Tag Archives: Roe vs. Wade

Abortion Restrictions, Personhood, And The Difficult (And Absurd) Implications

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Imagine, for a moment, that an armed government officer shows up at your door and points a gun at your head. The officer informs you that for the next nine months, you will be injected with a generally non-fatal strain of flu that’ll make you feel tired, sore, and occasionally nauseous. Then, after that nine-month period is up, you’ll be given an infant child that you are henceforth responsible for.

Failure to comply with any part of that request will result in you or anyone who assists you going to prison for an extended period. You can protest it all you want. There’s no getting out of it. The government agent keeps the gun pointed at your head the entire time and if you want to avoid breaking the law, you just have to endure.

What I just described isn’t a perfect parallel to the strict abortion law recently passed by Alabama, but it helps illustrate what women are facing in light of such laws. While other parts of the world are liberalizing their abortion laws, certain parts of the United States are going in the other direction. However, the Alabama law represents a new extreme.

Now, even though I’ve discussed abortion before, I want to reiterate that I don’t like talking about this issue. It’s not because I’m a man or because I’m inherently skeptical of movements tied to organized religion. This issue affects everyone, regardless of gender. The principle alone of forcing someone to endure nine months of bodily rigor makes it relevant.

It’s for that reason that I tend to favor the pro-choice side of the debate. There are too many real-world examples of the dire consequences of a society where abortion is outright banned. I singled a former communist country one whose policy is quite similar to that of Alabama’s. However, my feelings on this issue go beyond just the consequences of these restrictive laws.

Even if I agreed with the idea that life beings at conception, I would still be in favor of keeping abortion legal in most cases. I just can’t support an effort that involves the government holding a gun to the head of women and their doctors, prohibiting them from making choices about their health and their bodies.

Now, I already know how the pro-life crowd will respond to that sentiment. They’ll point out that if life truly does begin at conception, then abortion is murder, by default. I’ll even concede that their reasoning isn’t entirely flawed. A fertilized embryo has many of the defining traits of biological life. It even has many traits we associate with personhood.

This idea that a fertilized embryo is a person makes up the bedrock of pro-life arguments. It’ll likely be the argument that’ll likely be used, should abortion access become an issue for the Supreme Court, which many pro-life groups are banking on. Considering how religious and logistical arguments rarely count much in a courtroom, this is their best bet.

There are a many flaws in the pro-life arguments, some of which I’ve touched on before, but this is the one I want to focus on because it’ll likely be cited more frequently as the debate intensifies. I believe that if abortion is ever banned in the United States, it’s because the law will recognize a fertilized embryo as a person.

However, with that distinction comes many implications, some of which lead to unavoidable inconsistencies. As the late George Carlin once so brilliantly illustrated, inconsistencies tend to reveal absurdities. To highlight just a few, here are just some of the questions that we’ll have to answer if we determine a fertilized embryo is a person.


If a fertilized embryo is a person, then at what point do identical twins become two individual persons?

This question has implications of its own. Part of the principle behind saying life begins at conception is the idea that when the sperm and egg meet, it combines to create a unique strand of human DNA, which constitutes human life. That sounds good on paper, but when identical twins enter the picture, it breaks down.

Identical twins, by definition, have the same DNA. At some point during gestation, they split into two individuals. At what point does that occur? By what basis are they distinct? If the answer to that is arbitrary, then how is saying life begins at conception any less arbitrary? Once personhood status is granted to a fetus, this will be something the law and doctors will have to answer.


If a fertilized embryo is a person, then does one that fails to implant on a woman’s uterus count as an accidental death under the law?

This happens to every sexually active woman, regardless of whether they’re in a monogamous marriage or working in a brothel. Even if an egg gets fertilized, it doesn’t always implant. The reasons for this are many, but if a fertilized egg is a person, then that still constitutes a death. As such, it would have to be treated as such under the law.

Most women don’t even know that a fertilized embryo has failed to implant. Most just end up getting flushed down a toilet, as part of their menstrual cycle. Under this legal definition of personhood, though, there’s no difference between that and flushing a live infant down a toilet. Given how Susan Smith was convicted of murder when she drowned her children, will other women face a similar sentence?


If a fertilized embryo is a person, then how does the state go about monitoring sexually active women to determine how many deaths occur because implantation did not occur?

This ties directly to the previous question. As soon as the law determines that an embryo is a person, it suddenly has a daunting challenge. It must now monitor and document every sexually active woman very closely to see how many fertilized embryos pass through her system, if only to determine how many deaths occurred inside her.

Even with advances in medical technology, it requires a level of invasiveness that even the most totalitarian state in the world can’t administer. There are over 150 million women in the United States. Is the government really equipped to monitor the activity inside every one of their wombs without breaking some very significant laws?


If a fertilized embryo is a person, then wouldn’t any woman who had a miscarriage be subject to manslaughter laws if her actions indirectly caused it?

This has already come up in a few states with restrictive abortion laws. Women who have suffered miscarriages are already being investigated as criminals. Ignoring, for a moment, the difficulty of determining whether a woman intentionally caused her miscarriage, look at it from a personal perspective.

A woman just suffers a miscarriage. She is likely distraught, distressed, and physically weakened. Now, government agents are going to treat her like a criminal and possibly prosecute her for a crime. While manslaughter is not on the same level as murder, it’s still treated as a crime and people do go to jail for it.

That means, for embryos to be considered persons, it must also be necessary to put women who suffered a miscarriage in prison. I don’t think even the most ardent pro-life adherent can comfortably stomach that.


If a fertilized embryo is a person, then would that person be legally culpable if a woman suffers complications during the pregnancy and dies?

This is somewhat a reversal of the previous question. There are occasions where pregnancy actually leads to a woman’s death. According to the Centers for Disease Control, approximately 700 women die every year in the United States due to complications during pregnancy. In the cases where the infant survives, are they somehow culpable?

If an embryo is a person, then their actions can’t be entirely distinct from that of any child. There are cases in which children get convicted of murder and are punished for it. Even if an infant cannot have intent or malice, their presence inside the woman is still the cause of the complication. That means manslaughter or wrongful death could be applicable.

I know there’s plenty of inherent absurdity in the notion of prosecuting an infant for the wrongful death of his or her mother, but if they’re going to be defined as a person, then that includes the same rights and responsibilities. To do otherwise would just be inconsistent and require the same arbitrary distinctions of which pro-life individuals are so critical.


If a fertilized embryo is a person, then would that person be culpable in the event that an identical or fraternal twin dies in utero, as can be the case in Vanishing Twin Syndrome?

A lot of things can happen inside the womb during gestation. Twins are just one of them, but there are instances where the presence of another fetus causes one to die or become unviable. Regardless of whether it involves an identical twin or a fraternal twin, the legal implications are the same. One person has died while the other has not. Like any other person, it would have to be investigated.

It could be the case that one infant hogged nutrient, causing the other to starve to death. There are also cases in which one twin will absorb the other. Technically, that would make the other baby both a cannibal and a killer. It would have to be investigated and prosecuted as such.


I concede that some of the scenarios I’ve described are absurd. That’s my underlying point. If the pro-life movement gets its way and fertilized embryos are treated as legal persons, then that has consequences that are logistically, legally, and morally untenable.

The bigger picture surrounding these questions tends to get lost among those who simply call abortion murder. However, if those same people got their way, then they would be unable to avoid these questions and their consequences.

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Why Men Should Also Be Concerned About The Future Of Roe v. Wade

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These are tenuous times for abortion rights. Regardless of your gender, there’s no getting around the news. The overall trend in abortion access is not on the path of greater accessibility. If anything, it’s going in the opposite direction.

Regardless of which side you’re on in this exceedingly divisive issue, there’s no denying the legal reality. For the past 25 years, a woman’s ability to get an abortion has steadily eroded, thanks largely to the spread of TRAP Laws. These laws may not explicitly outlaw abortion, but they make getting one inconvenient at best and impossible at worst.

As I say in every piece I write about abortion, I don’t particularly enjoy talking about abortion. This is an issue that I feel I’m woefully unqualified to talk about because I’m not a woman and will never know what it’s like to be in such a difficult situation.

That said, there is an aspect about this topic that I feel needs to be addressed and it’s a part of the issue that impacts men. It takes two to make a baby, last I checked. Even though it’s objectively true that abortion affects women more directly, men do have a role and I feel that role will expand as abortion rights trend in a less-than-liberal direction.

As I write this, the United States Supreme Court is in the midst of a huge shake-up. After the retirement of Justice Anthony Kennedy, the justice system is poised to shift heavily to the right. That has caused plenty of concerns among those who worry about the status of Roe v. Wade, the Supreme Court case that legalized abortion nationwide in 1973.

At the moment, it still seems like a long-shot for this decision to be overturned. However, Supreme Court decisions have been overturned in the past. It happened with racial segregation. It happened with anti-sodomy laws. Legally speaking, there’s no reason why it couldn’t happen with abortion.

Now, that process is fraught with a long list of political, legal, and ethical complications, the least of which would be the long-term alienation of whatever political party favors it. However, I don’t want to harp too much on the politics here. Instead, I want to focus on the social component because that’s where the effects will be most directly felt.

Women, by far, will be the most directly impacted. There are still women alive today who can recount what life was like before Roe v. Wade. Their stories are becoming more relevant. For men, however, I don’t think those stories are as well-known and for good reason. Women had to endure bearing those unwanted children. At worst, men just found themselves on the wrong end of a shotgun wedding.

If Roe v. Wade were overturned, however, that wouldn’t be the only predicament most men faced. Beyond the abortion issue, 1973 was a very different place. In that world, it was possible for a man to just skip town, run out on a pregnant woman, and never interact with her again. While that man would have to be a callous, irresponsible asshole, it was possible and it did happen.

That sort of thing isn’t as easy to do today. Anyone who has seen a single episode of Maury Povich knows that. Between social media, improvements in paternity tests, and tougher child support laws, most of which came after 1973, it’s a lot harder for a man to escape parental obligations. It’s not impossible, but it’s not as easy as just skipping town.

In a world where women cannot easily end an unwanted pregnancy, there will be greater incentive to find these reckless men and hold them responsible. Where there’s an incentive, especially one that has the potential to become a lucrative legal racket, there will be people and businesses that emerge to fill that need.

How that manifests is hard to determine, but desperate people will find a way and you won’t find many more desperate than a woman dealing with a child she can neither afford nor care for. I know a sizable contingent of people, many of which are probably men, will blame the woman for being promiscuous. That still doesn’t change the basic equation of human reproduction.

Two people are involved. Those people, in a world where decisions about a pregnancy are pre-made by the law, are going to be in a tough situation. Regardless of whether a pregnancy was the result of an accident, a crime, or an extortion plot, there will be serious ramifications and not just in terms of legal fees.

The story of women enduring the rigors and hardship of an unwanted pregnancy are many. However, the story of men living in a world without Roe v. Wade and modern child support laws haven’t been told yet because the circumstances haven’t been in place. On the day Roe v. Wade gets overturned, those stories will begin and those are stories men don’t want told.

They’re not very sexy stories, to say the least. They have sexy moments, but extremely unsexy outcomes. Picture, if you can, the following scenario that may play out in a world without Roe v. Wade.

A young man with plenty of dreams has a one-night stand with a woman in a lone act of recklessness. The woman ends up pregnant. Since they live in a state where abortion is illegal, she has to have the child. The man has no idea for months until the woman tracks him down through the courts, forces him to take a paternity test, and confirms that he’s the father.

With no say in the matter, he’s legally liable for child support for the next 18 years. The woman, without any of his input, decides to keep the child instead of putting it up for adoption. The man resents the woman for making this decision without him, but begrudgingly goes along with it, if only to avoid the stigma.

Years go by and his life becomes more of a struggle. He can barely afford to support himself due to the child support payments. He and the mother of his child are constantly at each other’s throats, going through legal battles over how much support is needed and how much access he should have to his child.

Between the legal and financial struggles, both end up in poverty. Their child ends up in poverty too, growing up in a broken home. In a world where there are few choices for women and fewer choices for men, there are plenty others.

Does that sound like an appealing, functional society? Does it sound like one that benefits men, women, and children in any capacity? You don’t need to be a liberal, conservative, or a Supreme Court Justice to understand why such a society is undesirable.

Some of this isn’t even speculation. There have been societies that have outlawed abortion completely. Those societies didn’t prosper. They didn’t benefit men, women, or children. However, the lessons from those societies will probably not faze the anti-abortion crowd. I doubt they’ll give any judges or legislators pause as they push for more restrictions.

The impact of these laws will be felt first by the women. They still bear the children. They’ll still suffer the most negative effects at first. Those effects will quickly find their way to the men, as well. Unlike the men prior to 1973, they won’t be able to escape it.

As a man, there’s only so much I can bring to the table in the abortion debate. However, given the current laws surrounding child support, child rearing, and parental rights, there are more than a few issues that should give men cause for concern. Even if you’re a man and you consider yourself anti-abortion, there’s one inescapable truth. A world without Roe v. Wade is going to impact everyone.

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