More on the Oklahoma Abortion Law

ABC put forth possibly one of the most biased reports I’ve seen in quite some time. Starting with an emotional appeal, the article reveals its bias in a most blatant manner, “But under a new law in Oklahoma, women like Casteix, who have been sexually assaulted, will be forced to undergo a second trauma. The law requires them to undergo a sonogram, and depending on the state of pregnancy, it could be a transvaginal one, which involves insertion of a wand.” The article goes on to bury the other side of the story, placing it on the third page, a page that most readers wouldn’t get to.

Journalistic integrity (or the lack thereof) aside, it is true that the law doesn’t allow for exceptions in abortion or incest. Considering that 93% of abortions occur for social reasons (with only about 1% occurring for rape or incest), there’s little reason to include a caveat in the law concerning rape and incest. Regardless, such a caveat is, logically speaking, unnecessary.

When abortion proponents bring up rape and incest as exceptions, they are often using fallacious reasoning. They are making an emotional appeal in order to support the act of abortion. Not to sound completely callous, I do have sympathy for someone who has been raped and then been left with a pregnancy as a result of that rape. Such an event is tragic and if the family or private organizations cannot help such a woman, I believe the government has a moral obligation to help her. Whether that be through paying for her counseling, paying for her healthcare during and after the pregnancy, or providing adequate and safe housing, the government should take care of her if her family or private organizations fall short.

Regardless, if a fetus is a human person (even if certain capacities haven’t been fully realized) then whether the fetus’ creation was intentional, an accident, or the product of a forced sexual act becomes completely irrelevant when discussing the rights of the fetus. Whatever the paternal contributor did has no bearing on the rights of the fetus. Looking at the issue logically (which one must do when determining the morality of an issue) whether or not a pregnancy was caused by rape is completely superfluous. If the fetus is not a human person or has yet to obtain personhood, then whether the law allows the caveat of rape and incest is irrelevant; the law is arbitrary and unnecessary. If, however, the fetus is a human person, then no caveat for rape is needed because the fetus is still a human being.

Before we bring in the victimhood of the mother (which is legitimate, she is a victim in the case of rape and incest), we must also realize that the fetus is also a victim. The fetus will eventually become an infant, that infant will become a child, that child will become a teenager, and that teenager will become an adult. In all those processes, that child will most likely grow up without a father and/or knowing that he is a product of a rapist. This causes quite a bit of guilt and problems on the part of the child. Just as the mother suffers so too the child suffers.

Another aspect to consider is the moral status of being a victim as opposed to being a victimizer. One must consider if it is better morally to be put into the Gulag for refusing to spy on one’s neighbors, or if it is morally better to spy on one’s neighbors and put them in the Gulag in order to avoid the same punishment for one’s self. Most ethicists and even laypeople will agree that, morally speaking, it is better to be a victim than to be a victimizer. When we look to the issue of abortion, specifically in the case of rape, though the woman is in the morally better position by being the victim, when she seeks an abortion she actually becomes a victimizer; though a victim of rape, she shares the moral equivalency of her rapist when she seeks an abortion as she is murdering a human person.

Such harsh terminology might make some uncomfortable, but before having an emotional response, it is better to truly evaluate what was just said. If the fetus is a human person, then to terminate that life is the equivalent to murder. After all, we hardly ever say that Stalin “terminated potential votes,” but rather that he murdered millions of people. We don’t say that a rapist had “involuntary sexual intercourse,” but rather that he raped a woman. We use such terminology because (1) such terminology appropriately describes what occurred and (2) certain words have emotional connotations. Thus, when we look to abortion, we see:

1) An innocent human person (the fetus)

2) The killing of the innocent human person

Killing an innocent human person is almost always called murder. When a woman, who is a victim of rape, seeks to kill the fetus that is the result of rape, she engages in murder. Though she will always be a victim of rape, she becomes a victimizer when she seeks an abortion, which makes her just as immoral as her rapist. This might be a hard pill to swallow, but it still remains true.

In conclusion, whether or not a pregnancy is caused by rape is completely irrelevant. If the fetus is a human person, then no caveat for rape or incest should be allowed (life of the mother, however, does remain a legitimate caveat that people can voluntarily consider). A human person is still a human person, regardless of how he came into existence.