Contributors

Thursday, February 17, 2011

State-Sanctioned Terrorism in South Dakota

A committee in the South Dakota legislature recently approved a bill that would have defined the killing of an abortion doctor as justifiable homicide. The bill has since been shelved, but anti-abortion activists have praised it because it would scare away abortion doctors. In essence, the bill is state-sanctioned terrorism.

And in the House of Representatives the new Republican majority started attacking abortion rights straight out of the gate by introducing a bill allowing abortions only in cases of "forcible rape." So, if you get date-raped by some loser who puts rufies in your drink or a horny step-father, tough luck.

What's behind these perennial attacks on abortion rights? It's obviously not an overweening concern for human life. A law that declares open season on doctors performing a legal medical procedure can hardly be considered pro-life.

And it's not about responsibility. If you get pregnant, and you know can't take care of the kid, or don't have the money for the proper prenatal care, or can't afford to take time off during the last part of the pregnancy, or don't have money for the actual delivery, or don't have the money to raise the kid, the responsible thing to do is to end the pregnancy immediately, before you put another burden on society.

And it's not about the sanctity of human life. Most anti-abortion activists oppose abortion in any of its forms, including the morning after pill. A fertilized ovum is still a one-celled blastocyte. It is not a living, breathing person in any sense. At all. Nor is a two-cell, four-cell, eight-cell, sixteen-cell blastocyte a human being. A five-week-old fetus is not a living, breathing, thinking human. It looks like a tadpole.

And functionally speaking, it's not a human being either. There's an old saw in biology, "ontogeny recapitulates phylogeny." Basically, this says that fetuses sort of descend down the evolutionary ladder as they develop. Human and chick embryos have gill slits and tails. Though much of this theory has been discredited, you can tell just by looking that early-stage fetuses of salamanders, frogs, fish, rabbits, cows and humans bear much more similarity to each other than to their full-grown counterparts.

All animal fetuses start out with pretty much the same body plan. As the fetus develops certain changes are triggered. Males are identical to females until testosterone is released, and the ovaries transform into testes. Certain body parts come and go: for example, in manatees (legless sea mammals) the fetus has leg buds like all mammals, but they disappear at one point. And the thing that makes humans truly human -- the big cerebrum-- doesn't start forming until very late in the process.

So, prior to a particular point in development a fetus isn't really human. It's proto-human, yes, and might become human one day. The approach taken by the courts acknowledges this fact, positing a date of fetal viability. That's basically the point at which the fetus can breathe outside the womb, but that date could conceivably be moved earlier, to the point where all the major structures of a human being are present in the fetus. As technology and science improve we will undoubtedly revisit this issue, and rightly so. Whatever the number is, there's some point where a fetus is not really human, and after that point it is.

The question of what is human is at the core of this. We have decided that certain types of brain-injury patients have no potential to recover are no longer human, and can be terminated out of mercy. A fetus without the higher brain functions is in pretty much the same boat. I would rather err on the side of caution and make the standard of proof for euthanasia extremely high. But a fetus without a cerebrum has never been a living, breathing human being, so there's not much of a slippery slope here.

And hatred of abortion is not about potential. "You can't abort that baby. It might be another Einstein!" Many abortion foes are staunch supporters of the death penalty. While your average clod on death row will never become an Einstein, they certainly might be "born again" or experience some other spiritual rebirth and do something positive with their lives, helping others. This idea of forgiveness and rebirth is core to Christian theology; it's strange that so many so-called Christians are so adamant about killing people (this is one area where the Catholic Church is way ahead of and most American protestant denominations).

And many abortion foes support war, and some even support pre-emptive wars like the war in Iraq. One of our soldiers, or an Iraqi soldier, or an Iraqi civilian, or an Iraqi child could have potentially made an Einsteinian contribution to the world. So how could anyone calling themselves pro-life have condoned W's pre-emptive fling in Iraq?

And it's not about innocence. We condone the deaths of innocents all the time. We have killed thousands of innocent Afghan and Iraqi citizens. Thousands of innocent people die in this country every year because they don't have adequate health insurance. We allow guys like Jared Loughner to buy high-capacity semiautomatic weapons on demand, and then are shocked when they use them to kill innocent people. Thousands of asthma and emphysema sufferers die each year from high ozone and particulate levels in the air. We drink and then drive (everyone who drinks has a funny story about driving drunk) and then have accidents that kill innocent people on the highways by the thousands every year. But that's all collateral damage because of our "rights" and "freedoms."

And it's not even about dead fetuses. Estimates of the percentage of pregnancies that end spontaneous abortions ("miscarriages") are all over the map, from 10 to 25 to 75%. Yes, you read that right: some experts think that as many as 75% of all fertilized ova fail to implant and just slide on through. If the latter number is correct, that would make God the biggest abortionist of all.

So why do people really oppose abortion? Do they want to keep women under their thumbs? Is it about vengeance and retribution? Do they want to make women pay for having had sex? Is about saving souls?

I don't know. But does it really make sense to punish a woman by forcing them to bear a child they don't want or can't afford? Aren't the pain and shame of going through an abortion punishment enough? Does it make sense for the government to interfere with the personal decisions of a woman over her own body and inflict unwanted children on that woman and on society?

10 comments:

Anonymous said...

A committee in the South Dakota legislature recently approved a bill that would have defined the killing of an abortion doctor as justifiable homicide.

The very first sentence is a bald faced lie.

The bill called for ruling the kiling of someone who illegally takes the life of your unborn child to be "justifiable homicide". Abortion is not illegal in SD, therefore you are full of shit and deliberately lying.

Last in line said...

I see a new contributorrrrrrrr....

Tess said...

The very first sentence is a bald faced lie.

http://motherjones.com/politics/2011/02/south-dakota-hb-1171-legalize-killing-abortion-providers

-The bill, sponsored by state Rep. Phil Jensen, a committed foe of abortion rights, alters the state's legal definition of justifiable homicide by adding language stating that a homicide is permissible if committed by a person "while resisting an attempt to harm" that person's unborn child or the unborn child of that person's spouse, partner, parent, or child. If the bill passes, it could in theory allow a woman's father, mother, son, daughter, or husband to kill anyone who tried to provide that woman an abortion—even if she wanted one.

So, no, it is not a lie.

GuardDuck said...

And the guy who wrote the bill disagrees with that interpretation.

The key element, oh legally blonde one, is that you cannot start to talk about affirmative defenses unless the thing you are defending against is unlawful.

So in other words, it is not an affirmative defense to resist a lawful act. The act you resist must be unlawful. Since an abortion is not unlawful, the resisting against it would not be eligible for an affirmative defense.

Miriam said...

I've been reading this blog for awhile and have seen many disgusting things but "legally blonde" takes the cake. Because Tess is a woman she's an idiot about the law?

The SD law is a trick. The author may disagree with the interpretation but we all know full well what door it will open. I know that conservatives think that liberals are idiots but we aren't.

GuardDuck said...

I didn't say she, if in fact Tess is a she (this is the interwebs and screen names are not gender specific) is an idiot - you did. I actually rather liked the legally blonde movies, the first more than the second. Recalling those movies the main named character turned out to be quite a brilliant legal strategist.

Now, I understand if you might be offended by what another person finds humorous. The nature of humor is that if nobody is offended then it isn't funny. But to find that little quip so 'disgusting' as to 'take the cake' leads me to believe that your skin is thin enough to be positively luminous. My advice is to wear tight fitting clothing as to keep your innards from splitting it and spilling to the ground.

Further, we 'all' do not know what door the SD law will open. As I just said, and again must apparently repeat to another budding Perry Mason, self-defense or defense of a third person is only applicable when defending against an unlawful assault. If the abortion is a legal act then it, by definition, is not an unlawful assault. If it is not an unlawful assault then you cannot lawfully 'defend' against it. There is no door, no slippery slope, no floodgate. Nothing to see here, move along.

sw said...

Because Tess is a woman she's an idiot about the law?

yeah, pretty much

Anonymous said...

...but we all know full well what door it will open.

Well it becomes much more likely for some nutcase to believe that it amounts to "open season on abortion doctors" when everyone on the left spouts that lie from the housetops. But of course, when one gets shot it will be the fault of the people who passed the law, not the people who claimed it was "open season on abortion doctors", right?

Anonymous said...

And of course, you carefully ignore (as always) that if that dirtbag in Philadelphia had done exactly the same thing as he did, but had done it before the baby's feet were clear of the birth canal, it would have been a "partial birth abortion" rather than a "murder" and the ACLU and the political left would have rushed to his defense.

Anonymous said...

Many abortion foes are staunch supporters of the death penalty.

This makes exactly as much sense as saying that if you're willing to pump bullets into a rabid mountain lion that has been killing neighborhood children, it's no different than taking a claw hammer and crushing the skull of your housecat.

And it's not about innocence. We condone the deaths of innocents all the time.

You might as well be saying, "If you see a gang of people fleeing in a car from a house where a family has just been brutally slaughtered, how dare you have the presumption to chase them down? They haven't been proven guilty in a court of law, but you are most definitely, and very deliberately, endangering innocent civilians by having a high speed chase through traffic! How dare you, you monster?!?"

The excuses you're so desperately striving for display all the judgment and intelligence as could be expected from a bag of gummi bears that are past their "sell by" date.

This is "critical thinking" where you come from, is it?