Inconvenient Lives
Robert H. Bork
Copyright
(c) 1996 First Things 68 (December 1996): 9-13.
Judging from the evidence, Americans do not view human life as sacrosanct.
We engage in a variety of activities, from driving automobiles to constructing
buildings, that we know will cause deaths. But the deliberate taking of
the life of an individual has never been regarded as a matter of moral
indifference. We debate the death penalty, for example, endlessly. It seems
an anomaly, therefore, that we have so easily accepted practices that are
the deliberate taking of identifiable individual lives. We have turned
abortion into a constitutional right; one state has made assisted suicide
a statutory right and two federal circuit courts, not to be outdone, have
made it a constitutional right; campaigns to legalize euthanasia are underway.
It is entirely predictable that many of the elderly, ill, and infirm will
be killed, and often without their consent. This is where radical individualism
has taken us.
When a society revises its attitude toward life and death, we
can see the direction of its moral movement. The revision of American thought
and practice about life questions began with abortion, and examination
of the moral confusion attending that issue helps us understand more general
developments in public morality.
The necessity for reflection about abortion does not depend on,
but is certainly made dramatic by, the fact that there are approximately
a million and a half abortions annually in the United States. To put it
another way, since the Supreme Court's 1973 decision in Roe v. Wade,
there have been perhaps over thirty million abortions in the United States.
Three out of ten conceptions today end in the destruction of the fetus.
These facts, standing alone, do not decide the issue of morality, but they
do mean that the issue is hugely significant.
The issue is also heated, polarizing, and often debated on both
sides in angry, moralistic terms. I will refrain from such rhetoric because
for most of my life I held a position on the subject very different from
the one I now take. For years I adopted, without bothering to think, the
attitude common among secular, affluent, university-educated people who
took the propriety of abortion for granted, even when it was illegal. The
practice's illegality, like that of drinking alcohol during Prohibition,
was thought to reflect merely unenlightened prejudice or religious conviction,
the two being regarded as much the same. From time to time, someone would
say that it was a difficult moral problem, but there was rarely any doubt
how the problem should be resolved. I remember a woman at Yale saying,
without any disagreement from those around her, that "The fetus isn't nothing,
but I am for the mother's right to abort it." I probably nodded. Most of
us had a vague and unexamined notion that while the fetus wasn't nothing,
it was also not fully human.* The slightest reflection would have suggested
that non- human or semi-human blobs of tissue do not magically turn into
human beings.
Qualms about abortion began to arise when I first read about fetal
pain. There is no doubt that, after its nervous system has developed to
a degree, the fetus being dismembered or poisoned in the womb feels excruciating
pain. For that reason, many people would confine abortion to the early
stages of pregnancy but have no objection to it then. There are, on the
other hand, people who oppose abortion at any stage and those who regard
it as a right at any stage up to the moment of birth. But in thinking about
abortion-especially abortion at any stage-it is necessary to address two
questions. Is abortion always the killing of a human being? If it is, is
that killing done simply for convenience? I think there can be no doubt
that the answer to the first question is, yes; and the answer to the second
is, almost always.**
The question of whether abortion is the termination of a human
life is a relatively simple one. It has been described as a question requiring
no more than a knowledge of high school biology. There may be doubt that
high school biology courses are clear on the subject these days, but consider
what we know. The male sperm and the female egg each contains twenty-three
chromosomes. Upon fertilization, a single cell results containing forty-six
chromosomes, which is what all humans have, including, of course, the mother
and the father. But the new organism's forty-six chromosomes are in a different
combination from those of either parent; the new organism is unique. It
is not an organ of the mother's body but a different individual. This cell
produces specifically human proteins and enzymes from the beginning. Its
chromosomes will heavily influence its destiny until the day of its death,
whether that death is at the age of ninety or one month after conception.
The cell will multiply and develop, in accordance with its individual
chromosomes, and, when it enters the world, will be recognizably a human
baby. From single-cell fertilized egg to baby to teenager to adult to old
age to death is a single process of one individual, not a series of different
individuals replacing each other. It is impossible to draw a line anywhere
after the moment of fertilization and say before this point the creature
is not human but after this point it is. It has all the attributes of a
human from the beginning, and those attributes were in the forty-six chromosomes
with which it began. Francis Crick, the Nobel laureate and biophysicist,
is quoted as having estimated that "the amount of information contained
in the chromosomes of a single fertilized human egg is equivalent to about
a thousand printed volumes of books, each as large as a volume of the Encyclopedia
Britannica." Such a creature is not a blob of tissue or, as the Roe
opinion so felicitously put it, a "potential life." As someone has
said, it is a life with potential.
It is impossible to say that the killing of the organism at any
moment after it originated is not the killing of a human being. Yet there
are those who say just that by redefining what a human being is. Redefining
what it means to be a human being will prove dangerous in contexts other
than abortion. One of the more primitive arguments put forward is that
in the embryonic stage, which lasts about two months after conception,
the creature does not look human. One man said to me, "Have you ever seen
an embryo? It looks like a guppy." A writer whose work I greatly respect
refers to "the patently inhuman fetus of four weeks." A cartoonist made
fun of a well-known anti-abortion doctor by showing him pointing to the
microscopic dot that is the zygote and saying, "We'll call him Timmy."
It is difficult to know what the appearance of Timmy has to do with the
humanity of the fetus. I suspect appearance is made an issue because the
more recognizably a baby the fetus becomes, the more our emotions reject
the idea of destroying it. But those are uninstructed emotions, not emotions
based on a recognition of what the fetus is from the beginning.
Other common arguments are that the embryo or fetus is not fully
sentient, or that it cannot live outside the mother's womb, or that the
fetus is not fully a person unless it is valued by its mother. These seem
utterly insubstantial arguments. A newborn is not fully sentient, nor is
a person in an advanced stage of Alzheimer's disease. There are people
who would allow the killing of the newborn and the senile, but I doubt
that is a view with general acceptance. At least not yet. Equally irrelevant
to the discussion is the fact that the fetus cannot survive outside the
womb. Neither can a baby survive without the nurture of others, usually
the parents. Why dependency, which lasts for years after birth, should
justify terminating life is inexplicable. No more apparent is the logic
of the statement that a fetus is a person only if the mother values its
life. That is a tautology: an abortion is justified if the mother wants
an abortion.
In discussing abortion, James Q. Wilson wrote, "The moral debate
over abortion centers on the point in the development of the fertilized
ovum when it has acquired those characteristics that entitle it to moral
respect." He did not, apparently, think the cell resulting from conception
was so entitled. Wilson gave an example of moral respect persisting in
difficult circumstances: "An elderly man who has been a devoted husband
and father but who now lies comatose in a vegetative state barely seems
to be alive, . . . yet we experience great moral anguish in deciding whether
to withdraw his life support." In response, my wife was moved to observe,
"But suppose the doctor told us that in eight months the man would recover,
be fully human, and live a normal life as a unique individual. Is it even
conceivable that we would remove his life-support system on the ground
that his existence, like that of the fetus, is highly inconvenient to us
and that he does not look human at the moment? There would be no moral
anguish but instead a certainty that such an act would be a grave moral
wrong."
It is certainly more likely that we would refuse to countenance
an abortion if a sonogram showed a recognizable human being than if only
a tiny, guppy-like being appeared. But that is an instinctive reaction
and instinctive reactions are not always the best guide to moral choice.
Intellect must play a role as well. What if biology convinces us that the
guppy-like creature or the microscopic fertilized egg has exactly the same
future, the same capacity to live a full human life, as does the fetus
at three months or at seven months or the infant at birth? "It is difficult
to see," my wife added, "that the decision in the imagined case of the
comatose elderly man who in time will recover is different from the abortion
decision." In both cases, it is only a matter of time. The difference is
that the death of the elderly man would deprive him of a few years of life
while the aborted embryo or fetus loses an entire lifetime.
The issue is not, I think, one of appearance, sentience, or anything
other than prospective life that is denied the individual by abortion.
In introductory ethics courses, there used to be a question put: If you
could obtain a hundred million dollars by pressing a button that would
kill an elderly Chinese mandarin whom you had never seen, and if nobody
would know what you had done, would you press the button? That seems to
me the same issue as the abortion decision, except that the unborn child
has a great deal longer to live if you don't press that particular button.
Most of us, I suspect, would like to think we would not kill the mandarin.
The characteristics of appearance, sentience, ability to live without assistance,
and being valued by others cannot be the characteristics that entitle you
to sufficient moral respect to be allowed to go on living. What characteristic
does, then? It must lie in the fact that you are alive with the prospect
of years of life ahead. That characteristic the unborn child has.
That seems to me an adequate ground to reject the argument made
by Peter Singer last year in the London Spectator that supports
not only abortion but infanticide. He writes that it is doubtful that a
fetus becomes conscious until well after the time most abortions are performed
and even if it is conscious, that would not put the fetus at a level of
awareness comparable to that of "a dog, let alone a chimpanzee. If on the
other hand it is self-awareness, rather than mere consciousness, that grounds
a right to life, that does not arise in a human being until some time after
birth."
Aware that this line leaves out of account the potential of the
child for a full human life, Singer responds that "in a world that is already
over-populated, and in which the regulation of fertility is universally
accepted, the argument that we should bring all potential people into existence
is not persuasive." That is disingenuous. If overpopulation were a fact,
that would hardly justify killing humans. If overpopulation were taken
to be a justification, it would allow the killing of any helpless population,
preferably without the infliction of pain.
Most contraceptive methods of regulating fertility do not raise
the same moral issue as abortion because they do not permit the joining
of the sperm and the egg. Until the sperm and the egg unite, there is no
human being. Singer goes on to make the unsubstantiated claim that "just
as the human being develops gradually in a physical sense, so too does
its moral significance gradually increase." That contention is closely
allied to the physical appearance argument and is subject to the same rebuttal.
One wonders at measuring moral significance by physique. If a person gradually
degenerated physically, would his moral significance gradually decline?
Many who favor the abortion right understand that humans are being
killed. Certainly the doctors who perform and nurses who assist at abortions
know that. So do nonprofessionals. Otherwise, abortion would not be smothered
in euphemisms. Thus, we hear the language of "choice," "reproductive rights,"
and "medical procedures." Those are oddly inadequate terms to describe
the right to end the life of a human being. It has been remarked that "pro-choice"
is an odd term since the individual whose life is at stake has no choice
in the matter. These are ways of talking around the point that hide the
truth from others and, perhaps, from one's self. President Clinton speaks
of keeping abortion "safe, legal, and rare." Why rare, if it is merely
a choice, a medical procedure without moral problems?
That there are severe moral problems is becoming clear even to
many who favor abortion. That is probably why, as Candace C. Crandall observed
last year in the Women's Quarterly, "the morale of the pro- choice
side of the abortion stalemate has visibly collapsed." The reason: "Proponents
of abortion rights overcame Americans' qualms about the procedure with
a long series of claims about the benefits of unrestricted abortion on
demand. Without exception, those claims have proved false." The proponents
claimed that Roe v. Wade rescued women from death during unsafe,
back-alley abortions, but it was the availability of antibiotics beginning
in the 1940s and improved medical techniques that made abortion safe well
before Roe. It was argued that abortion on demand would guarantee
that every child was a wanted child, would keep children from being born
into poverty, reduce illegitimacy rates, and help end child abuse. Child
poverty rates, illegitimacy rates, and child abuse have all soared. We
heard that abortion should be a decision between a woman and her doctor.
The idea of a woman and her personal physician deliberating about the choice
is a fantasy: women are going to specialized abortion clinics that offer
little support or counseling. (Crandall does not address the point, but
it is difficult to see that bringing a doctor in for consultation would
change the nature of the decision about taking human life.) She does note,
however, that many women use abortion for birth control.
Crandall says she sympathizes with abortion-rights advocates.
But on her own showing, it is difficult to see why. No anti-abortion advocate
could make it clearer that human lives are being destroyed at the rate
of 1.5 million a year for convenience.
The author Naomi Wolf, who favors the right to abort, has challenged
the feminists whose rhetoric seeks to disguise the truth that a human being
is killed by abortion. In a 1995 article in the New Republic, she
asks for "an abortion-rights movement willing publicly to mourn the evil-necessary
evil though it may be-that is abortion." But she asks a question and gives
an answer about her support for abortion rights that is troublesome: "But
how, one might ask, can I square a recognition of the humanity of the fetus,
and the moral gravity of destroying it, with a pro-choice position? The
answer can only be found in the context of a paradigm abandoned by the
left and misused by the right: the paradigm of sin and redemption."
That seems an odd paradigm for this problem. It is one thing to
have sinned, atoned, and sought redemption. It seems quite another to justify
planning to sin on the ground that you also plan to seek redemption afterward.
That justification seems even stranger for repeat abortions, which Wolf
says are at least 43 percent of the total. Sin plus redemption falls short
as a resolution of her dilemma. If that were an adequate resolution, it
would seem to follow, given the humanity of the fetus, that infanticide,
the killing of the elderly, indeed any killing for convenience, would be
licensed if atonement and redemption were planned in advance.
Nor is it clear why the evil is necessary. It is undeniable that
bearing and rearing a child sometimes places a great burden on a woman
or a family. That fact does not, however, answer the question whether the
burden justifies destroying a human life. In most other contexts, we would
say such a burden is not sufficient justification. The fact is, in any
event, that the burden need not be borne. Putting the child up for adoption
is an alternative. The only drawback is that others will know the woman
is pregnant. If that is the reason to choose abortion, then the killing
really is for convenience.
But it is clear, in any event, that the vast majority of all abortions
are for convenience. In those cases, abortion is used as merely one more
technique of birth control. A 1987 survey of the reasons given by women
for having abortions made by researchers with the Alan Guttmacher Institute,
which is very much pro-abortion, demonstrated this fact. The following
table shows the percentage of women who gave the listed reasons.
Reason Total Percentage
Woman is concerned about how having a baby could change her life
76
Woman can't afford baby now 68
Woman has problems with relationship or wants to avoid single
parenthood 51
Woman is unready for responsibility 31
Woman doesn't want others to know she has had sex or is pregnant
31
Woman is not mature enough or is too young to have a child 30
Woman has all the children she wanted, or has all grown-up children
26
Husband or partner wants woman to have abortion 23
Fetus has possible health problem 13
Woman has health problem 7
Woman's parents want her to have abortion 7
Woman was victim of rape or incest 1
Other 6
It is clear that the overwhelming number of abortions were for
birth control unrelated to the health of the fetus or the woman. Moreover,
of those who were concerned about a possible health problem of the fetus,
only 8 percent said that a physician had told them that the fetus had a
defect or was abnormal. The rest were worried because they had taken medication,
drugs, or alcohol before realizing they were pregnant, but did not apparently
obtain a medical confirmation of any problem. Of those aborting because
of their own health, 53 percent said a doctor had told them their condition
would be made worse by being pregnant. Some of the rest cited physical
problems, and 11 percent gave a mental or emotional problem as the reason.
Only 1 percent cited rape or incest.
The survey noted that "some 77 percent of women with incomes under
100 percent or between 100 and 149 percent of the poverty level said they
were having an abortion because they could not afford to have a child,
compared with 69 percent of those with incomes between 150 and 199 percent
and 60 percent of those with incomes at or above 200 percent of the poverty
level." The can't-afford category thus included a great many women who,
by most reckonings, could afford to have a baby and certainly could have
put the baby up for adoption.
This demonstration that abortion is almost always a birth control
technique rather than a response to a serious problem with the mother's
or the fetus' health must have been a considerable embarrassment to the
pro-abortion forces. Perhaps for that reason no survey by them seems to
have been reported since. More recent statistics by anti-abortion groups,
however, bear out the conclusions to be drawn from the Guttmacher Institute
study. The reasons most women give for having an abortion are "social":
a baby would affect their educations, jobs, lives, or they felt unable
to handle it economically, their partners did not want babies, etc.
Perhaps the most instructive episode demonstrating the brutalization
of our culture by abortion was the fight over "partial-birth abortions."
These abortions are usually performed late in the pregnancy. The baby is
delivered feet first until only the head remains within the mother. The
aborting physician inserts scissors into the back of the infant's skull
and opens the blades to produce a hole. The child's brains are then vacuumed
out, the skull collapses, and the rest of the newly made corpse is removed.
If the head had been allowed to come out of the mother, killing the baby
then would be the criminal act of infanticide.
When it was proposed to outlaw this hideous procedure, which obviously
causes extreme pain to the baby, the pro-abortion forces in Congress and
elsewhere made false statements to fend off the legislation or to justify
an anticipated presidential veto. Planned Parenthood and the National Abortion
and Reproductive Rights Action League stated that the general anesthesia
given the mother killed the fetus so that there is no such thing as a partial-birth
abortion. Physicians promptly rebutted the claim. Local anesthesia, which
is most often used in these abortions, has no effect on the baby and general
anesthesia not only does not kill the baby, it provides little or no painkilling
effect to the baby. The vice president of the Society for Obstetric Anesthesia
and Perinatology said the claim was "crazy," noting that "anesthesia does
not kill an infant if you don't kill the mother." Two doctors who perform
partial- birth abortions stated that the majority of fetuses aborted in
this fashion are alive until the end of the procedure.
Other opponents of a ban on partial-birth abortions claimed that
it was used only when necessary to protect the mother's life. Unfortunately
for that argument, the physician who is the best-known practitioner of
these abortions stated in 1993 that 80 percent of them are "purely elective,"
not necessary to save the mother's life or health. Partial-birth understates
the matter. The baby is outside the mother except for its head, which is
kept in the mother only to avoid a charge of infanticide. Full birth is
inches away and could easily be accomplished.
No amount of discussion, no citation of evidence, can alter the
opinions of radical feminists about abortion. One evening I naively remarked
in a talk that those who favor the right to abort would likely change their
minds if they could be convinced that a human being was being killed. I
was startled at the anger that statement provoked in several women pres-
ent. One of them informed me in no uncertain terms that the issue had nothing
to do with the humanity of the fetus but was entirely about the woman's
freedom. It is here that radical egalitarianism reinforces radical individualism
in supporting the abortion right. Justice Harry Blackmun, who wrote Roe
and who never offered the slightest constitutional defense of it, simply
remarked that the decision was a landmark on women's march to equality.
Equality, in this view, means that if men do not bear children, women should
not have to either. Abortion is seen as women's escape from the idea that
biology is destiny, to escape from the tyranny of the family role.
Discussions about life and death in one area influence such decisions
in others. Despite assurances that the abortion decision did not start
us down a slippery and very steep slope, that is clearly where we are,
and gathering speed. The systematic killing of unborn children in huge
numbers is part of a general disregard for human life that has been growing
for some time. Abortion by itself did not cause that disregard, but it
certainly deepens and legitimates the nihilism that is spreading in our
culture and finds killing for convenience acceptable. We are crossing lines,
at first slowly and now with rapidity: killing unborn children for convenience;
removing tissue from live fetuses; contemplating creating embryos for destruction
in research; considering taking organs from living anencephalic babies;
experimenting with assisted suicide; and contemplating euthanasia. Abortion
has coarsened us. If it is permissible to kill the unborn human for convenience,
it is surely permissible to kill those thought to be soon to die for the
same reason. And it is inevitable that many who are not in danger of imminent
death will be killed to relieve their families of burdens. Convenience
is becoming the theme of our culture. Humans tend to be inconvenient at
both ends of their lives.
* I objected to Roe v. Wade
the moment it was decided, not because of any doubts about abortion, but
because the decision was a radical deformation of the Constitution. The
Constitution has nothing to say about abortion, leaving it, like most subjects,
to the judgment and moral sense of the American people and their elected
representatives. Roe and the decisions reaffirming it are equal
in their audacity and abuse of judicial office to Dred Scott v.
Sandford. Just as Dred Scott forced a southern proslavery
position on the nation, Roe is nothing more than the Supreme Court's
imposition of the morality of our cultural elites.
** In discussing abortion I will not address instances where most
people, however they might ultimately decide the issue, would feel genuine
moral anguish, cases, for example, where it is known that the child will
be born with severe deformities. My purpose is not to solve all moral issues
but simply to address the major ones. Abortions in cases of deformity,
etc., are a very small fraction of the total and, because they introduce
special factors, do not cast light on the direction of our culture as do
abortions of healthy pre-borns performed for convenience.
Robert H. Bork is the John M. Olin
Scholar in Legal Studies at the American Enterprise Institute. This article
is adapted from his new book, Slouching Towards Gomorrah, published
by ReganBooks, an imprint of HarperCollins. Copyright © 1996 by Robert
H. Bork.
Print
this article
Subscribe to the magazine: FIRST
THINGS
Subscribe to these email updates: FTNews
| FTMedia |