Sooner or later in the debate over abortion, the question of "the person" must
Did you catch Phil Donahue's program about abortion? (CSNBC, January 8, 2003) A young
woman in the audience asked Planned Parenthood's president, Gloria Feldt, "Is it true
that the fetus becomes a human being at the moment of conception?" After a commercial
break, Donahue recast the question: "Gloria, you were asked, as president of Planned
Parenthood, does life begin at conception, or when does it begin? And how do the Planned
Parenthood people respond to the question?" Feldt replied, "Right. The question, I think,
really, is more properly, when does personhood begin because the sperm is alive and the
egg is alive."
How's that? Sperm and egg are only gametes,
reproductive cells. They are not organisms, new members of the species Homo sapiens. In
contrast, a human fetus is an organism, a new life, a new human being.
Would that Donahue could have called on the
late Alan Guttmacher, M.D., who was once president of Planned Parenthood. PP's research
arm, the Alan Guttmacher Institute, was named after him. In his 1933 book Life in the
Making, Guttmacher wrote: "We of today know that man is born of sexual union;
that he starts life as an embryo within the body of the female; and that the embryo is
formed from the fusion of two single cells, the ovum and the sperm. This
all seems so simple and evident to us that it is difficult to picture a time when it was
not part of the common knowledge." But one of the guests on the Donahue program,
William Donohue, seized a moment to say that in 1963, Planned Parenthood said that
abortion "kills the life of a baby after it has begun."
Continuing her response to Donahue, Feldt
added, "And the question of when does a fetus become a person deserving of full, say,
citizenship is really more a moral and religious question."
No. Citizenship is a constitutional question.
It is defined in the Fourteenth Amendment which says, "All persons born or
naturalized in the United States and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside." But notice, the Fourteenth
Amendment also makes it clear that the right to life depends on personhood, not
citizenship: "... nor shall any state deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws."
So personhood and not citizenship is the
pivotal point, and on that, Feldt continued, "In my religion, the fetus becomes a
person when it is born, but other religions have different points of view."
To argue for delayed personhood, as Feldt did
here, is to use a double standard: that some human offspring are persons and others not.
Feldt continued, "And that's the point.
People need to be able to make their own moral and spiritual judgments, based on their own
religions and their own sets of values."
Reading between the lines, she is claiming that
it should be up to those who want to kill to say whether their intended targets are human
beings/persons -- and then to kill them. That is like telling hunters, "If it's not
clear whether what's hidden by the brush is man or beast, shoot anyway, if that's your
decision." Lovely. Under such a principle, nobody is safe.
Speaking of killing, Feldt's Planned Parenthood
runs the largest chain of abortion clinics in the country.
Playing on genuine concern
Many people are genuinely unsure about what
marks the onset of personhood. Exploiting such confusion, Planned Parenthood has run a
full-page newspaper ad that said: "On this question there is a tremendous spectrum of
religious, philosophical, scientific and medical opinion. It's been argued for
centuries" (The Washington Post, October 6, 1988).
Reading between the lines again, either this is
Planned Parenthood's best answer, or they prefer to ignore the substantial arguments
others are making for immediate personhood at fertilization.
The Supreme Court used an argument similar to
Planned Parenthood's in the January 22, 1973 Roe v. Wade decision. There, Justice
Harry A. Blackmun announced, "We need not resolve the difficult question of when life
begins. When those trained in the respective disciplines of medicine, philosophy, and
theology are unable to arrive at any consensus, the judiciary at this point in the
development of man's knowledge is not in a position to speculate as to the answer."
There is strong consensus among those expert in
the discipline of human embryology that fertilization is the scientific marker for the
onset of the human being, but the Court does not seem willing to hear their case. In Roe,
the Court drew an arbitrary line at birth.
What should lawmakers and judges do?
At the beginning of the Donahue program, the
announcer asked, "And what role should government play in deciding when life
begins?"
Its role should be, first of all, to address
the science. It should hold hearings that focus attention on what human embryologists have
to say on the merits of fertilization as the scientific marker event. Ever since Dolly the
sheep was born, Congress and the National Institutes of Health have been holding hearings
on human cloning. But, as C. Ward Kischer, a retired human embryologist, has emphasized,
not one human embryologist has ever testified, let alone served on a panel of any of those
hearings.
Regarding the theological question of the
person, there is only one real expert on that -- God. Because, as many religious abortion
choicers have noted, there is no consensus among the various faiths on when personhood
begins, no theologian is clearly in an unassailable position, from a legal perspective, to
speak for God.
Is there another field of study on personhood
that we can turn to? Yes, philosophy -- a field of study that even atheists, such as
myself, can handle using ordinary human reason. In governmental hearings about the onset
of personhood, the participants should be people, religious or otherwise, whose cases are
based on ordinary reason. A good beginning for the hearings would be for all participants
to give their own definitions of the term "person," so that everyone will know
what they are talking about. It would also be good if participants prepared articles
explaining and defending their positions, and if all participants studied all the
articles. Armed with such knowledge, each participant would be better positioned to
consider and reply to the other side.
Both sides have the intellectual burden of
proof. If one side's arguments overcomes the arguments of the other side, the public will
notice.
By the way, I am not torn by doubt on
personhood. I have full confidence in the Libertarians for Life position: that personhood
begins when the human being begins -- at fertilization. To see how we argue for it, please
go to our website, www.L4L.org.
The benefit of the doubt
Even with the best of intentions, resolving the
questions of personhood and, therefore, whether abortion is homicide (the killing of one
human being, person, by another) will not be easy. It is likely to take much time. What
should lawmakers and judges do in the meantime?
When they are undecided on pivotal questions
affecting two contending parties, and when they cannot avoid making a decision, tossing a
coin will not do. The only reasonable course is a time-honored one: Weigh the possible
injuries that would be imposed by a wrongful decision either way -- and then choose to
avoid the worst possibility.
When a human being's life is on the block, a
proper legal system gives the benefit of the doubt to life. This is why even advocates of
capital punishment call for stringent proof. If individuals accused of felonies get the
benefit of such doubt, why not the beings in the womb?
What possible wrongful injuries should be
considered? For the pregnant woman, it is a partial and temporary loss of liberty; for her
fetus, it is the total and permanent loss of life and therefore liberty as well.
The answer is obvious. The law should give the
benefit of the doubt to life.