Abortion This has been an unresolved, burning issue for over 100 years. At what point does the state have the right to regulate an individual woman's decision to terminate a pregnancy? The "Pro-Life" faction feels that the state is obligated to support and enforce the rights of the unborn child from the day of conception. This is without regard to the circumstances surrounding the conception, such as incest or rape, and also without regard to the physical and/or mental condition of the unborn child, such as known conditions which will adversely affect the length or quality of life. The "Pro-Choice" side believes that a woman retains certain undeniable rights regarding the continuation of the pregnancy involving an unborn fetus until that fetus is viable, that is, has the ability to sustain life outside the womb. In 1972, the Supreme Court decided, in Roe vs Wade, that "a right of privacy" existed that was "broad enough to encompass a woman's decision whether or not to terminate her pregnancy". The theory is traceable to the 14th Amendment, which prohibited states from denying "liberty" to anyone without "due process". The state could, however, regulate the privacy rights of the mother in order to balance the interests of the woman and the fetus. This regulation would be somewhat timed to the medical definition of the different trimesters of a pregnancy. During the first trimester a woman retains the right to make a decision, with her physician, as to whether to abort the pregnancy or not. During the second trimester, the decision to have an abortion required some form of higher level approval. During the third trimester, or after the fetus was considered viable, the state could prohibit abortion, in order to protect the unborn child, except where such an abortion was necessary to preserve the mother's life or health. Roe vs Wade has come under attack since it's inception. Several cases have come before the Supreme Court which have narrowed the scope of the decision, or caused some specific situation to be upheld or overturned in spite of or because of Roe. The only thing that is clear is that Roe vs Wade did not solve the problem of abortion in this country. The eventual demise of Roe vs Wade is really not a question, the true problem is what will the law be at the time Roe vs Wade may be overturned? Will abortion in any form be illegal? Will each state have the right to formulate its own regulations? Or will it be simply a medical decision? From a social standpoint, abortion is certainly not to be encouraged as a birth-control method. At the same time, however, does the state have the right to force a woman to bring a child to term and to go through child birth when the child is the result of rape or incest? And if the state requires this child to be brought into the world, is the state willing to support this child until it is able to support itself? For that matter, is the state willing to support a child that is severely handicapped (either physically or mentally) if the natural parents are not able to do this, but were not allowed to abort the pregnancy even though they knew of the condition of the fetus early on? Does this not then become an economic issue (as do most of the important issues in life)? If the government is to create a situation whereby any abortion is illegal, or where most abortions are illegal, then those people seeking abortions will become criminals. But the fact is that they will continue to seek abortions. Those persons who perform abortions will also be criminals, but they will continue to perform abortions. Consequently, those people who do not have the financial means to travel to a country where abortion is legal will have to seek out criminals to perform an illegal act at great expense and risk of life. I would suspect that the Pro-Life advocate would say that this is a good situation because the number of abortions performed in this country would decline dramatically. I am not sure that this is true. There will certainly be a dramatic decline in legal abortions performed under sterile conditions in an appropriate facility, but I would suspect that the number of abortions performed outside of this country on willing citizens and the number of illegally performed abortions or illegal self abortions would be very much equal to the number of legal abortions that might have been performed previously. I am afraid that we will have an increase in the number of abortion related deaths, and an increase in the number of criminals who are walking around because the police are unable to arrest and prosecute those individuals participating in the violation of those laws. The laws of nature are pretty severe. If an animal gives birth to a deformed or disabled offspring, it is usually left to die. If by chance it is able to survive, it normally will lead a very lonely but brief life as it will not be accepted into the animal family. And yes, human life form is a step above our animal cousins. We are thinking, reasoning, caring creatures who take care of the elderly and infirm. We live under a code of law and we make choices based on a much higher degree of sensibility than that of the animal world. And yet, instead of entering into an intelligent discourse and then abiding by the will of the majority, we have groups of radical anti-abortionists who think it is right and proper to indiscriminately bomb offices and clinics where abortions are being performed, without regard to any harm that may befall anyone foolish enough to be in that facility. They have little or no regard for life or property, but they have a cause that is more important than that. Abortion is, unfortunately, not going to go away. Our society is far better off recognizing this and providing the proper counseling and medical assistance to cope with the problem rather than creating new laws that cannot be enforced and making criminals out of otherwise normal, well-meaning citizens. ======================================================================= Below is a letter I wrote to a Cleveland Plain Dealer columnist after a series of Pro-Life articles. I have read with interest your recent columns regarding Roe v Wade and the continuing struggle to deal with the issues that are fostered by that decision. I have also read Connie Schultz on the same topic. I have held back any response until it had appeared that you had finished writing about your position and how you came to arrive at that point. I get the impression that you are very much a Pro-Life advocate. I have done a great deal of study on this and many other topics that are of interest to adults in our world. As I got older I felt that I should have a better understanding of what is going on. The issues that we face today are not very much different that those that were faced by our grand parents and their grandparents. We just have much better communications and our access to information is better by one hundred fold. What bothers me is the all or nothing approach that seems to divide the mob mentality that swirls around the abortion issue. If you are not Pro-Life, by definition you are a "baby killer", a "monster", or worse 'Satan". And the pro-life faction feels so strongly about this that they will blow up a clinic that performs abortions without regard to any other life that might be involved. Could we not formulate a better approach? Could we not be against abortion for the sake of birth control and yet still take a reasonable stance where other considerations are manifest? Let's look at a couple of normal situations and see how we are affected: 1) A woman finds out early in her pregnancy that her life will be in danger if she allows the pregnancy to continue to full term. Let's say that she has a husband and two other children. Let's also say that the doctors can determine that the unborn child is at great risk of being brain damaged and/or terribly deformed. Under a strict "pro-life" approach, backed by law and regulation, she has no choice but to place her family and herself in jeopardy - is that fair to the greater good of the majority of her family? 2) A woman of modest means finds out early on that her unborn child will be permanently damaged and will require constant care for his or her entire life. The government, which restricts her right to terminate this pregnancy, is limited in the amount of support that it can provide and as a result, she and her husband cannot afford to have any other children or for that matter, have a normal life. In either case, abortion is not a 'birth control' choice, it is a medical, ethical, and responsible alternative to what could otherwise be a social and economical disaster for the other people involved in the family. And certainly, given the right to choose, there will be parents that will choose to either continue the pregnancy or to terminate that pregnancy. And the parents will have to live by and with the decision, in the same way that they have to live with many other decisions that are made during their lives. And if we, as a government, recognize that there are situations that require personal choices to be made for the greater good of the population, then we have to recognize that there will be people who will stretch the right to make those choices as far as possible. That is the cost of having a free society. There will be abuses. Hopefully our health professionals will have the moral and ethical training to assist those people who need assistance and reduce the number of abuses that take place. But keep in mind that the people who will be hurt by the modification of Roe v Wade will be the poor people of this country. If the wealthy need to have an abortion for whatever reason they decide is acceptable to them, they will travel to a country where the procedure is legal and they will have it done there. The poor people of our country will become criminals for seeking illegal procedures under less than perfect conditions. This entire issue is truly not a pro-life/pro-choice issue. It is the basis on which our democracy was founded. Our citizens must be seen as capable of determining what is best for the greater number of their family, in conjunction with their health professional, without having the government causing them to be criminals in the process. And yes, many of our citizens are not able to make an intelligent choice. That is a fact - but it is a fact that we must accept and we must continue to try to educate and assist those among us who fall into that category. It is the only way to maintain our freedom and our ability for self determination. What is good and right for you or me is not necessarily what is good and right for everybody. But the greatest portion of our population just doesn't see it that way - and therein lies the problem. ======================================================================