Chip, Chip, Chip...
R. Alex Whitlock
Slate's Dahlia Lithwick sees nefarious motives in pro-life proposals (such as third-trimester bans and parental notification/consent) that would cut down on abortion. She believes, get this, that conservatives are proposing these things because they want to, get this, cut down on the number of abortions.

Well duh.

Pro-lifers do not want any abortions. This much is clear. However, that does not make limited proposals inherently dishonest. In fact, the public at large wants to limit these abortions, so why would the conservatives try to hide it?

To pick a liberal cause, let's take the death penalty. Capital punishment opponents do not want there to be capital punishment . If this sentence sounds redundent to you, proposals to curb certain kinds of abortions having the nefarious effect of cutting down on certain kinds of abortions seems equally so to me. However, to use Dahlia's logic, opponents of capital punishment trying to ban the executions of the mentally handicapped are a covert attempt to cut down on the number of executions. Well no kidding. Take the total number of people executed, subtract the mentally handicapped, and (assuming that there is at least one mentally handicapped individual being executed), the result will be less than the number of people originally scheduled to be executed.

The same is quite true for abortion. Take all of the abortions out there, subtract third-term abortions and those abortions averted due to parental notification/consent, and you will have less abortions than you would if you did not subtract third-terms and adolescent abortions (assuming, of course, that the subtracted value is greater than zero).

But, the question is, are these groups being dishonest by not stating that the goal is reduced overall abortions? Only if (a) that's what they were actually saying, and (b) they didn't have a particular interest in trying to target the specific abortions/executions that they are targetting. While I have no doubt that some opponents of abortion and capital punishment may be saying that this has nothing to do with limiting the number of abortions and executions, that's not typically the argument they put forward. But just as importantly, not all executions and not all abortions are created equal.

Let's start with executions. All executions may be bad, but most would admit that some are worse than others. There's a reason that they were out in full-force over Karla Faye Tucker and not Tim McVeigh. Similarly, a mentally handicapped individual is particularly undeserving of capital punishment because they are less likely to have been able to think through the consequences before they committed the crime. Their minds are less able to compute cause-and-effect. Therefore, even though they aren't winning the war, the smaller victories in battle remain gratifying. They may not be able to stop a serial killer from getting the needle, but they can stop someone that may not have entirely known what they were doing. That's an achievement.

The same is true with abortion. While there are those that believe that all abortion is murder, most draw distinctions. There is, for instance, the exception trifecta of rape, incest, and mortality. Similarly, third-trimester abortions are considered particularly heinus. A staggering majority of the public agrees with them on this matter. That doesn't make them correct, necessarily, but to suggest that 80% of the public is hoodwinked into seeing a distinction where absolutely none exists is not the argument of someone trying to influence public opinion. Let's put it this way, whatever unspoken doubts pro-life people may have about an implanted egg, they most assuredly to not have about an 30-plus week baby that is probably viable outside the womb.

Parental consent/notification is a tricker subject. Parental consent is an effort to limit abortions the same way that requiring parental consent for piercings (an example put forth by Ms. Lithwick) is an effort to cut down on piercings. In fact, I have never heard any other rationale. The number of kids that would like piercings minus the number that have parents that would not consent is going to be less than the number that wants them so long as the number of objecting parents is greater than zero. So yes, giving parents veto power over something like that is an effort to say that a kid is not equipped to make decisions about piercings is also not equipped to make decisions about terminating pregnancy and an effort to give those parents that do not want it to happen the power to make it not happen. You may not agree with those ends, but they're pretty straightforward.

Lithwick's best argument is for parental notification. Notification is not entirely an attempt to "open communication" between parents and children, but that was never the ends that was always the means. There are two ways in which this can present pregnancy: First, it gives the parents a chance to try to convince the daughter not to have an abortion. There is a basic argument that a parent ought to have the right to have input on such a large decision. You may disagree with that argument, but it's there and it's genuine. But secondly and I think more importantly, it means that they cannot simply make the problem "go away" by having an abortion. They can make the fetus go away, of course, but the notion of having an abortion to keep their sexual activity secret (as opposed to adoption, where it could not remain one) becomes a non-issue. This is, in the eyes of conservative Christians, a way to prevent an impressionable youngster from trying to make two wrongs (premarital sex and abortion) make a right (not disrupting the family).

Now there is a very strong counterargument that a young woman is equipped to make these decisions without the input of a parent. There is also an argument that they have the right to have an abortion simply to keep their sexual activity hush-hush, if they choose. There is also an argument that such cases are rare and poor cases to derive law from. But these arguments strike at the very core of the debate that Lithwick is saying is irrelevent to pro-lifers (the autonomy of youngsters).

For both sides, autonomy of the young is a battlefield, but abortion is the map. On the subject of parental notification, pro-choicers believe that the right to an abortion supercedes the right of a parent's control (or notification) of health care (a control they have in most other matters). Pro-lifers, on the other hand, believe that since abortion is too big and too important for an exception to be made in favor of those that might make an immoral decision for the wrong reasons. I'm hard-pressed to say that either side is being disingenuous -- except when they try to pretend that their side always discusses the issue with more honor and honesty than the other.

--As most of you know, I'm personally opposed to both abortion and the death penalty. As such, it is pretty easy for me to make the case that chipping away at something that you can't get rid of is not a dishonest tactic. That said, I'm actually pretty ambivalent on most of the "chips" above (with the except of third-trimester abortions). I think mental retardation is too big a loophole and that it could make the executioning system even more unfair than it already is. As for parental notification and consent, it's hard for me to get too riled up. There are, from time to time, very legitimate reasons to keep parents in the dark and I'm not very excited about the prospect of handing that kind of power over to a judge. Especially in the case of notification, where there is little the parent can do about it anyway. But bearing these things in mind, I find the arguments in favor of singling out particular kinds of executions and abortions to be too strong to be dismissed as disingenuous or dishonest, even if I do not myself find the arguments sufficiently persuasive for me to change my position.

Posted to Sex and Consequences
 
 

Observations

 
MIKE wrote:
I wonder: does Dahlia Lithwick think that laws making for harsher punishments for assaulting police officers are anything but intended to reduce the number of people who fight against police with the intent to injure them?

Would she further argue it is disingenuous to do so?
8/17/2005
 
Guest wrote:
I agree with the gist of your post, but it seems that you are cutting her argument so thin as to leave little but a straw man. Correct me if I'm wrong, but I believe the thrust of Ms. Lithwick's argument is that conservatives are supporting these statutes not only to chip away at overall abortion rates (as you mention) but also that their method of chipping is to attack physicians and judges, who have previously been empowered to oversee the process of teen abortion decision-making, as unscrupulous. It strikes me that her point is less about the taking away of a teen's decision-making authority, than it is about whose hands that authority is placed into--the parents (and arguably, according to her, the legislators) or, as was previously the case, physicians and/or judges. Ms. Lithwick does not appear to be arguing for teen autonomy (at least not absolutely), but for the possibility of outside (outside the family) intervention, via physician or court.
8/19/2005
 
RAW wrote:
Thanks for stopping by.

I consider the judge/physician thing to be about as obvious as the less abortions thing. They don't want judges and physicians to abuse the loophole for ideological reasons. Some judges and doctors would because they don't believe a woman's right to choose should be limited just because she happens to be 17 1/2 just as many doctors who could refuse to perform abortions and some judges would neglect the law to "save a life."

Pro-choicers don't want judges involved at all, for the most part, because they don't want parental notification/consent laws that would involve them. Is that dishonest? No, it's a means towards an end (the ends being the availability of abortions to those that desire or need them), just as it is with the pro-life camp.
8/19/2005
 
Gary Farber wrote:
"There is, for instance, the exception trifecta of rape, incest, and mortality."

I've never understood this in the least. If it's all aboutbabykilling, why on earth should babies, as above, still be killed? I completely don't get it. You're fricking killing babies, is the assumption. (Of course, I don't buy that for a minute, but anyway.) So what's up with the defending of the babykilling? I mean, you're in favor of <i>killing babies</i>.
8/20/2005
 
RAW wrote:
The life of the mother actually makes sense in the "justifiable homicide"... take a life to save one. As for rape and incest, there are those that don't make the exceptions there, but outside of that I think that it's an implicit admission that they do not actually view the fetus as a baby or that they're not sure enough to make a rape victim give berth to her perpetrator's baby.

That's more-or-less where I find myself. I don't view a 6-week old fetus as a human baby and I'm not sufficiently certain of the development of the fetus during the first trimester not to allow a pass against those that were put there against their will (via rape). However, I do believe it to be sufficiently close to human, and have sufficient certainty in that belief, to give the fetus the benefit of the doubt most of the time.

Some may argue that constitutes hypocrisy on my part or somesuch, but moderate pro-choicers have similar dilemmas in regards to whether the abortion is terminated by a doctor or an assailant. I don't view either distinction as being hypocritical, but rather different conclusions come to while tacking a morally complicated issue.
8/20/2005

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