Defining ‘abortion’ – and the exceptions

There are two uncompromising poles on abortion. Call them “extremes,” if you will. One holds that a unique human being is created at conception, and that killing it is homicide. The opposite is that an embryo or fetus is a part of the mother’s body until fully separated. It may be treated like a parasite or intruder or piece of property and killed at any time for any reason before completely delivered.

Most Americans hold a less extreme view. They may be “pro-life-lite,” or “pro-choice-lite.” Pro-life-lite advocates may ask, “What about the exceptions?” The exceptions include saving the life of the mother, rape, incest, severe fetal deformity, or inability to hear a heartbeat yet.

Some discussion might be averted by defining what an abortion is. I suggest defining it as a procedure intended to end the life of a developing human being. This would include interventions – such as “Plan B” or “emergency contraception” – designed to prevent implantation of an embryo, whose development has already begun during its journey down the fallopian tubes. If abortion is defined as interrupting a pregnancy, and pregnancy is held to begin with implantation, then Plan B would not cause abortion.

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Ectopic (tubal) pregnancy is the clearest example of a threat to the life of the mother. Texas law specifically states that removing an ectopic pregnancy is not an abortion. If it is not removed, it will eventually rupture, assuring the death of the fetus and often killing the mother. There is no way to save the baby. Even if removing it is considered homicide, it is surely justifiable.

Later complications may require terminating the pregnancy. This can be done by inducing labor or doing a Caesarian section. Depending on the duration of the pregnancy, the baby may well survive with adequate care. Such procedures are not abortions.

If a woman is having a miscarriage – a spontaneous as opposed to an induced abortion – proper care may involve the same procedures as an induced abortion might, such as a D&C to remove remnants that could form the nidus of infection. Since an abortion means killing a fetus, and you cannot kill something that is already dead, this would not be an abortion.

Then there is rape or incest. These are clearly devastating to a woman, and carrying a pregnancy would remind her constantly. But an abortion does not undo the rape or wipe out the memory. Justice must ask whether a baby deserves to die because its father is its uncle or a rapist. Such babies, if allowed to live, are generally grateful to their mothers.

Babies thought to have abnormalities incompatible with life sometimes prove their doctors wrong – for example, “the boy without a brain.” While carrying a baby with a lethal deformity is agonizing, perinatal hospice may be the most compassionate answer.

Staunch “pro-choice” advocates may face exceptions too. They may be unwilling to condone sucking the baby’s brains out while it is in the process of being born (“partial-birth abortion”). Or they might object to reasons like sex selection. Or if an abortion is “botched” and delivers a live baby, they might resuscitate the baby instead of allowing it to die.

Politicians try to calibrate their voters’ views so they can claim to be “pro-life” or “pro-choice” – with exceptions.

Here are proposals that should not require taking a position on abortion. Is your candidate for these policies, or are there exceptions?

All (including doctors, nurses, and pharmacists) should be free to decline, without penalty, to promote, perform, or participate in abortion. The principles are professional autonomy and the ethic to do no harm. Is abortion an exception?

All should be free to inform prospective abortion clients of potential risks, of possible ways to reverse the abortion pill, of sources of aid and support, and of adoption alternatives. The principle is informed consent, which includes presenting options. Is abortion an exception?

Abortion facilities should have no special bubble to keep clients from hearing a pro-life message. Principles are freedom of speech and of assembly. Is abortion an exception?

Vandalism against pro-life messages and facilities should not be ignored or protected by the law. The principle is equal enforcement of the law. Is abortion an exception?

Those who oppose these policies show that they do not believe that the unborn and their defenders have inalienable rights. Rather, their rights are subordinate to a privileged “right” to end a developing human life without interference.

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