What Deterring Abortion Means
Hugo Schwyzer is talking about Proposition 73 out in California, the referendum that would require that parents be notified if an underage child of their's seeks an abortion. Hugo plans to vote no on the proposition. His reasoning for doing so is heartfelt, thoughtful, and completely respectable. And also wrong. He writes:
"Do I want to see an end to abortion in this country? Yes. Am I willing to advocate for laws to restrict access to abortion to adults or minors? No. Despite my own history, I've flirted in the past with supporting anti-abortion regulation. My faith informs me that all life is equally precious, including life in the womb. But with great heaviness of heart, I've come to agree that it's destructive and pointless to try and end abortion legislatively....If my daughter were pregnant, I would want to know. Perhaps I would want her to keep the child, or choose adoption--though those would not be my decisions to make. But even greater than my desire to know, I would want her to be safe. Ultimately, it wouldn't be about me, but about her and her needs. And if for some reason she felt she couldn't tell me or her mother, I would want her to be able to turn to medical professionals."
I added the final emphasis there, because Hugo's comment touches on the delicate, difficult heart of what deterring abortion--assuming one wants to deter abortion, which Hugo surely does--plausibly may sometimes mean. Not that I fault him for pulling back from this aspect of the debate; I actually tend to think that parental notification laws, and similar laws which have nothing to do with the procedure itself (like the partial-birth abortion rigamorale, which--however disturbing the surgical act itself may be--I think to be a distraction that generates legislative grandstanding mostly irrelevant to the real issues at hand), but which rather concentrate on the actual choice of abortion, are the most difficult parts of the pro-life agenda to get past. Unfortunately, I also think they are the most important; if we can't agree on this, then the widespread practice of abortion is never going to go anywhere. (This, of course, assumes I'm speaking to other opponents of abortion; in other words, this is an intra-faction argument.)
One commenter on Hugo's site observes that "the fact that not all parents are 'good' enough to allow their kids to go through with [abortions] without objection is a feature, not a bug." He puts it crudely, but correctly. The reason parental notification laws are even debated is because they presume the legitimacy of the interference of others (particularly parents) in a choice that is nominally guaranteed but regarded by many as morally wrong. To require notification (not consent, mind you; the proposition only mentions notification, and it allows for legal alternatives for those who come from abusive or dysfunctional homes) means the state is officially saying to those under the age of 18: "We are not going to let choosing abortion be easy. We will make it, possibly, burdensome. We will make it other peoples' problem, not just your own."
The question must be asked of those of us in agreement that abortion is often wicked and always tragic: is it an evil that is nonetheless so thoroughly tied up in complicated facts of embodiment and gender and power that any attempt to interfere with the ability of anyone, including (or especially!) a minor, to choose it is unwarranted? Or can we make our way through that tangle, and attempt to at least instantiate some sort of deterrence of abortion? For many opponents of abortion, apparently including Hugo, the integrity of the individual's choice (even if their choice is a poor one) is a fundamental that must be protected at all costs, because otherwise the risks are just too painful to imagine (foolish teen-agers with mean parents clearly being the absolute least of it). So the only alternative available to those who come to such a conclusion is persuasion, example, and taking positive steps--economically and otherwise--to try to make abortion every bit as "rare" as Bill Clinton said he wanted it to be. This is a legitimate pro-life position, I think, and I respect people who hold it--indeed, I wish more social conservatives would acknowledge it and copy from it, because the dominant "conservative" pro-life position in this country all too rarely thinks about all the positive financial and educational steps that could be taken to help women choose otherwise than many of them currently do.
Nonetheless, it's not my position. I recognize that a whole lot of people--and specifically, young women--out there face terrible, unjust, ugly choices. But I do not understand how the problem that their choices pose to society are made any easier by refusing to allow any kind of social consensus, any kind of deterrence, any kind of interference, to present itself in between the individual and their choice. If you think abortion is a bad choice, and if you agree that majorities of one's neighbors also think it is a bad choice (and there is scads of polling data which backs up that second claim), then I am at a loss as to why one would think that abortion cannot be a focus of social expression through law. Not any law, to be sure: Roe v. Wade and Planned Parenthood v. Casey are still the law of the land, meaning their are constitutional concerns that must be satisfied. (And I'm not just dodging the issue by saying that; I have plenty of complaints with both Roe and Casey, but neither do I think that the constitutional interpretations--specifically about the limits of moral consensus in a liberal society--they laid down can or should be easily dismissed.) Moreover, whatever majorities may exist that are troubled by and support discouraging abortion, such support certainly does not exist at present (except perhaps in a few small regions of the country) for laws that would actually make the choice of abortion, in practice, impossible. Abortion is widely accepted as legitimate alternative. But does that also mean that nothing can or should be done to communicate that it is a disapproved of alternative? That you don't think any person, or any two people, ought to be allowed to make this choice entirely on their own? That the weightiness of the decision ought to be prolonged and made more tangible and pressing? If, I suppose, you think that the pain and harm and burden of abortion is ultimately, and solely, the province of the person having the abortion--that is, if your baseline reading of the situation is, "Who's the chooser here?"--then of course you musn't attempt to complicate or interfere with her choice; that would be oppression. But if, on the other hand, your basic framing of the problem is one that denies that abortion is wholly within the realm of the private, then the (limited, carefully legislated, intelligently enforced) expression of mild public concern--and compared to the actual disciplinary powers of the state, what could be more mild for 99% of those minors who seek abortion then to oblige parental involvement?--is a no brainer, assuming support for such exists.
So why is it so hard to accept, then, even for those opposed to abortion rights? Because we're individualists at heart, and we have a terrible time getting free from the feeling that when someone--especially someone whose situation is sympathetic, someone who we want to protect--feels no alternative but to do something that we rightly consider shameful and sad, perhaps we ought to support them in their (unwarranted but understandable) wish to tell the rest of the world to get lost for a while and leave them alone. Moreover, and more importantly, we worry about that 1%, or maybe it'll be more than 1%--the young women (often just girls) who have been raped, perhaps even by a family member, or more likely are simply (but no less tragically) so fearful of their parents, or so distraught by their situation, that they'll seek whatever unclean, unskilled abortion services they can find when confronted by the formal demands and interference of society. Yes, those cases exist, and in all likelihood more of them (probably not very many, but likely at least a few) will be brought into existence by a parental notification law. Hugo says that above all else, he wants the girls and young women of California to be safe. He doesn't trust this law will be enforced as it ought, and even if it is, the fact that it just may be that someone's choice will be made less secure, less smooth, and less safe by it is, he thinks, reason enough for him, an opponent of abortion, to nonetheless oppose it.
It's not. It's not because to hold to such a position is to claim that one's opposition to abortion is every bit as private as the choice one attributes to the person in the sad state of needing or wanting or being compelled (sometimes by one's boyfriend, or father, or friends, or peers) to seek an abortion. It is, other words, to say that one's opposition to abortion arises from a personal squeamishness, a distaste. (Which for a lot of pro-lifers is, unfortunately, quite accurate: again, one of the reasons that I think so much time and energy has been lavished on the partial-birth abortion debate is because, fundamentally, talking about how one socially discourages a choice is hard, while showing off terrifying bloody photographs is easy. It's the difference between those principled abolitionists who spoke of the ruined dignity of the slaves, versus those who just went around telling scandalous, disturbing stories about whips and leg chains, and who opposed slavery because Harriet Beecher Stowe's Uncle Tom's Cabin kept them up at night.) If opponents of abortion cannot engage the idea that there is a collective concern here--call it a moral principle, a natural law, a religious imperative, whatever--then the ability to articulate that truth is going to be forever held hostage to the undeniable, unavoidable reality of every single real of hypothetical tragedy out there. In which case, politics really must be just about the management of incidentals, with all the serious questions safely privatized away.
This isn't a call for hard-heartedness or realism, much less extreme disregard for costs. We have to be consciously engaged in trying to work out the best and most responsible and humane ways to formulate this expression of concern, this relatively minimal but still vital insistence that those who are still legally their parents' children not be able to act otherwise when confronted with such awful choice. And let me be forthright--it's not like I've followed all the ins and outs of the debate over Proposition 73. Maybe it's a lousy law; maybe it doesn't seem likely to even be able to do what its proponents claim. That would be one reason to oppose it. Or maybe an abortion foe could oppose it by arguing that, before parental notification become mandatory, the possible exceptions be better supported and more widely distributed; interference would therefore have to wait on changing society so that the costs of interference would be even less than they might otherwise be. Again, a reasonable argument, and within limits a responsible and necessary one (though if relied on too often, it begins to sound like an argument that Martin Luther King responded to, in essence, when he insisted that the moral cause of civil rights ought not be forced to "be patient" while the white power structure slowly "moderated" itself). But Hugo doesn't make those arguments; instead, he mournfully allows that, given the world we do have, it's just too destructive to presume to implicate the choices of individuals (or at least this special, terrible, particular kind of choice) in our morally worried social reality. I respect Hugo tremendously, and have enjoyed reading his ruminations for a long time now; but for a pacifist who presumable believes that Christians can and should, in fact, as a people, proclaim peace despite "the way the world is," I can't help but think that the decision this opponent of abortion has come to on Proposition 73 is a damn odd one, to say the least.