Abortion

1. Abortion

2. The abortion issue is centered on the time when human life begins. In essence, the theory is that once human life has begun the taking of it (by abortion) is impermissible whereas an abortion may be permissible if it can be carried out before life begins.

3. I. Arguments for Pro-Choice Position • Early Fetuses are Human person • Assumption that fetuses are human persons • The argument is that fetuses having the right to life does not imply that fetuses have the right to all assistance necessary for living. • Little “Where I am still in process of saving-or-sustaining or enabling-your life, and that life cannot be thusly saved or sustained by anyone else, ending that assistance, even by active means, does not violate your right to life.”

4. Argument from the Risks and Burdens of Pregnancy and Motherhood • Pregnancy is worthy of special deference by the affected females. • The proper way to value the relationship of motherhood and the bodily connection of pregnancy is to view them as intimacies deserving special deferrence. • The idea here is that choosing to not terminate one’s pregnancy is a morally praiseworthy action, but not one which is morally required.

5. II. Objections to Pro-Choice Position • Abortion is an act in which a human person is murdered. • Response – fetuses are far removed from the notion of being a person • The early fetus should be regarded as a human person and therefore as a rights-holder. • Response – later fetuses are self-aware therefore indicative of personhood • Early fetuses even if understood to be less than a matured person is worthy of our respect. • Response – early fetus is only human life by virtue of the trajectory of its development. Nothing intrinsic.

6. III. Arguments for Pro-Life Position • The unborn entity, from the moment of conception is a full fledged member of the human community. Therefore, every successful abortion is morally wrong. • Objection – the human person demands our respect and that comes with self-awareness. • Response – human persons are human organisms not consciousness. (ex. Acts of seeing)

7. Argument from Rawls’ A Theory of Justice • Society should be structured in such a way that the state “universally extends fundamental human and political rights to” fetuses, and”…the just state will ensure equality of opportunity, by which” fetuses “are free to advance themselves in society. • Think of fairness and justice and the right to life – a class of citizens is threatened and no just society could practice the elimination of such group

8. IV. Objections to Pro-Life Position • The dangers of illegal abortions • Economic Inequity • Unwanted Children • Children with severe disabilities • Rape • Social Risk

9. Roe v. Wade • Jane Roe became pregnant as a result of a gang rape (later to be found as false) • Texas law allowed abortion for saving mother’s life. • Roe’s pregnancy was not life-threatening, she sued the state of Texas • Texas law was declared unconstitutional • January 22, 1973, Supreme Court ruled the law unconstitutional and all states must allow abortions • The law allows an abortion during first six months for any reason • Roe was to be seen as limited freedom

10. Roe is based on faulty reasoning – the Court wrongly stated the anti-abortion laws of the 1800’s were designed to protect the mothers, not their offspring. The opposite was true. • Roe was not neutral on when life begins. The Court said it did not know when life begins, but then allowed abortion through all nine months. • The court embraced positive rights over natural rights • Natural – rights you have by virtue of your humanity • Positive – rights your earn through age or accomplishment. Government grants these rights. • The court’s reasoning undermined abortion rights. If it doesn’t know when life begins then it cannot know when the right to abortion begins

11. V. 5 Things You Didn’t Know about “Jane Roe.” • The name “Jane Roe” was created over beer and pizza. • Norma 21, divorced, pregnant for third time sought an abortion but discovered it illegal • Sarah Weddington, lawyer, was looking for class-action lawsuit • Jane Roe didn’t know the meaning of “abortion.” • Roe was told abortion just deal with tissue • Believed abortion was preventing a child from coming into existence • Jane Roe never appeared in court • Jane Roe never had an abortion • Gave birth and placed baby up for adoption • Jane Roe became pro-life • While working at a clinic encountered a 7 year old girl who had almost been aborted • Through the friendship became a Christian and pro-life advocate