Tag: Politics

Good Reading: Conscience Clause for Abortion Providers?

~ Evan Lenow

Should abortion providers be protected by a conscience clause ensuring they are not “marginalized” for providing abortions? This idea has been proposed by Dr. Lisa Harris of the University of Michigan. Richard Doerflinger responds to this question in a recent article on the Public Discourse. Here are some of the highlights:

[L]et us concede that most other conscience laws, at the state and federal level, speak only of a conscience right not to assist or perform abortions (and sometimes other procedures such as sterilization). Why haven’t Dr. Harris’s allies in Congress also fought over the last four decades to make these laws double-edged?

The most obvious answer is that they have seen no need to do so, because, as our highest court proclaimed in 1973, those who want to perform abortions already have the freedom to act as they wish. The Supreme Court’s ruling in Roe v. Wade, reaffirmed in cases such as Planned Parenthood v. Casey (1992), has barred government at any level from prohibiting (or as Casey says, imposing an “undue burden” on) a woman’s decision to have an abortion, or a doctor’s decision to perform that abortion, at any time up to fetal viability. Even after viability, the doctor must be free to decide that an abortion is needed for the woman’s “health” (defined to include all factors—including physical, emotional, psychological, familial, and the woman’s age—relevant to her “well-being”), and act accordingly.

Conscience laws have been needed since 1973 precisely because this new “right” of abortion seemed so absolute, so sweeping, that its proponents insisted it should be enforced as a kind of entitlement: When a woman wants an abortion, doctors and hospitals that disagree must abandon their own consciences and serve her wish. Congress and the vast majority of states responded to this claim, in the years following Roe, to affirm that the law’s protection of the woman’s decision does not deprive everyone else of their rights.

Some believe that a doctor’s refusal to perform an abortion forces a woman to act against her will. Doerflinger responds:

By contrast, if government or my employer makes me agree to do something my conscience tells me is gravely wrong, I must directly violate that negative norm—for example, the norm against killing the innocent. I have sacrificed my moral integrity. I have made myself, in my own moral judgment, into a person who kills. It is absurd to say to a pro-life physician: “No problem. You can still refuse to do an abortion next week, or at your medical practice down the road.” Further, if a doctor stands by his or her conscientious refusal, that infringes no one else’s conscience: It simply takes this doctor out of the picture, and forces no one else to do anything at all.

Someone might say: Yes it does. It forces the woman to seek her abortion elsewhere. But that is simply false. The doctor is not making her seek an abortion at all, and may be perfectly willing to offer assistance that in the doctor’s judgment is much better than abortion for the health of her and her child.

Finally, Doerflinger states that the government’s interest is not in maximizing abortions but in protecting life (even though that may not seem to be the case on the surface). He states:

No national governmental body—whether legislative or judicial—has said that government has an interest in maximizing abortions. Nor does public opinion support such a claim, as most Americans (male and female) generally describe themselves as “pro-life,” and few people say there should be more abortions than there already are.

On this point the Supreme Court’s own stance is widely misunderstood. Since 1973 the Court has ruled that government generally may not prohibit abortion. But it also has consistently acknowledged government’s legitimate secular interest in “encouraging childbirth over abortion.” And it has said this interest justifies bans on public funding of abortion, and a variety of regulations and restrictions that fall short of a ban on abortion.

In upholding a ban on federal abortion funding, the Court explained the government’s interest this way: “Abortion is inherently different from other medical procedures, because no other procedure involves the purposeful termination of a potential life” (Harris v. McRae, 1980). This cryptic reference to the unborn as having a “potential life,” a term with no clear meaning, has given way in later cases to a straightforward recognition that by regulating abortion “the State . . . may express profound respect for the life of the unborn” (Planned Parenthood v. Casey, 1992) (emphasis added).

In its most recent abortion decision, Gonzales v. Carhart (2007), the court upheld a federal ban on partial-birth abortion, a law that it said “expresses respect for the dignity of human life.” Here the justices reaffirmed government’s “legitimate interests in regulating the medical profession in order to promote respect for life, including life of the unborn.”

In short, our laws—and even the Supreme Court’s jurisprudence—do not treat performing an abortion as something that is just as good or “conscientious” as delivering a live baby instead. Government has an interest in promoting the latter and discouraging the former. Lawmakers have no constitutional mandate, and the public has no desire, to treat them as morally equivalent.

The entire article is worth your time, especially as we approach the 40th anniversary of the Roe v. Wade decision on January 22.

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Richard M. Doerflinger, “Conscientious Abortions? We Don’t Need Laws Protecting Abortionists,” The Public Discourse, January 16, 2013.

Government, Religious Liberty, and Women’s Health

~ Evan Lenow

There is an excellent article posted today on Public Discourse by Helen Alvare addressing the issues of government, religious liberty, and women’s health. Here are some of the highlights.

On the issue of the administration’s campaign targeting women:

The result is an administration—led by men, but fronted by women—blatantly in favor of the view that to be “for women” (and to be super cool), you should support casual sex and the free contraception that facilitates it. The Obama campaign’s real message about the HHS mandate translates as follows: If you object to coercing religious institutions into sponsoring free contraception, you are no friend to women.

On the threat to religious liberty:

Any American citizen or institution that visibly opposes this powerful alliance might realistically worry about its future. This is new for Christians in America. In decades past, only the most extremist abortion interest groups—e.g., Planned Parenthood and the National Abortion Rights Action League—visibly denounced the beliefs and practices of Christian churches regarding human sexuality, marriage, and family. But today, these groups command the prime-time podium at the Democratic National Convention, and count the president of the United States as their closest political ally.

On the challenge for Christians:

Instead, for the good of women and the good of society, Christians must engage in a hard conversation: what does women’s freedom truly include? Christian citizens, Catholics in particular, must explain why their witness on contraception contributes to, and doesn’t derogate, women’s long-term flourishing. These conversations must certainly deal with the world as it is—culturally, politically—but can never forget to speak of the world as it ought to be, the world parents hope to leave to their daughters and sons.

Christian churches need to be frank about what they are proposing concerning sex, parenting, and marriage. They shouldn’t hide the ball; that rightly infuriates people. And they should especially remember those people who often slip through the cracks, who are forgotten or ignored by the alliance of Planned Parenthood and the federal government: our poorest and least educated fellow citizens who suffer the most from the loss of a healthy marriage culture.

I’d like to encourage you to read the entire article. It appears that it will also include two more follow-up pieces in the days to come. You can find the article here.

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Helen Alvare, “Planned Parenthood and the Government v. Religious Liberty and Women’s Wellbeing,” Public Discourse, December 4, 2012.

The Inconsistent Logic of Abortion Rights Advocates

~ Evan Lenow

During last week’s debate between Vice President Joe Biden and GOP Vice President nominee Paul Ryan, the moderator asked a very interesting question. Basing her question on the fact that both Biden and Ryan are Catholic, Martha Raddatz asked the candidates to explain how their faith impacts their politics, especially related to the issue of abortion. The answers were perhaps surprisingly similar in their foundation but vastly different in their application.

Congressman Ryan stated that he believed life begins at conception, which is in keeping with Catholic doctrine. He declared that he cannot separate his faith from his politics on the issue of abortion. Therefore, Ryan concluded that the policies of a Romney-Ryan administration would oppose abortion except in cases of rape and incest. It should be noted, however, that Ryan had stated previously his personal beliefs even oppose abortion in cases of rape and incest.

Vice President Biden offered a very similar response regarding the beginning of life. He acknowledged agreement that life begins at conception as a de fide doctrine of the Catholic Church. However, he went on to declare that he cannot force his morality on someone else and that a woman has the right to do as she wishes with her own body.

I doubt many people were shocked by the answers that Biden and Ryan offered. Some may have been surprised that Vice President Biden believes life begins at conception, and others may have been intrigued that Ryan did not espouse his personal views on abortion in cases of rape and incest. However, the general tenor of the answers held to firmly established party platforms for each candidate.

In the midst of this debate, I find it interesting that little evaluation has been offered of the inconsistency of Mr. Biden’s argument. There are two key elements of his answer that contradict many of his other political goals—absolute autonomy and the refusal to impose his own morality.

The argument for autonomy is common in the abortion debate. It generally takes the following form. A woman has the right to do with her body as she pleases. Her right to privacy and free choice trumps any other right. No one can tell her what she can and cannot do. Thus, a woman should have the right to have an abortion for any reason. This is the effect of the collective Supreme Court rulings of Roe v. Wade and Doe v. Bolton in 1973.

There is logical and political inconsistency in this position, however, for Mr. Biden. This argument is libertarian in nature and begs the question of complete autonomy in every aspect of life. For example, Mr. Biden (and pro-choice advocates in general) desire to see abortion on demand with no questions asked of the woman involved. She should be completely free to choose abortion for herself. Yet, there are a number of “choices” limited by government restrictions that contradict the logic of this argument. In most states, a young woman under the age of 18 cannot get a tattoo. Even if she has parental consent, states like California, Illinois, New Hampshire, New York, Rhode Island, Tennessee, Texas, and Washington make the tattooing of a minor a crime. In these states, parental consent cannot even trump the law to allow a minor to receive a tattoo.

By contrast, New York City is piloting a program in 13 of their public schools to make Plan B, the “morning-after pill,” available to young women without parental consent. Therefore, a fifteen-year-old girl cannot get a tattoo, but she can get an abortion-inducing drug. I ask the question, is she completely autonomous? Is the government telling her that she cannot do with her body as she chooses? Why does it apply to tattoos but not abortion?

This libertarian argument can be extended to several other areas that are restricted or outlawed by the government. You cannot buy a non-diet soda larger than 16 ounces in New York City. A host of drugs are illegal, not only to buy or sell but even to possess. Marriage laws forbid a person from marrying his/her siblings and first cousins. Government even restricts the number of people one can marry. In each of these cases, government has said that you are not free to do with your body as you wish. If Mr. Biden and other abortion rights advocates want to be consistent, they must disavow laws like these as well. However, I imagine that government officials could make a reasonable case for such laws to be on the books. Thus, their inconsistency is exposed.

The other part of Mr. Biden’s response relates to the idea that he is unwilling to impose his morality on someone else. This is egregiously inconsistent for anyone involved in government. The role of laws established by government is the imposition of morality on others. Laws that prohibit murder, theft, fraud, and slander impose someone’s morality on the rest of society. In fact all laws impose morality. For the argument of abortion rights advocates to be consistent, one has to accept moral anarchy. Everyone should be able to do what is right in his own eyes.

Abortion rights advocates claim that they do not want morality imposed on them, but they are willing accept the imposition of their own morality on others. The recent birth control mandate added to the Affordable Care Act (ObamaCare) imposes abortion rights morality on everyone by requiring that insurance companies supply birth control to all individuals covered at no charge to the patient. This mandate includes abortion-inducing drugs, such as Plan B and Ella. If abortion rights advocates are so opposed to the imposition of morality on others, they should oppose this mandate as well.

As seen in the examples above, the logic of abortion rights advocates in inconsistent. Without even considering the merit of their arguments, one can see that they are unable to apply their logic universally.

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Kiran Khalid and Greg Botelho, “New York program allowing teens to get Plan B pill draws critics, defenders,” CNN, September 25, 2012.

That We May Lead a Tranquil and Quiet Life

~ Evan Lenow

It often seems easy in this political season to get frustrated with our elected leaders. We critique everything they say. We consider the “what-if’s” of change. We get angry at political ads. We may even express frustration to someone during a telephone survey. However, I was reminded this morning of something we need to do regularly for our government leaders–pray.

In 1 Timothy 2:1-2, Paul writes,

First of all, then, I urge that entreaties and prayers, petitions and thanksgivings, be made on behalf of all men, for kings and all who are in authority, so that we may lead a tranquil and quiet life in all godliness and dignity.

This was a reminder to me that I can do more than talk about our elected officials–I can pray for them. Here are some ideas for praying for our leaders.

1. Pray for their salvation.
2. Pray for wisdom.
3. Pray that they would seek God’s will.
4. Pray that they would honor God in their decisions.
5. Pray that their decisions would lead to peace and tranquility for those under their authority.

I hope this passage stirs you to prayer as it did me this morning.

Professor Regnerus Exonerated by University of Texas

~ Evan Lenow

Over the summer, Professor Mark Regnerus (University of Texas at Austin) published a paper noting some negative outcomes for children of parents who had same-sex relationships compared to children from biologically intact families. His findings contradict previous research based on much smaller sample sizes that claimed there was no difference in children raised in traditional families and those raised by parents in same-sex relationships. Immediately after the paper was published, Regnerus faced a firestorm of criticism that culminated in formal allegations of scientific misconduct by a blogger known for promoting a homosexual agenda. The University of Texas initiated a formal inquiry, and the results have been made public–there is insufficient evidence to warrant a formal investigation.

Reading the official report from the University sheds clear light on the issue. In part, the report states:

None of the allegations of scientific misconduct put forth by Mr. Rose were substantiated either by physical data, written materials, or by information provided during the interviews. In brief, Mr. Rose believed that the Regnerus research was seriously flawed and inferred that there must be scientific misconduct. However, there is no evidence to support that inference.

While much has been said about the accusations against Regnerus, little has been reported about his exoneration. In essence, unsubstantiated allegations were made against Regnerus by someone who disagreed with his conclusions. Based on his disagreement, Mr. Rose sought to have Regnerus disciplined or even removed from the faculty. While the inquiry was most certainly a burden to the professor, I am sure he is thankful that the integrity of his research was upheld.

Given the scope of Regnerus’ research and the controversial conclusions, I am sure his findings will be debated in the future. However, it should be made clear that any attempt to discredit him or his research on the basis of politics has been declared as unsubstantiated.

I am thankful for Mark Regnerus and his work showing the impact of same-sex parents on children and the value of traditional marriage and family structures for children and society at large.

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“Regnerus Inquiry Report,” University of Texas at Austin, August 24, 2012.

“University of Texas at Austin Completes Inquiry into Allegations of Scientific Misconduct,” University of Texas at Austin, August 29, 2012.

Jennifer Marshall, “Case Closed at UT Austin: Regnerus Exonerated,” The Foundry, August 31, 2012.

Mark Regnerus, “How different are the adult children of parents who have same-sex relationships? Findings from the New Family Structures Study,” Social Science Research 41 (2012): 752-770.