The Pro-Choice Paradox

June 14, 2009

The American pro-choice movement has been mired in contradictory values and beliefs since its inception. Although the American pro-life movement certainly has its own internal conflicts, they have formulated a compelling moral narrative that drives in its favor. The pro-life statement that “life begins at the moment of conception” has conveyed a strong, moral message that has kept their movement stable since the 1960s. The pro-choice movement, on the other hand, has yet to find a single statement of purpose, which some people cite as a detriment to the achievement of the goals advocated by leaders in the movement. Instead of identifying a distinct message, pro-choice advocates have sent a wave of contradictory ones that continue to this day. What their movement has done is form arguments that derive from “self-contradictory conclusions by valid deduction from acceptable premises,” also known as paradoxes.

Just some of the contradictory views the pro-choice movement has triggered:

1) ‘Therapeutic’ abortions. Abortion advocacy started in the early 1950s when a coalition of doctors, lawyers, activists, and public health officials,  alarmed by the high death rate caused by illegal abortions, began advocating for ‘therapeutic’ abortions. That is abortions performed only in situations where the woman’s physical and mental health were at risk, including cases of rape, incest, and the likelihood of fetal deformity. The contradictory part of this is that abortion had not always been a “woman’s issue.” It was about the safety of both lives, the mother and her child.

2) NOW it’s a woman’s issue. Abortion as a matter of health and civil rights became an issue of women’s equality when the National Organization for Women (NOW) got involved in 1966. NOW began advocating “reproductive control as tantamount to abortion.” Not only did the notion of “reproductive rights” open up a can of worms, it also exposed a schism between feminists of the day.

3) Roe, row, rock the boat. By the time the Roe v. Wade decision was handed down in 1973, feminists were already split into separate camps. You had the aboriton reform advocates who agreed with NOW and campaigned for reform of abortion laws to make them less restrictive, and you had the so-called “radical feminists” for whom it was an all-or-nothing game because partial repeal meant partial equality. For these feminists Roe “represented one step forward and one back.” In Roe v. Wade, the Supreme Court ruled that a woman’s decision to have an abortion was protected by the Due Process Clause of the Fourteenth Amendment, which was different from Griswold where contraception became protected under the Ninth Amendment’s reservations of rights to the people. By also not being grounded under the Equal Protection Clause, the Roe decision opened the door to states imposing restrictions on abortion practices. (Which is exactly what has happened in the decades since.)

4) We want our privacy… kinda. The granting of abortion as a privacy right, not a public right, invites even more socio-political contradictions. Privacy is a policy that can both promote individual freedom and undermine it. This is especially true when the government gets involved in regulating it. Abortion supporters often fight to have free, or at least affordable, abortions. Many advocate for abortion to be categorized as a medical procedure so it can be covered under Medicaid for those who cannot afford it, which is a contradictory notion. Pro-choicers argue for less government intervention into women’s bodies, and yet they want the government (via tax dollars) to pay for abortions when women cannot afford them; this has brought the components of economics and race into the debate because minorities, specifically African American women, have the highest rate of unintended pregnancy. Perhaps our Founding Fathers knew that privacy is a double-edged sword and that is why they did not explicitly enumerate the right to privacy in the Constitution.

5) Right to choose? It wasn’t until after Roe v. Wade, that abortion reform activists renamed themselves as “pro-choice.” The change in semantics represented the move to protect privacy and personal freedom over the right to have an abortion. For the radical feminists thought this was exactly the problem: the debate was no longer just about abortion. The issues grappled with were now in the (even stickier) territory of gender equality and human rights. Despite becoming pro-choice, NOW continued to advocate for abortion law reform and rarely campaigned for access to maternal healthcare or childcare for woman who chose their procreative freedom. These groups continue to value women who have abortions over those who choose to carry their pregnancies to term. This begs the question: Does the “right to choose” really include the right to choose to not have an abortion?

6) Safe, legal, and rare. A common mantra among pro-choice advocates, stated by President Bill Clinton in the early 1990s and again by Senator Hillary Clinton last year during the 2008 election cycle, was to make abortion “safe, legal, and rare.” This slogan may reflect a key paradox in the pro-choice movement. Safe abortion practices, if only under extreme circumstances, are regarded as crucial by both pro-choice and pro-life advocates. Both parties believe in the sanctity of preserving life (if only the woman’s and not the fetus’s), because safety falls into moral ground. Legality and rarity, however, are a different story. Pro-choicers say they want fewer abortions, but they aim to remove all barriers (legal, financial, and geographical) in order to make abortions easier to obtain. Abortion advocates decry when an abortion clinic closes, but does that not mean that there will be fewer abortions? Fewer abortions is seen as a two-headed coin; it means couples are making better use of contraceptives, but it is also argued that some women, especially low-income minorities, have less access to abortions. If abortion services were freely available, would they not be utilized more? And if abortion is really just a simple medical procedure than why does it need to be rare?

Like same-sex marriage advocates, the pro-choice movement has made the choice to fight most their battles in the courts. Although some state restrictions on abortion have been struck down for being unconstitutional, many were upheld, including limiting public funding and use of public hospitals, informed consent, 24-hour waiting periods, and fetal rights. It is hard to see the progress supporters of abortion have made because the restrictions vary immensely from state to state. Over the years, the U.S. legal system may have ultimately undermined the pro-choice movement. We’ll have to wait and see what happens.


Article(s):
Nossiff, Rosemary. “Gendered Citizenship: Women, Equality, and Abortion Policy.” New Political Science 29.1 (Mar. 2007): 61-76.

Perez, Obama, & The Gays

June 13, 2009

Some prominent gay rights groups (and the ACLU, of course) are fed up with the way President Obama is tackling the gay marriage issue (or rather, how he is not). The Obama administration released a brief today saying that the federal Defense of Marriage Act (DOMA) is legit and stands (for now).

DOMA was signed by former President Clinton and passed by Congress in 1996. There are two parts to the legislation: 1) Defines marriage for purpose of federal law as the “legal union between one man and one woman” 2) Reiterates the Full Faith and Credit Clause of the U.S. Constitution (Article IV, Section I), which provides that states must recognize “legislative acts, public records, and judicial decisions” of other states. So basically DOMA allowed states to refuse to recognize a same-sex marriage performed in another state.

Opponents of DOMA say it’s unconstitutional because Congress over-reached its authority (way-back-when) in amending the Full Faith and Credit Clause, the law discriminates against the Equal Protection Clause, and/or the law violates the right to marriage under the Due Process Clause.

The President has made it very clear that he opposes gay marriage, and yet gay rights advocates are putting immense pressure on his administration to abolish all legislation that deters same-sex marriage. Obama said during the campaign that he opposed DOMA and would call for Congress to repeal it. Maybe he’s waiting for them. (Or maybe he hasn’t made up his mind yet.) Apparently he also scrubbed it from the White House website.

This is what the ACLU released about the brief:

When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.

I think perhaps the gays are putting to much faith in Obama doing what he promised in the campaign. He doesn’t really need their support now that he’s sitting in the Oval Office. I also think that the same-sex marriage legislation is moving too fast in one direction and the majority of the public is not ready to deal with it right now (since we have quite a lot of other things going on). The gays would make more progress in pushing their agenda if they stopped ramming lawsuits and legislation through the courts.

Gay activists, like gossip blogger Perez Hilton, have been quick to defend Obama’s position on gay marriage because they believe he will ultimately side with them. But with this news of the Obama administration holding firm on DOMA and not making any steps towards changing current policies, all bets are off. I wonder what Perez thinks of Obama now…


Article(s):
ACLU & gay groups furious: No repeal of DOMA
Gays decry Obama’s stand on gay marriage case


Resource(s):
The Library of Congress: H.R.3396
Full Faith and Credit Clause
DOMA watch

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