Margaret Somerville | Saturday, 26 January 2008

Abortion: giving new life to the debate

Anniversaries of court decisions in the United States and Canada highlight the need for open discussion of this moral issue in the public square.

ProLife Canada ad imageThis week Americans marked the 35th anniversary of the Supreme Court decision which legalized abortion in the United States., Canada is also reflecting on one of the most persistent controversies of our time, as the 20th anniversary of our Supreme Court's contribution to the abortion debate arrives.

On January 28, 1988, the court struck down the country's abortion law as unconstitutional, ending the prosecution of Montreal doctor Henry Morgentaler. That left Canada in its present unique position among Western democracies of having no law governing abortion - it is legal until a woman goes into labour. Although the court made clear Parliament could enact law and a majority of Canadians polled believe there should be some law governing abortion, so far attempts to enact such law have failed.

In fact, the pro-life community also is wondering: What should be done about abortion becoming a prohibited topic of discussion and debate?

A recent spate of articles in Canadian newspapers by pro-choice supporters have lamented that abortion is "still kept very quiet" and argued that society should be more open in talking about abortion, not be embarrassed by it, and that women should feel free to talk openly about having had an abortion.

I agree. Let's bring the talk out in the open.

In fact, the pro-life community also is wondering: What should be done about abortion becoming a prohibited topic of discussion and debate? Just last week the city of Hamilton pulled LifeCanada's advertisement -- Abortion: Have We Gone Too Far? -- from its bus shelters after a handful of complaints. The ad showed a pregnant woman with the statement, "Nine months: The length of time abortion is allowed in Canada. No medical reason needed?" and a tag line, "Abortion: Have we gone too far?"

The city councillor who asked that the ads be pulled said, "For me, personally, it definitely was offensive." He did not explain why and, apparently, it was a sufficient justification that he felt offended.

In the past few months there have been hostile encounters between pro-choice student unions and pro-life student groups on several Canadian campuses. Pro-choice students want to restrict what pro-life students may say; they want to ban the posting of anti-abortion materials and refuse funding to pro-life clubs. One student justified this on the ground that "many students were upset by the [pro-life] poster campaign".

But what about respect for freedom of speech, especially in relation to law and public policy, and for freedom of religion and conscience?

A strategy for silencing pro-life supporters is to label them as religious and as proselytizing. It is unfortunate that abortion can be dismissed as a religious issue, because then we fail to identify and understand the full range of reasons why it is still a source of such major conflict.

Here are some of the reasons.

Moral intution

Harvard psychologist Steven Pinker reports how recent neuropsychology research is confirming that humans have an inbuilt "moral instinct" that seems to have some universal content. In ethics we speak of an ethical "yuck factor." When we face the facts about abortion honestly, no matter what our views, most of us have such a reaction.

Our moral intuition tells us that abortion is never a "nothing event". Some people deal with their disquiet by suppressing their moral intuitions. Seeing or hearing about what abortion entails makes that much harder to do.

Our choice of language also affects how we see the ethics of abortion. As Canadian columnist Judith Timson noted, in the movie Knocked Up ("a ribald comedy" about a young career woman who gets pregnant after a one-night stand) abortion is "coyly referred to [only] as 'shmashmortion'." The sound of this word could make us more aware, both factually and ethically, of what abortion involves. Or it could be a euphemism, which usually dulls ethical sensitivity.

Many use the term "therapeutic abortion" in explaining that 58 per cent of teen pregnancies in Canada end in abortion. "Therapeutic" puts a medical cloak on abortion, which reassures our moral intuitions and provides a possible justification for an act we might otherwise see as wrong.

Normalisation

In finding abortion to be a Hollywood "taboo", Ms. Timson cites an academic who says that Knocked Up "side-stepped the abortion option . . . which seemed out of touch with the modern hip audience that the movie was otherwise directed toward. Here's a movie…that can't include abortion as part of the decision-making process [about pregnancy]."

This statement confirms an important insight of the Reverend Rowan Williams, Archbishop of Canterbury: We have lost our sense that abortion involves "a major moral choice - it's been normalized," he said. "Something has happened to our assumptions about the life of the unborn child . . . when one third of pregnancies in Europe end in abortion."

The basic presumption that a pregnancy would result in the birth of a baby, unless, in rare cases, there was clear justification for preventing that, has changed to a presumption that there is a range of acceptable options in relation to pregnancy of which abortion is one.

Denial

Abortion advocates vehemently oppose any legal recognition that a fetus even exists. They want public square silence, legal silence and political silence in relation to fetuses in order to maintain silence on abortion. Their strong opposition to the passage of an Unborn Victims of Crime Act, currently before the Canadian Parliament, despite the act making clear that it does not affect abortion law, is a good example in this regard.

They are correct that shining a light on fetuses, rather than just on pregnant women who want an abortion, makes many people very morally uneasy about abortion (again, our moral intuitions respond). That is what happened when the young pro-life advocate in the movie Juno called out to her schoolmate who was about to enter an abortion clinic, "It's got fingernails." That also personalizes the fetus- we can identify with it, it's like us. The pregnant teenager changed her mind, deciding against abortion.

Surely we should deal with abortion by recognizing what it involves and then justifying whatever position we take. That is certainly the ethical approach.

The use of law

A recent Environics poll showed 62 per cent of Canadians (and two-thirds of Canadian women) think there should be some law governing abortion, at least at the point of fetal viability. In other words, they disagree with the current situation in which abortion is never a legal issue. But a strong majority also believes abortion should not always be a legal issue. So, while all abortions raise ethical issues that must be addressed, when and how we should use the law to govern abortion is a separate question.

Authentic choice

An authentic pro-choice stance requires all options to be on the table, not just that of abortion. It also requires that a woman give her informed consent to the option she chooses. Ethically and legally informed consent means having all the information that would be material to a reasonable person in the same circumstances in making her decision. Those circumstances include facts about the fetus and what an abortion involves, including its harms and risks. These are routinely played down and research demonstrating them is derided by pro-choice advocates.

Respect for women

Abortion has been treated by its politically correct advocates as the litmus test of respect for women. Even questioning the acceptability of abortion is seen as heretical by many. This reaction could be compared to that of a totalitarian religion in which it is heresy to question the existence of God. Sometimes, having an abortion (or, as a young woman physician, doing one) seems to be a required rite-of-passage to join the feminist cause.

A woman's right to choose an abortion is often presented as a dignity argument. Some scholars have defined two concepts of dignity: dignity-as-liberty, which favours individuals' autonomy and self-determination, and dignity-as-constraint, which preserves human dignity in general (the prohibition of sex-selection abortion is a good example). Abortion requires us to balance these two kinds of dignity, but since we don't agree where that balance should be struck, the least we can do is talk about it.

Margaret Somerville is founding director of the Centre for Medicine, Ethics and Law at McGill University, Montreal.

Comments (22)

Gabriel James said...

Thank you for this insightful analysis. I hope that everyone with an interest in abortion policy reads this carefully.

Australia | Saturday, 26 January 2008 at 8:25 pm

Cecil Chabot said...

This is an article every Canadian needs to read. One of the first points I make with many friends and colleagues on the issue of abortion is that it can only be one of two things: the exercise of a woman’s right to choose to end a potential difficult pregnancy, or the killing of a human being in the very place designed by nature to protect it in its most vulnerable period of growth. The onus is not on those who choose to let nature take its course to justify their opinion, but on those who choose to intervene. Yet in this case, those who have chosen to intervene—and I am referring not to the young women who often ignorantly, and with pressure from others, undergo abortions—far from justifying their case, have tried to silence those who question their intervention. Abortion has been and continues a tragedy on several fronts: for the child, the mother and father, but also for a people—whose nation is reputed to be a bastion of human rights—whom future generations will regard with the same disbelief as we now regard slave-owners of the past: how could such “good” people have been so blind?

Canada | Sunday, 27 January 2008 at 12:48 am

That Lesbian Down The Street said...

I’m pro-life, as I think everyone is, in the deepest levels of their psyche.

After all, have you ever met anyone who was proud of an abortion?

My opinion, on the important matter of ‘what should the penalty be for the woman who has an abortion?’ is jail time.
Some might find that harsh; but if a woman makes a conscious decision to terminate the life she is 50% responsible for creating, and 100% responsible for protecting, I would feel no qualms about letting her serve time.

I am, of course, excepting cases where both mother and child would perish, or perhaps rape.

Otherwise, it was the mother’s decision to engage in behavior that would lead to her pregnancy; and to circumvent the consequences of her actions by terminating an innocent existence is unacceptable.

If said woman finds herself in such a situation where she cannot raise the child (she has difficulty holding a job, she feels she is emotionally unable to care for a dependent) , I still believe her morally obligated to carry and birth the child, and then put it up for adoption.
In my opinion, an orphan is better than a prematurely silenced infant.

That’s my take on it, anyway.

-- | Sunday, 27 January 2008 at 10:04 am

Pat S said...

Is a baby conceived by a rapist any less a human?  I don’t think these kids run around with an asterisk - so why the exception allowing us to abort them?

United States | Sunday, 27 January 2008 at 2:29 pm

Monique David said...

I like the expression “moral instinct” as described by Professor Somerville. This notion, transferred into the abortion debate implies, among other things, that there is no neutral moral stand, and that normally we all have a reaction when confronted to moral issue. What should follow logically is the need to speak about it, and to analyze this natural reaction. To repress this need cannot be intellectually healthy, individually or collectively.

The least that we should do, as members of a democratic society, is to facilitate and encourage a free speech’s arena on abortion and to allow everyone to express their moral instinct, avoiding at all cost the ad hominem attack based on gender or religion. The ones experiencing the “yuck reaction” should have the same right to speak as the others who have “overcome” it. We have to think collectively the type of culture we want to legate to our future generations, one of life or of death.

Canada | Monday, 28 January 2008 at 2:10 am

Tim Roberts said...

For someone who seems proud of having had an abortion, see the article in the London Times, link below.  The content is sufficiently indicated by the title, “Abortion: why it’s the ultimate motherly act”. 

http://www.timesonline.co.uk/tol/
comment/columnists/caitlin_moran/article1645946.ece

A quote: “I’m not being flippant when I say it took me longer to decide what work-tops to have in the kitchen than whether I was prepared to spend the rest of my life being responsible for a further human being.” Perhaps this at least rebuts the usual claim that “No woman takes a decision about termination without very careful consideration”. 

I’m not with That Lesbian on jail for women who have abortions.  So many people tell them that there’s no harm in it, and when they find out this is a lie, they are to be pitied rather than blamed. But jail for doctors who ignore the laws (there may be no law in Canada, but we have laws in UK, which are frequently ignored) would be different.

And abortions to save the life of the mother are necessary about as often as the spun coin comes to rest on its edge.

United Kingdom | Monday, 28 January 2008 at 4:24 am

That Lesbian Down The Street said...

To Pat S; Thank you for asking: I do have an explanation for that.

Actually, I know two people that were conceived by their mother and a rapist.

And while I would certainly urge a woman to carry the child to term and, if possible, raise it with all the love she can muster, the fact remains that this woman had a child unfairly thrust upon her.
If a woman uses contraceptives, or ‘only did it that once’, and has a child, she is still responsible for the actions that conceived that child, and is therefore subject to the consequences of those actions.
However, in cases of rape, the woman had -no- choice regarding the child; so, again, while I would strongly encourage the victim to carry and raise the child, I am powerfully averse to -forcing- any woman to take responsibility for a life she did not willingly take action to create.

In addition, if you know anyone conceived via rape, you might be familiar with the phenomena whereby the mother has severe trauma of the rape; trauma that is often carried into the raising of the child themselves, leading to the child feeling incomplete or fundamentally flawed due to their mother’s trauma relating to their conception.

I’ll say again, while I would encourage the mother’s acceptance of the child, I do not believe it morally acceptable to force the mother to endure a pregnancy where every moment is simply another reminder that the life within her was created because a man assaulted her and deprived her of her right to her own body; I do not deem it improbable that under such circumstances, the traumatized mother would be tempted to take her own life rather than be constantly reminded of her victimization by remaining pregnant.

In such a case, I believe it the best course of action to encourage the mother to raise the child; but if the mother is under emotional distress fit to endanger both her own life and the life of her unborn child, at least one life should be saved.

-- | Monday, 28 January 2008 at 11:57 am

Pat S said...

That Lesbian -

I don’t think you answered the question - is it a human child or not?  If it is a human child then there’s no way s/he can be aborted.  If it isn’t then someone needs to re-educate this PhD biologist.

It truly sucks for the raped woman, but why compound the first immoral act with a second?

Pat

-- | Tuesday, 29 January 2008 at 6:43 am

Dominic G. said...

I agree with Pat S.
While there may be more complications involving a woman who was raped and conceived a child, one thing remains. That child is, and will always be, human. Besides, aborting the child is not the only way to solve a possible source of emotional stress. The mother could put the child in an orphanage or have him adopted.
There really is no need to resort to the murderous act of abortion.

Philippines | Tuesday, 29 January 2008 at 1:38 pm

Julie Culshaw said...

You know, the case of rape is always cited as a reason to have abortion legal.  But the number of instances of a child being conceived through rape is really not that great.  But it is always used as a reason to legitimize abortion. 

One does not make rules because of the exception; the exception needs to be considered, but it is never the reason for making a rule or eliminating one.  Julie

Canada | Wednesday, 30 January 2008 at 12:12 pm

That Lesbian Down The Street said...

I’ll be quick; I missed something in an earlier post that now catches my attention.

Tim Roberts:
You disagree on me on the idea of jail time for women who aborted their child.
I cannot see how women will be deterred from seeking an abortion if the -doctor- is the only one punished.

“So many people tell them that there’s no harm in it, and when they find out this is a lie, they are to be pitied rather than blamed.”

Pity them if you like, but they still need to face the consequences of their actions. They -should- be blamed; -they- made the choice to have an abortion, not their doctor. (I will agree, however, that the doctors should be punished as well.)

As for Pat S and Dominic G…

I’m getting the feeling we’re not going to reach a consensus. Rather than clog the posting arena with more debate that’s not getting anyone anywhere, perhaps we should ‘truce’, as it were. Agree to disagree etcetera.

-- | Wednesday, 30 January 2008 at 2:45 pm

bork said...

Julie makes the point that the number of abortions because of rape is not great.  You can be sure, however, that an abortion law with an exception for rape would certainly cause the number of cases claiming rape to multiply!

United States | Thursday, 31 January 2008 at 5:04 am

Julie Culshaw said...

Yes, that would probably be true. 
But I meant, and you understood this I’m sure, that citing rape as an example of why abortion should be legal is always used.  It is used to divert attention away from the real issue and people argue it in order to try and trip up anti-abortion supporters.

Yesterday I read an article by John Neuhaus on First Things which he wrote in 1992! about how abortion was made legal in the US by the decision of court judges, while the polls indicate that the American population is decidedly against abortion on demand.  We are living with laws brought down by individuals who were never elected by the people, yet they decide how the people will live.  Same thing in Canada. 

Since this article is about freedom of speech, where is the democracy in the abortion laws, which are not supported by the majority of the people in both Canada and the US, yet we have to live with them? 

It is time to bring law making back to the people, not put it in the hands of appointed judges, who have their own agenda and are persuaded by certain groups to decide in their favour.  Julie

Canada | Thursday, 31 January 2008 at 8:31 am

Michelle M said...

Julie-- I recognize you from the city newspaper discussion thread on this topic (are you from Hamilton?) Dr. Somerville above has also written about the hostility of pro-choice groups toward pro-life groups on university campuses. We know that happens here, and I also know that happens in the U. S. from what I’ve read in First Things and other publications. It is interesting to note that the pro-life advertisements removed in Hamilton (mentioned above by Dr. Somerville) were up in the neighbourhood that surrounds the university campus (and so has a great deal of student housing), if not actually right on campus (my student son reports he saw one there). They were actually defaced with graffiti before someone complained to the city councillor about their presence.

Canada | Friday, 1 February 2008 at 3:36 am

Julie Culshaw said...

Michelle, I am in Halifax, another city that is very hostile to any pro life groups.  There is a very worrisome agenda afoot to silence anyone who speaks of traditional values of any sort, pro life, defence of traditional marriage. 
The political correctness in Canada amounts to allowing certain groups to dictate what others can and cannot say.  Yet, who says that they are right?  Who is setting these people up as the ones who decide what we can and cannot say, what we can and cannot do? 
This so-called “tolerance of intolerance” is totalitarian in its very nature.  Julie Culshaw

-- | Friday, 1 February 2008 at 11:17 am

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