the child should get the injection. The moral
difference is that the child is among us in a way that the fetus is not. The
child's claim is based on relationship, rather than on a legal point of birth.
Although the Roman Catholic hierarchy strongly opposes intentional abortion, in
practice it sometimes recognizes the priority of the woman over the fetus, as is
evident in the following excerpt from a U.S. Catholic Conference publication:
Operations, treatments and medications, which do not directly intend
termination of pregnancy but which have as their purpose the cure of a
proportionately serious pathological condition of the mother, are permitted when
they cannot be safely postponed until the fetus is viable, even though they may
or will result in the death of the fetus. (3) The Roman Catholic church argues
that in this situation, although the death of the fetus is foreseen, it is not
intended, because the intention is to preserve the health and the life of the
woman. Is it not reasonable to assert that the intention of most women who
choose abortion is to preserve their health and well-being, not to "kill" the fetus,
although its death may be foreseen? In such situations, the fetus does not have
equal value with the mother, and allowing the fetus to be lost is not the same as
permitting the woman carrying the fetus to die or otherwise suffer. Judaism
generally views the fetus as a part of its mother. Just as a person may choose
to sacrifice a limb or organ to be cured of a malady, so may the fetus be
removed for the sake of the pregnant woman. Isaac Klein, a 20th-century
conservative rabbi, elaborated on a ruling of Maimonides against a "pursuer"
that is comparable to the law of self-defense: "Since the child causing a difficult
birth and threatening the woman's life is regarded as one pursuing her and
trying to kill her it may rightly be aborted." Neither Anglo-Saxon law nor the
U.S. Constitution has ever given a fetus the same legal status as a woman.
Until a baby is born there is only a potential person. When abortion was illegal,
it was reviewed as a felony rather than a homicide. The fetus has always been
a potential rather than an actual person.(4) What right does a woman have to
an abortion? One answer is that the right of living persons takes precedence
over any rights of potential persons, just as immediate or present needs take
precedence over future or potential needs. This question can also be restated:
What right does anyone have to impose mandatory pregnancy on a woman?
The ethical question is not whether abortion can be justified, but whether we
focus on an embryo or fetus as the object of value or whether we focus on the
woman as a moral agent who must have freedom of choice. When Moses
asked God his name, God said, "I am who I am," or, in the future tense, "I will
be who I will be." God is a free moral being whose actions are not determined
by cause and effect. Humans made in the image of God are likewise moral
beings precisely because they engage in free choice in all of their decisions. A
passage in Genesis describes humans as moral decision makers who, like God,
know the difference between good and evil. Of all the animals in the Garden of
Eden only one, the human being, was free to make choices. Humans were
given the ability to choose between good and evil and, of course, the
responsibility to face the consequences of their choices. In the New
Testament, there is an emphasis on the priesthood of all believers: "You are a
chosen race, a royal priesthood, a holy nation, God's own people" (1 Pet 2:9).
Each believer has direct access to God and has the ability to know and do
God's revealed will. We are not bound by any natural law derived from Greek
philosophy; neither are we bound by the ancient Jewish law or by any other
legalism handed down by any religious or spiritual leader. When Jesus said,
"Man was not made for the Sabbath, the Sabbath was made for man" (Mark
2:27), he struck at the heart of legalism, or the imposition of rules for their own
sake. The Bible tells us that we live by grace. This. means that God acts within
human beings to set us free and to enable us to assume responsibility for
ourselves, our environment,. and our future. If we make wrong choices, God's
grace is available as judgment and forgiveness. Humans, by the grace of God,
have developed medicine, surgery, and psychiatry to prolong and enhance life.
These same medical approaches can be chosen to prolong or enhance the life
of a woman for whom a specific birth would be dangerous. Catholic and
Protestant doctrines differ in, among other things, the degree to which they are
legalistic. The Catholic church would have us all obey the rules formulated by
the Vatican, but Protestants believe that we are free by grace and justified by
faith. The phrase "the sacredness of life" means one thing to Catholic
bishops--that the life of the fetus is all-important--but to most Protestants and
many others it means that there is a presumptive right to life that is not absolute
but is conditioned by the claims of others. For us the right to life and the
sacredness of life mean that there should be no absolute or unbreakable rules
that take precedence over the lives of existing human persons. The pro-life
position is really a pro-fetus position, and the pro-choice position is really
pro-woman. Those who take the pro-fetus position define the woman in
relation to the fetus. They assert the rights of the fetus over the right of the
woman to be a moral agent or decision maker with respect to her life, health,
and family security. The second doctrinal issue in both the abortion and
birth-control controversies is who is to have the power to control
procreation--women, in consultation with their partners and their physicians, or
the church. The historic natural-law position of the Catholic Church was
concerned not about feticide, but about the sin of sexuality if it interfered with
procreation, as contraception and abortion do. The Pope and the bishops have
been unable to persuade women to accept control by the church over their
sexuality; their only hope for asserting that control is to persuade the state
through political power to make a church sin into a secular crime. The low
view of women that keeps them from being ordained and insists that their
proper role is that of mother is not simply Catholic theology but fundamentalist
political ideology, which is also anti-woman. The key term in the controversy is
not simply "pro-life," but "pro-family," in which "family" is always defined as a
patriarchal family. The Supreme Court in its Roe v. Wade decision did not hold
that women have a constitutional right to an abortion; it held that they have a
constitutional right of privacy that permits them and their physicians to make
decisions "including a woman's qualified tight to terminate her pregnancy." The
Court also held that during the last three months of pregnancy, the state, "in
promoting its interest in the potentiality of human life, may, if it chooses,
regulate, and even proscribe, abortion, except where necessary, in appropriate
medical judgment, for the preservation of the life or health of the mother." The
right of privacy is the night to make personal choices without governmental
supervision or dictation. The government exists to serve the people, not to
dominate them. The government should not force women to bear children, to
remain at home, to relinquish their careers, to accept welfare as the price of
not working, or to be subjected to a higher mortality rate from coerced
childbirth. Both the woman and her physician have the right to choose
appropriate medical procedures for the health of the patient without
government's dictating that one medical procedure is forbidden regardless of
the consequence to the woman. In answering the question, Is there a moral
right to abortion? If I am walking along the bank of a river and someone who
cannot swim falls or jumps in, it could be argued that I ought also to jump in to
rescue the drowning person, even if my own life is thereby endangered. But
the person who jumps or falls in cannot claim that I must jump in because that
person has a right to life. The mere fact that rescuing another would be a
virtuous choice does not give that other person a right to decide my actions.
The common-law rule is that we have no duty to save the life of another
person unless we voluntarily undertake such an obligation, as a lifeguard does
in contracting to save lives at a beach or swimming pool. Neither is there a
biblical mandate that each of us is morally required to risk our lives to save the
life of another. Jesus considered it highly exceptional and evidence of great
love if "a man lay down his life for his friends" (John 15:13). No one who has
not willingly contracted to do so is legally or morally required to give his or her
life, or to make large sacrifices of health or money, to save the life of another
person. Even an identical twin is not legally required to donate a kidney or
blood to save a sibling's life. The virtue of the Good Samaritan lay precisely in
his doing something he was not obligated to do. No woman should be required
to give up her life, her health, or her family's security to save the life of a fetus
that is threatening her well-being. At the very least she is entitled to
self-defense. On the other hand, many women are willing to sacrifice their
health and their future in order to have one or more children. The religious
community that respects the freedom of women to make such a choice must
respect equally their freedom to choose not to bear a child. Laws cannot
eliminate abortions. In Romania under Ceausescu, the Communist secret Police
checked monthly on all female workers under the age of 45 and monitored
pregnant women; yet Romania outranked virtually all other European nations in
rates of abortion and abortion-related female deaths.(5) In Brazil, where
abortion is illegal, there are twice as many abortions as in the United States,
although Brazil's population is only half that of the United States. In Latin
America, illegal abortion is the number-one killer of women between the ages
of 15 and 39.(6) By contrast, in countries where abortion is legal, it is a
medically safe procedure--11 times safer than childbirth. The Cook County
Hospital in Chicago, prior to the Supreme Court's decision legalizing abortion,
admitted about 4,000 women each year for medical care following illegal
abortions. After the decision, the hospital admitted fewer than five such Cases
a month.(7) Rather than pursuing laws banning abortion, which I believe would
be as effective as passing laws against earthquakes, we should direct our
energies toward reducing the need for the procedure. Supporters and
opponents of legal abortion alike would agree that reducing the need for
abortion, and thus the number of abortions performed, is a worthy goal. Women
do not engage in sexual intercourse or become, pregnant in order to have
abortions. Some women become pregnant unintentionally because of a lack of
sex education. Increasing the availability of birth control information and
contraceptives is a possible response to this problem. Then there is the problem
of contraceptive failure. The failure rate of barrier methods is in the 10 to 15
percent range, and of birth control pills 1 to 4 percent Until a contraceptive that
is 100 percent effective is developed and made widely available, we must
provide support for victims of contraceptive failure. For some women,
particularly those close to the poverty line who would be financially unable to
care for an additional child without jeopardizing the very existence of their
families, an unexpected pregnancy can be devastating. Free day care centers
for children of working mothers, or a guaranteed annual income such as Milton
Friedman and former senator Barry Goldwater once proposed, would remove
some of the economic reasons for seeking abortions. Another way the number
of abortions could be reduced would be for society to provide ample facilities
for the care of children with severe birth defects at no cost to the parents. For
families unprepared or unable to devote the vast emotional and financial
resources necessary to care for a severely handicapped child, such a program
would present a compassionate and realistic alternative to abortion. Finally, we
must face the horrendous problems presented by rape and incest, both of which
induce great suffering among their victims. The responsibility of men in sexual
relationships must be stressed in the home, in schools, in our churches, and in
our legal system. Our society must undertake strong educational and
enforcement measures to reduce the tragedies of rape and incest and ensure
the safety and dignity of American women. Many Christians are quick to
condemn what they believe is immorality in others. Such people should be
reminded that men and women sometimes find themselves caught in situations
that they feel leave them no choice, and that we all need understanding,
forgiveness, and compassion. All too often a young, physically and
psychologically vulnerable woman must bear the entire cal, social, emotional,
and financial cost of birth while the father of the child assumes no
responsibility. A young woman in those circumstances needs the acceptance,
love, and compassion of her parents, her pastor, and her community. In the
story of the woman who was about to be stoned because she had been caught
in the act of adultery, Jesus expressed compassion and understanding when he
said to the men, "Let him who is without sin cast the first stone," and to the
woman, "Neither do I condemn you." Jesus was always more critical of sins of
the spirit than sins of the flesh. That is why he spoke so compassionately to this
woman, but so strongly to the self-righteous, legalistic men. All of us who
discuss ethics must learn from Jesus that it is not laws that make people good,
but love, education, active concern for are others, arid forgiveness when others
found wanting.






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