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Author Topic: Opening a Can of Worms  (Read 32067 times)

Vespertine

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Opening a Can of Worms
« Reply #125 on: March 09, 2006, 12:04:09 PM »

Quote from: reimero
I should also mention that while it's not on me to be able to carry a child to term and give birth, and thus doesn't affect me directly in that sense, there is the fact that as a male, if I were to get a woman pregnant, I have zero rights with regards to whether the child should be born, yet 100% responsibility for child support if she decides to keep the baby.  And child support doesn't magically end at age 18.  If something happens to the child and it is born with special needs, that child support could be a lifetime commitment.

As a male, I cannot coerce a woman to have an abortion, nor can I coerce her not to.  She can, however, stick me with significant problems for a very long time.  A woman may choose to abort because she can't afford the child or doesn't want to have a child out of wedlock or doesn't want the responsibility.  The man who contributed to the pregnancy has no such say, even though he is almost always financially and often emotionally vested in the decision.

I'm not saying there are any easy answers, but I am saying that it is most certainly not a woman-only issue.

Actually, I do agree with what you're saying.  Just so we're clear, I did not mean to imply that I see it as an issue that does not affect the potential father.  Personally, I would NEVER make a decision like that without getting input from the impregnator.  Ultimately though, it is the woman who has to have her body hijacked for 40 weeks, who has to squeeze that puppy out, and who has to potentially put her own life at risk (because let's face it, even today, women still die from pregnancy complications).
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TheJudge

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Opening a Can of Worms
« Reply #126 on: March 09, 2006, 12:17:30 PM »

Excellent points!

Now I'm no law expert, but I beleive that personal freedom is limited by personal rights of others. In other words, you as an individual can do what ever the hell you want as long as you don't infringe the rights of others.

In that context, the points you just brought up clearly demonstrate why the father can't just force a women to go through with the birth, and thus why the woman should have the final word.

Assuming that the unborn child is considered a human being, for the sake of arguments, and is therefore protected by the same individual rights as the mother, then the system just doesn't work. On one hand, the rights that would alow the baby to live would infringe on the personal rights of the mother who whish to have the abortion. On the other hand, if the woman makes the choice to have the abortion, the she is infringing on the individual rights of the unborn child. So we are at an impass one way or another. Therefore, I would propose the decision be based on the principle of years of service used by unions.

Two employees want the same day off, but only one can have it due to operationl reasons. Both employees share the same collective agreement, both employees are entitled to the day off, but usually, the employee who's been there the longest will get priority. Let's apply the same concept with the woman and her unborn child. She's been around the longest, she gets the final say. How about that?
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Crystalmonkey

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"Philosophy is questions that may never be answered. Religion is answers that may never be questioned." - Anonymous

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ivan

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Opening a Can of Worms
« Reply #128 on: March 09, 2006, 12:29:55 PM »

When babies are left to die in dumpsters, it does not affect me personally, but I am still against it. When thousands of innocent Iraqi civilians are killed as a result of my President's decisions, it does not affect me adversely -- in fact, it arguably benefits me. But I am still against it.

Apples and oranges is right, Judge. People who oppose abortion see it as a moral issue. People who oppose banning abortion see it as a civil rights issue. The two cannot always be reconciled.

The real culprit here is the reluctance in our society to accept the fact that there will always be accidental pregnancies. Whether the accident was out of ignorance or carelessness doesn't matter: a woman who has motherhood foisted upon her will tend to be an inferior parent. It is not good for society to have inferior parents raising troubled children.

Of course, this is not a new problem; traditional societies are full of examples of aunties and grandmas assuming responsibilities of unwilling or unfit mothers. However, our modern society has been grossly inadequate in providing an institutionalized safety net for unwanted pregnancies. Adoption is insanely difficult. The stigma and economic repercussions of single motherhood are still unacceptably high. The way our society works, abortion is often the most, and sometimes the only viable option.

Now that abortion has become a civil rights issue, it will never be completely banned. Roe v. Wade may be overturned, granting states the ability to ban abortions, but a Federal constitutional abortion ban will then have no chance in the courts: if states have the right to ban abortion, then they also have the right not to ban it.

If our society progresses in the direction I hope it does, abortion will continue to decline naturally as the pressures on women faced with unplanned pregnancies are aleviated. To me, abortions are morally repugnant, but I recognize that making abortions illegal without first making enormous reforms in how unwilling mothers and unwanted children are treated in our society will severely increase the problems faced by many women. That, too, is morally repugnant.
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Demosthenes

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Opening a Can of Worms
« Reply #129 on: March 09, 2006, 12:43:21 PM »

What it comes down to, ultimately, for me, is still the civil rights side of it.  The question of whether or not the unborn have "rights" is a matter of subjective opinion... the question of whether or not a woman has rights is not.

Based on that, regardless of how morally repugnant I may find abortion, I cannot side on the subjective, questionable rights of one entity over the rights of another whose rights are not at all in question.
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TheJudge

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Opening a Can of Worms
« Reply #130 on: March 09, 2006, 01:09:40 PM »

What if there's a court ruling and it is decided that the rights are applicable to the unborn child, then it is no longer subjective. What would your position be then?
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ivan

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Opening a Can of Worms
« Reply #131 on: March 09, 2006, 01:28:23 PM »

Quote from: TheJudge
What if there's a court ruling and it is decided that the rights are applicable to the unborn child, then it is no longer subjective. What would your position be then?


If unborn children become protected under the constitution (i.e., are defined as persons), then people's position won't matter: it will be illegal to harm or kill those persons.

That is, of course, what most anti-abortionists want: a definition in the US Constitution of unborn children as persons. Right now, there is no definition in the Constitution of what a person is. At one time, slaves were not considered to be persons under the Constitution; anti-abortionists see their battle to achieve personhood for fetuses as morally equivalent to the abolition of slavery.
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Demosthenes

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Opening a Can of Worms
« Reply #132 on: March 09, 2006, 01:40:49 PM »

Quote from: TheJudge
What if there's a court ruling and it is decided that the rights are applicable to the unborn child, then it is no longer subjective. What would your position be then?


My position is that it is still a matter of subjective belief.  You could add an amendment to the Constitution that says that the Loch Ness Monster exists, too, but that doesn't make it an objective truth.

Making the unborn full-fledged "persons" with respect to individual rights makes for a very, very complicated situation.  We get back to the level of absurdity that I brought up before, particularly where a death certificate would be required in every miscarriage, no matter how early the stage of pregnancy.

It would be nearly impossible to enforce.
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pbsaurus

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Opening a Can of Worms
« Reply #133 on: March 09, 2006, 03:11:18 PM »

Won't someone think of the fetuses!

I'm scared to have that become government's new mantra.  We have done so much all ready on behalf of the children.  OMG a child might see a nipple.  OMG a child might hear the word shit.  Massachusetts is trying to push a mandatory helmet law for youth soccer players.  Soon we'll have to put helmets on fetuses too :P

ivan

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Opening a Can of Worms
« Reply #134 on: March 09, 2006, 03:17:38 PM »

Quote from: Demosthenes

Making the unborn full-fledged "persons" with respect to individual rights makes for a very, very complicated situation.


This is why, ironically, advances in medicine might be used to define personhood under the Constitution.

But first, Demosthenes, here are Justice Blackmun's thoughts regarding the dilemma you advanced:

Quote
The appellee and certain amici argue that the fetus is a 'person' within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. On the other hand, the appellee conceded on reargument that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.

The Constitution does not define 'person' in so many words. Section 1 of the Fourteenth Amendment contains three references to 'person.' ... . But in nearly all these instances, the use of the word is such that it has application only postnatally. None indicates, with any assurance, that it has any possible prenatal application. We are not aware that in the taking of any census under this clause, a fetus has ever been counted. When Texas urges that a fetus is entitled to Fourteenth Amendment protection as a person, it faces a dilemma. Neither in Texas nor in any other State are all abortions prohibited. Despite broad proscription, an exception always exists. The exception contained in Art. 1196, for an abortion procured or attempted by medical advice for the purpose of saving the life of the mother, is typical. But if the fetus is a person who is not to be deprived of life without due process of law, and if the mother's condition is the sole determinant, does not the Texas exception appear to be out of line with the Amendment's command? There are other inconsistencies between Fourteenth Amendment status and the typical abortion statute. It has already been pointed out that in Texas the woman is not a principal or an accomplice with respect to an abortion upon her. If the fetus is a person, why is the woman not a principal or an accomplice? ... All this, together with our observation, supra, that throughout the major portion of the 19th century prevailing legal abortion practices were far freer than they are today, persuades us that the word 'person,' as used in the Fourteenth Amendment, does not include the unborn.


So there it is, from the principle author of Roe v. Wade: if the unborn are granted personhood, the legal repercussions may give pause to even the most adamant anti-abortionist.

More from Blackmun's opinion:

Quote
... it is reasonable and appropriate for a State to decide that at some point in time another interest, that of health of the mother or that of potential human life, becomes significantly involved. The woman's privacy is no longer sole and any right of privacy she possesses must be measured accordingly. Texas urges that, apart from the Fourteenth Amendment, life begins at conception and is present throughout pregnancy, and that, therefore, the State has a compelling interest in protecting that life from and after conception. 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.  


(By the way, if anyone here hasn't yet read Blackmun's Roe v. Wade opinion, I urge you to do so! I want to remind you that Roe v. Wade does NOT make abortions legal. What it does is prohibit states from banning first trimester abortions. Right now, today, in this land, states can ban late-term abortions under Roe v. Wade with impunity. I believe the reason they haven't is because until now they feared the issue would come up against a pro-abortion court, which would result in an expansion of Roe v. Wade to prohibit banning ANY abortions. But now the worm is turning.)

Blackmun asserts that our inability to determine at what point a fetus becomes a person makes any legal decisions regarding a fetus arbitrary. He does not, however, rule out the possibility that such a definition can be arrived at; only that at this time we lack the knowlege to make such a judgement. Until now, science has increasingly borne out the idea that life develops on a continuum, that there is no point at which one can be said to have become a human being without having been a human being one moment prior. Blackmun readilly acknowledges that life and personhood certainly begin some time before actual birth, but lacking a definitive starting point for life, the act of birth is the only reasonable biological event that can be used to establish personhood.

But future medical and scientific advances may change that. All that is needed is some kind of marker, maybe the development of a certain kind of brain cell necessary for cognition, or something like that. Certainly, this marker will be time-independent; its presence will be detected by tests. With that kind of stipulation, a woman seeking an abortion may be turned down based on the legal opinion that the fetus has achieved the necessary degree of personhood. A person who murders a pregnant woman may be charged on two counts of murder. A miscarriage would require a death certificate if the fetus proves to have the necessary marker. And a mother could be forced to quit smoking under second-hand smoke laws.

O brave new world.
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ivan

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Opening a Can of Worms
« Reply #135 on: March 09, 2006, 03:25:55 PM »

Quote from: pbsaurus
Won't someone think of the fetuses!

I'm scared to have that become government's new mantra.  We have done so much all ready on behalf of the children.  OMG a child might see a nipple.  OMG a child might hear the word shit.  Massachusetts is trying to push a mandatory helmet law for youth soccer players.  Soon we'll have to put helmets on fetuses too :P


Fetus helmets...

I think I just figured out how I'm going to make my first million!
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Opening a Can of Worms
« Reply #136 on: March 09, 2006, 03:31:35 PM »

You're thinking too small, just bribe the, um I mean make some well placed "campaign contributions", and get Congress to require helmets for every fetus, just like they do car seats for children.  What's the height limit on those now, something like 4 and a half feet?

Hell, you could have specs, such that the helmets will have to be replaced as the fetus out grows them.  It worked for the car seat manufacturers...

ivan

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Opening a Can of Worms
« Reply #137 on: March 09, 2006, 03:32:03 PM »

And the beauty of it is, the product is already out there! No R&D or retooling necessary!





I just need to market them to a whole new demographic!

BRILLIANT IDEA, PB!!!

How does 10% sound?
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pbsaurus

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Opening a Can of Worms
« Reply #138 on: March 09, 2006, 03:34:37 PM »

10% of a multi-billion market?  Count me in!

Demosthenes

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Opening a Can of Worms
« Reply #139 on: March 09, 2006, 03:43:46 PM »

Quote from: ivan
--[snip]--
(By the way, if anyone here hasn't yet read Blackmun's Roe v. Wade opinion, I urge you to do so!


I have done so, and I found it to be very enlightening.

Quote
--[snip]-- And a mother could be forced to quit smoking under second-hand smoke laws.

O brave new world.


Not only that, but how many miscarriages occur due to malnutrition or just improper nutrition?  Excessive exertion?  Accidental falls?  Alcohol consumption early in pregnancy?

How many such cases could then lead to manslaughter charges due to "negligent homicide"?

And assuming said marker is early enough, how can one enforce this if nobody but the mother knows she's pregnant?  Required weekly pregnancy tests for all fertile females?  Written affidavits?

Bedroom cameras?

O brave new world, indeed.

Again, I contend that this would be very nearly unenforceable.  And if it were enforceable, the lengths one would be required to go to in order to do so would be far, far worse in terms of impact on individual rights (again, impacting the rights of entities whose rights are currently NOT in question).

In short, if you'll pardon the phrase, it'd be "throwing the baby out with the bathwater".
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ivan

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Opening a Can of Worms
« Reply #140 on: March 09, 2006, 03:46:28 PM »

Quote from: Demosthenes

In short, if you'll pardon the phrase, it'd be "throwing the baby out with the bathwater".


Why do I get the feeling that this entire thread has been one long setup for that?
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ivan

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Opening a Can of Worms
« Reply #141 on: March 09, 2006, 03:48:57 PM »

Great. Now I'm a Flopper. May I ask what the biological marker for that is? At what point did I become a Flopper, where one moment prior I was not? I liked it better when I was a Buffon.
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Demosthenes

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Opening a Can of Worms
« Reply #142 on: March 09, 2006, 03:48:57 PM »

Quote from: ivan
Quote from: Demosthenes

In short, if you'll pardon the phrase, it'd be "throwing the baby out with the bathwater".


Why do I get the feeling that this entire thread has been one long setup for that?


All right, you've got me.


I'm so embarrassed.   :oops:
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