Many of the legal issues have been long-standing social and moral issues in human community. Abortion surely is one of these. In the lengthy text of Justice Blackmun, he notes the various official positions of different societies and eras. The Greek and Roman societies, for instance, freely used abortion and infanticide; in general, life was “cheap” for many. Many states, including Texas, had a very restrictive permission for abortion prior to Roe v Wade (1973). The original case argued for access for a voluntary, medically-managed abortion. The landmark decision (7-2) sided with the petitioner, opening a huge expansion of voluntary abortions. But there is not a consensus that this is moral and Catholics are in the middle of the fray.
A key component of the moral debate concerns the beginning of human life. At one time “quickening” was a marker to detect a viable fetus. Today, medicine can see microscopically the origins of many things, including conception. The fast-growing, pliable embryo is viable being in a uterus. Since life is a continuum, why is the humanness of the embryo questioned? To this, Catholics take the careful position of affirming the human existence of a viable embryo.
Roe v Wade did not make a moral decision about the beginning of life because that was not their jurisdiction. The Court concluded that a woman has a private right to seek a medically-managed abortion anywhere in the USA until the interests of the State in the fetus takes hold; when a fetus is “viable,” that is, able to independently survive, then the State protects this life and its liberties. At the time of the Court decision, the boundary between privacy and State was the first trimester. But this has moved back and forth, all the way to birth, since then.
There is little hope in legally reversing Roe v Wade, in part, because individual liberty is so safeguarded in this nation. Until the “proof” of human life and legal concern for the fetus overwhelms public sensitivities, personal liberty will reign. In light of this, do we Catholics do differently?
• Christian opposition to abortion confronted the Greco-Roman society by embracing the “unwanted ones,” (girls, ‘deformed’ baby) of that day. The Church does well to continue to be counter-cultural in this respect.
• There is a question: Why is an abortion such a viable (attractive?) option? This question is not about the dignity of the fetus, but it probes at the social/psychological reasons that an abortion is sought. How can we gain insight into this question? And can the Catholic community be proof of another way to deal with this? In short, would that Catholics never had need or desire to seek an abortion. Why can’t we do that?
• There is still science to be worked out in this issue. How/when does the fetus begin? Does the assemblage of chemical elements (DNA) constitute a viable embryo/fetus? Or are there “viability” factors at the beginning?
• The Church is both teacher and a mother of compassionate. It is unlikely that the world will be without abortion, but those who have an abortion still need hope. Ministry in post-abortion is well worth supporting.
• And how do Catholics work out our ethic in the public realm? Here we contend with legality. I doubt that the nation’s legal position will change, at least until we demonstrate with the persuasive authority of practical ethics that abortion just looks wrong. In the meantime, we must support life and guard the vulnerable ones who are confronted with difficult decisions.
• Other ideas?
