The Reporter (Lansdale, PA)

Questions swirl around legal, ethical guidance on abortion

- Michael Gerson

Dozens of European countries limit elective abortion to 15 weeks. Several of them set that period at 14 weeks. A majority limit elective abortion to 12 weeks, including Denmark, Germany, Norway and France.

These countries generally allow for abortions at later stages if the physical or mental health of the mother is threatened, or in the case of serious fetal defect. But almost all these laws are more restrictiv­e, on paper, than the regimen set out in Roe v. Wade.

Little of this can be attributed to activist religious groups “imposing” a moral vision. These are some of the most secular countries in the world. European abortion law engages in legal and ethical balancing because there are contending liberal values that require balancing — a public responsibi­lity to value human dignity and a public duty to respect the autonomy of those who become pregnant.

This remains the issue that will not go away because it not only divides advocacy groups; it divides individual minds. Few people have an immediate sense of moral identifica­tion with a blastocyst. But it’s difficult to deny that a fetus at 21 weeks is one of our own kind — not a potential human, but a human at an early stage of developmen­t.

The problem comes in the drawing of legal and moral lines, because such distinctio­ns seem so disturbing­ly arbitrary. One traditiona­l Christian instance of line-drawing, for example, was at quickening — when a mother could feel a child inside her. But this seems absurd when generalize­d as a moral principle. Do humans really attain rights only when they can alert us to their existence? How does a perception in some other mind magically generate worth in a fetus?

Others have proposed the presence of fetal brain activity to be determinat­ive. Yet the human distinctiv­e is not found in the random firing of neurons; it is found in self-conscious rationalit­y, and this does not develop until well after birth.

For many, viability seems an easy stopping point. And it might eventually be a useful landing place for political compromise. But this seems to be particular­ly weak and dangerous as an ethical principle. Do we really want to argue that dependent human beings are proportion­ately less valuable? Should this also apply to human beings with profound intellectu­al or physical disabiliti­es?

On abortion, there is often a massive gap between the stakes of the debate and the confidence of our moral intuitions. For some, the arbitrarin­ess of lines leads them to elevate autonomy over all other claims. Because pregnant people face a unique burden, they should have the sole decision. But establishi­ng the moment of birth as morally dispositiv­e has problems of its own.

In the U.S. debate, religion does play a broader role in abortion controvers­y. And it can come out in cruel and judgmental ways. Some people are probirth rather than pro-life. But it is neither just nor democratic to declare that all opinions informed by religion are fundamenta­lly personal and thus democratic­ally illegitima­te. It rigs the debate to argue that John Stuart Mill’s philosophy can be the basis for conviction­s about human worth, but not centuries of Jewish and Christian philosophi­c reflection on the demands of human dignity.

The history of Roe v. Wade demonstrat­es the unsustaina­bility of a few people on a single court declaring that one side can never prevail. The same would have been true if the Supreme Court had decided in 1973 that the 14th Amendment applied to everyone after conception. Such a verdict would also not have been imposable on a culturally diverse, deeply divided nation.

The explicit or effective ending of Roe comes at a low point in America’s political capacity for deliberati­on. But there is no more fundamenta­l task of a political community than to define the human community. And what sounds impossible will soon be unavoidabl­e.

 ?? ??

Newspapers in English

Newspapers from United States