What is the abortion debate?
In a rational, emotion-free world the pro-choice and pro-life movements would both agree they are trying to answer the same questions. When do we get our rights to life, liberty, and the pursuit of happiness? We take it for granted that we inherited these rights sometime between when we were conceived and when we die. But resolving the issue of abortion requires we know when they begin.
From a legal perspective, federal law levies a $5,000 fine or jail time for the deliberate destruction or disturbance of an eagle egg. (1) There are also cases where assailants who killed pregnant women have been convicted of double homicide. (2) Both of these cases indicate life in a fertilized egg or in utero is worth protecting.
But this is where Roe v Wade complicates things. The court ruled that abortion of an otherwise-healthy fetus was part of our constitutional right to privacy. (*3) And biology notwithstanding, it is worth noting constitutional rights apply to everyone: pregnant women, non-pregnant women, infertile women, men, and baby girls and boys. To make matters more confusing, the Supreme Court limits this constitutional right, saying an abortion is only permissible up to the point of viability. What is viability? The 1973 decision vaguely defined it as the ability to survive outside the womb, and cited medical research that on average a fetus was viable at 28 weeks. (4) Fortunately there is a far simpler way to determine viability.
At the time of writing, Curtis Means is officially the world’s most premature baby. He was born at 21 weeks and 1 day. (5) This is almost two months or 25% earlier than the 28 weeks cited in Roe. If the Guinness World Records can celebrate the survival of a premature baby at 21 weeks and 1 day, then 21 weeks and 1 day is the new standard for human viability and when they gain/receive their right to life.
The logic and biology, however, suggests the limit should be much earlier. Looking to the future, our humanity ends when we die. Looking to the past, there must be a beginning. In the many years since the decisions of Roe and Casey, scientists found a zinc “spark of life” releases when an egg is fertilized. This is also when our personal, unique DNA is created and fetal growth begins. (6) If DNA is what makes us who we are and what makes us human, this is a strong case to prohibit abortion altogether.
So where does all this leave us? Given Curtis’ demonstration of viability and humanity, any abortions beyond 21 weeks are simply unethical. (7) While the CDC reports only 1% of abortions take place during this time, nevertheless they are still legal in seven states (AK, CO, NH, NJ, NM, OR, VT) and account for 4,854 lost lives. (8) As medical technology continues to improve, Curtis’ record for most premature baby will eventually be broken. And that new record will be broken in turn. Slowly but surely the legal limit for abortion will converge towards conception.
But for the remaining 99% of abortions inside of 21 weeks (484,169 in 2019 (8)), the debates will rage on. While it is tempting to argue about rights and the constitution, the question of humanity should be the primary focus. Because if we can manage to find common ground there, the details of the constitution will sort themselves out.
Image is from the CDC: https://www.cdc.gov/ncbddd/fasd/documents/fasdbrochure_final.pdf
1. https://www.grunge.com/175726/heres-what-happens-if-you-kill-a-bald-eagle/
https://familycouncil.org/?p=20769
3. *There is a lot of debate about the validity of a constitutional right to privacy. I chose to assume the right to privacy exists for now, and will save that debate for another time.
https://www.thinkwy.org/post/the-right-to-privacy-and-the-road-to-roe-v-wade
4. Paragraph 160
https://supreme.justia.com/cases/federal/us/410/113/#:~:text=A%20person%20may%20choose%20to,and%2028%20weeks%20after%20conception.
6.
https://www.chemistryworld.com/news/zinc-spark-of-life-marks-egg-fertilisation/1010285.article
https://medlineplus.gov/ency/article/002398.htm
8. Table 14. https://www.cdc.gov/mmwr/volumes/70/ss/ss7009a1.htm
https://www.businessinsider.com/latest-point-in-pregnancy-you-can-get-abortion-in-50-states-2019-5
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