It seems to me a good idea for our laws to be based on truth. If the meaning of “miles per hour” is ambiguous, I would want to find the true definition of miles and hour rather than arbitrarily setting up some other explanation. No argument about how an accurate definition of miles would infringe my freedom to drive as fast as I wanted should be considered. We might change the law to increase the speed limit if that is our argument, but we cannot keep the existing law and just lie about what all the words mean.
Personhood is such an issue. We have a law that guarantees life and due process to all persons. If we don’t like that law, we can try to change it so that not all persons are so guaranteed. (That law, incidentally, is based on a moral judgment that murder is wrong. Many of our laws are enforcement of morality.) What we cannot do is alter the definition of a person to mean something that it truly does not. Defining the word “person” to include my rocking chair would be absurd. Including my pet would be a stretch not intended by those who wrote the law. Excluding my neighbor with freckles is dishonest. Saying that my neighbor in the womb is less of a person than me is too arbitrary to be good science or good law.
Some would argue that the truth reflected in our laws should be based on precedent. This breaks down for a number of reasons. First, we have the problem of where the very first precedents got their truth. History does not record an eternal list of precedents. Secondly, we can point to many court rulings that have been made by liars, self-serving judges who refused to acknowledge the truth. For example, see the slavery decision Dred Scott. Finally, precedents can (and sometimes should) be overturned. The “landmark” ruling that made abortion legal throughout the USA, Roe v. Wade, overturned many state laws that had been in existence for years. It wasn’t that the question of reproductive rights had never been in court before; this was simply the first time the Supreme Court said abortion was a mother’s “right.” (I must specify that it was seen as a woman’s right, not a man’s right or a baby’s right – which is important. Roe v. Wade rests in the supposition that the baby is actually a part of the mother, thus giving her special privileges to end his life. US law does not give a man the right to decide a mother must abort. In fact, it will punish those criminals who assault a preborn child. Nor does the legal system ask the baby, who is demonstrably a separate entity from his mother, whether he wants to be aborted, or acknowledge his right to life. This is what Personhood seeks to amend.)
Another supposed basis for the truth of our laws is democracy. What does the majority believe or want? While our government is set up as a participatory representative system, where the voice of the people influences the leaders making the laws and even at times the laws themselves, this is arguably not the best means for ensuring justice. The majority has sometimes voted for terrorist governments. Or for slavery. Hitler got his first foothold of power through democracy. A majority of people once believed the world was flat. We human beings are special, but not powerful enough to mold truth as we wish it was. Republics like ours, the founding fathers warned us, are only sustainable, only free, if they are comprised of a moral citizenry. The people must acknowledge a standard outside of themselves, and align with that, for freedom and justice to exist.
Can science be used to decide such a moral and philosophical question as what constitutes life or personhood? We already have these philosophical terms in our law. These words have been applied to at least some groups of humanity since the law was written. No one disputes that the word “person” applies to a large part of humanity (always including the one making the judgment). And here comes science, demonstrating that there is no significant, meaningful difference between one group of human beings and another. Science can demonstrate that skin color is not a factor in personhood. Size does not make person more of a person. In fact, science can tell us that a human being has the same unique DNA from the moment of conception, at their birth, as they grow from infants to adolescents to fully-formed adults, even as they age and their health declines.
Any lines that have been proposed distinguishing one class of human beings as non-persons have been arbitrary. Every person needs two things to continue living: nourishment and defense from violence. The fertilized egg, the single-celled human embryo, needs only these things to develop into an adult. An infant 1 year of age is still very dependent on his parents for the necessary nourishment and protection. But given these things, he will grow into a man. A young woman has to go through puberty to give her the hourglass shape associated with womanhood (and the ability to reproduce). Where do you draw the line? Which of these stages begins personhood?
In the history of this debate, the line of personhood has been suggested to begin:
– at some point after birth when the baby is still dependent on his parents. (If we draw the line at 3 months, was he less of a human the 24 hours before he was 3 months? Honestly?)
– at the first breath of air. (Are humans receiving CPR or on ventilators not people? What about the pre-mi’s born and kept alive for months by artificial breathing machines, to be weaned off when their lungs developed fully?)
– when the baby completely leaves the womb – birth. (Ten inches decides the identity of a human being? There have been surgeries performed on preborn babies that involve removing the infants from the womb and then returning them there. Are they people while out of the womb, then non-people again? What has changed in the baby?)
– at viability. (Come What May, a film produced by the students at Patrick Henry College, makes the point that when we talk about viability, we are talking about viability sustained by human inventions. Most babies are viable in the womb. When we talk about viability, though, we disqualify that means of life support and substitute our own. Man is not better than God at providing a hospitable environment for the youngest among us. Even aside from that argument, our technology is improving. A child who was not viable outside the womb 20 years ago might be now. Nothing changed in the abilities or nature of the children. We changed.)
– when the mother can first detect movement – sometimes called “quickening.” (Some mothers are more sensitive to the movement of their child than others. Body shape and other factors might contribute to missing the first sensations of motion. Also, some preborn babies move less or less emphatically than others. We know from scientific experience that the baby is moving: swimming – from day one when he moves to the uterus!, kicking, waving, turning, changing facial expressions. Again, this line is not dependent on the nature of the being inside the mother.)
– at the beginning of biological development – called fertilization or conception. (At this point a new life is begun. Already his DNA has determined his features, his gender, his blood type – all of which can be different from his mother’s. Before this moment, more was needed than nourishment and protection. After this he will grow at his own body’s initiative and direction.)
All but the last “line” are arbitrary – as arbitrary as me deciding you were not a person because you live in the country, or because your skin is a different color from mine, or because I can whistle and you can’t (actually, I can’t), or worse: if I can’t hear you whistle even when you are. Science and a bit of logic can recognize that there is no objective difference between adults like us and the kids who are so needy and the preborn. Draw the line at conception. Anything else is discrimination.
One more point I’d like to address is the legal objection many put forward. In most abortion laws, pro-abortion activists push for “exceptions,” when a baby may still be killed. They say that oh yes, abortion is a tragedy and we want it to be rare. But surely there are bigger tragedies that abortion could solve: rape, incest, the life of the mother.
Regarding the “life of the mother” exception: our definition of person begins at conception. It doesn’t end at birth. This definition includes mothers. The life of the baby is not, by this truth-reliant definition, more or less important than the mother’s. Doctors and parents would be legally required to treat that baby as a person, without treating the mother as a non-person. That’s the answer to the most common “life of the mother” clause. No exception is necessary in the wording used by Personhood groups, because they affirm the right of the mother to life as well as the right of the baby.
But there are other “exceptions” argued for. These tragedies are chosen for the exception list emotionally. Why not include in the list: financial incompetence, household over-population, genetic deformity? And if you go that far, why not make exceptions for gender, for the mom’s busy career, for her relationship with the father? I’m not saying that everyone pushing for a few exceptions wants all of these exceptions. My goal is to make it obvious that to be consistent in their reasoning, they should include all of these exceptions. In every case the baby is a person.
That’s why I want to finish by asking you a few questions:
– Is a human being not a person if her father is a rapist? Is a 3 year old not a person if her father is a rapist? Do you have less rights if your father was a rapist?
– Is a human being not a person if his mother gets cancer? Is a 3 year old not a person if his mom gets cancer? Do you have less rights if your mother gets cancer?
– Is a human being not a person if he and his mother are in danger and only one of them can be rescued? Is a 3 year old not a person if he and his mother are in danger and only one of them can be rescued? Do you have less rights if you and your mother are in danger and only one of you can be rescued?
To God be all glory,
Lisa of Longbourn
Lisa of Longbourn 