Abortion has become a hot-button topic once more. Earlier this month, the state of Georgia passed a heartbeat bill, which restricts abortions to women after six weeks, which is the time when one can often detect a fetus' heartbeat. If that were not restrictive enough, Alabama made abortion a class-A felony. Missouri then signed a bill into law banning abortion beyond eight weeks. Needless to say, my social media feeds flared up with posts on abortion, particularly from those who view abortion as a fundamental right. At first, I tried ignoring the posts. But the more I saw them, the more I wanted to say something. Now I have decided to say something, and that response comes in the form of this piece.
You read the title of this piece, and you are probably asking yourself how I could call myself pro-life while maintaining my libertarianism. After all, libertarianism emphasizes individualism and using freedom to secure life, liberty, and property. Exercising one's free will is essential to libertarianism. Plus, telling someone what they should do with their body prima facie seems to violate an essential libertarian principle of autonomy over the self. How can I advocate for abortion restrictions when it violates what a woman wants to do with her body?
I want to answer that question, but I want to say this first. My experience has been those who self-identify as pro-choice tend not to be concerned with choice on a broader level, but use the label because it's expedient and sounds a lot better than "pro-abortion." If those who self-identify as pro-choice were truly pro-choice, they would be libertarian, or at the very least, they would apply that belief to a lot more than the topic of abortion.
I have advocated for many freedoms and "rights to choose" on this blog, including the freedom to own a firearm, earn a living as a prostitute, marry whatever consenting adult you want (or adults, if that's your thing), sell your kidneys or other organs for money, burn the U.S. flag, practice religion (or not), spend or invest your money as you see fit instead of being coerced into Social Security, say what you want (including freedom of the press and the right to spew hate speech), smoke marijuana, eat and drink whatever you want, or not being coerced to pay for health insurance because of Obamacare.
I believe freedom to choose how to live your life is very important. At the same time, I don't view freedom as an absolute. I view it as axiomatic, which is to say that it is crucial, but nevertheless has limits. With the exception of anarcho-capitalists, libertarians understand these limits, including murder, theft, fraud, rape, arson, and assault. As Cato Institute scholar David Boaz writes in his book Libertarianism, "No one has the right to initiate aggression against the person or property of anyone else (p. 74)." To frame it another way, "you can live your life however you want as long as you are not harming anyone else," or alternatively, "my rights end where yours begin." That is the non-aggression axiom in a nutshell, and it is central to libertarian philosophy.
This brings us to a few key questions. What is the fetus? How do we view the fetus? Is it merely a clump of cells? Is it a full-fledged human being that has or should have rights? Is it part of the mother or is it a separate entity? I don't think the answers to these questions would automatically result in a conclusive decision. Nevertheless, I find that answering these questions informs us and provides a better foundation for a moral or philosophical argument, especially given how morality and philosophy have evolved in the Western world. If it is more analogous to plastic surgery or removing a tumor, then the pro-abortion arguments become more compelling. If it is more analogous to murder or homicide, then the anti-abortion arguments become more compelling.
The Facts of Life: A Biological Look at the Gestational Development
I'm not going to cover the entirety of gestation here, but I will say that those who are against abortion use the line "life begins at conception." This much is biological fact, a fact that 95 percent of a group of 5,502 biologists agreed with (Jacobs, 2018). Biologically speaking, life begins when female and male gametes (sperm and egg) unite, i.e., fertilization or conception. The result of the union is a biologically living, single-cell entity known as a zygote. The zygote possesses DNA from both the father and mother, thereby diminishing the pro-abortion argument of "the fetus is part of the mother." The zygote undergoes miotic divisions and cellular differentiation to turn into an embryo, although one could argue that separate DNA or cellular differentiation does not automatically translate into personhood. During the embryonic stage, the embryo develops a central nervous system, a heart, and most of its organs. After the eighth week of fertilization, the embryo has become a fetus (Merck Manual), and thusly has developed enough of the parts of the body that make it more "distinctively human." These facts about gestation are also acknowledged by Planned Parenthood.
As previously alluded to, the question of "when life begins" is independent of ethical, moral, religious, or political consideration. Even so, the biology helps inform questions of personhood. I will get into where I draw the line momentarily, but what I will say up to now is that biology, more specifically that of embryology and fetology, provide a basis for a pro-life position.
I'm Pro-Life, But.....: Time for Some Nuance
One of the things that frustrates me about the abortion debate, like with so many debates, is that the extremes have a disproportionately loud voice. Based on these loud extremes, you either have to be for abortion in all cases or in no cases. It is easier to have snippy one-liners such as "Abortion is murder" or "My body, my choice" and paint the other side as morally inept while forgetting the multiple facets of the abortion debate. What is interesting is that when looking at Gallup polling on abortion, most Americans do not hold to these extremes, and neither do I. That being said, I would like to tackle some of the nuance I hold that doesn't make "Abortion is murder" my instinctive reaction every time abortion reaches my news feed.
Where to Draw the Line (Pt. 1)? A Word on Gestation: One of the most fundamental questions surrounding the abortion debate is when the entity in question, whether it be the zygote, embryo, or fetus, is granted personhood, and thus should be granted legal protections. For those who are staunchly anti-abortion, the answer is "at conception." For those staunchly pro-abortion, the answer is "at birth". These can be appealing because they are clear-cut stages within human development. In spite of clear-cut distinctions, what is interesting is that most Americans do not fall on either extreme. Sixty percent of Americans think abortion should be legal within the first three months. The support drops to 28 percent in the second trimester, and down to 13 percent percent for the third trimester (Gallup).
For me, my view on the issue is not too far off from most Americans. My view is that the line should be drawn in the first trimester. The trickier part is determining at which point in the gestation period to draw that line. There is some allure to drawing the line at the six-week mark, which is when these new "heartbeat bills" are drawing the line because a heartbeat can be detected by some recently developed technology. There is also some allure to drawing it at the eight-week mark. Why? It's not quite as clear-cut as conception or birth, but it's still based in embryology. One, it has the human organs and other features that make it discernibly human. Two, the embryo has become a fetus at that point, thereby providing a clear-cut stage in gestation.
Embryonic Viability and Miscarriages: I also draw the line towards the end of the first trimester because it addresses another issue that is not discussed often enough in the abortion debate: miscarriages. Miscarriage is another term for "spontaneous abortion," and about 80 percent of these happen in the first trimester. For women who know they are pregnant, about 10 to 15 percent of pregnancies end in miscarriage (March of Dimes). Mayo Clinic recognizes the number is probably higher because most miscarriages happen before the woman knows she is even pregnant. To that point, research finds that anywhere from 40 percent up to 70 percent of embryos fail to develop into a person. The lower probability of viability diminishes the argument of potentiality, something that would not be the case once the embryo becomes a fetus.
The existence of miscarriages can be used for both sides. On the pro-abortion side, it shows that abortions naturally exist, and that conception does not translate into pregnancy. If those who are anti-abortion take the loss of life seriously, they should mourn the millions of lives lost by miscarriage, as well. It is all the more harrowing for an anti-abortion theist to realize that God created a universe in which abortion naturally occurs. An argument for the anti-abortion side is that there is still the reality that a loss and grieving process is felt after a miscarriage. I was reminded of that by an article from the Left-leaning Vox, of all places. This is important because it acts as a reminder that we are dealing with more than a mere clump of cells or "potentiality."
Additional Moral Issues with Certain Pro-Abortion Arguments: While we're discussing the status of the unborn, there are those on the pro-abortion side that argue for abortion based on the idea that the unborn are a "mere clump of cells." There are three arguments used to support that notion that I would like to highlight here. The first is viability, i.e., the fetus cannot live outside of the womb, ergo abortion is justifiable. The second is whether a fetus is wanted or unwanted, i.e., the lack of desire to carry the fetus to term justifies abortion. The third is the Sovereign Zone argument, which manifests itself in such sub-arguments as "My body, my choice," or "As long as it's within my private domain (e.g., my womb, my home), it doesn't matter."
My philosophical issue with using any of these arguments to justify abortion is that they could just as easily be applied to already-born individuals that are deemed unwanted or are as perceived as "not being able to make it on their own" (e.g., infants, the homeless, those who are physically handicapped). This is not to say that those who identify as pro-choice support such practices as infanticide, but rather to illustrate the logical conclusion of these arguments, and thus the moral quandary, when these arguments are applied consistently. To be fair to the pro-choice/pro-abortion side, there are better arguments to be made, as is illustrated below.
Where to Draw the Line (Pt. 2)? Segmentation of Abortions by Gestation Period: Drawing that line between a period after conception and before birth means that there is a period in which there is a certain percentage of abortions with which I would not have a problem. What is that percentage? I decided to find some data that breaks down the number of abortions by week of gestation. The CDC was able to provide me with its figures that it released in November 2018. Where I decide to draw that line makes a significant difference. If I draw it at the six-week mark, like the Georgia heartbeat bill does, it would mean I would be okay with 36.7 percent of abortions. If I go with eight weeks, like the Missouri bill does, it would mean being okay with 65.6 percent of abortions. Even when looking at the more restrictive of the options, it would mean that in practice, I would have to be okay with at least nearly two out of five abortions that are performed, and at most, about two out of three abortions.
Enforcement Concerns and Underground Markets: Especially when discussing bans, a quintessentially libertarian concern is the ability to enforce a ban. Libertarians have argued against the Prohibition [of alcohol], as well against making marijuana illegal, not only because enforcement is difficult, but because there are certain unintended consequences of bans (e.g., black markets, increased crime). The essential libertarian argument about legalization in these cases is "it's not perfect if you make it legal, but there are by far more issues forcing it into the black market and making it illegal." I don't argue that abortion is a victimless crime, but I also would be worried about the consequences of driving women to use abortionists in the black market. I would argue that technology has improved conditions since pre-Roe v. Wade, but I'm also not exactly confident of the conditions of abortions performed in the black market.
Second, I have a concern about the elasticity of demand for abortion. In layman's terms, elasticity is the economic term referring to the change of quantity consumed relative to a price change. I don't live in a world where you think you can get rid of abortion completely, especially if there is a demand for abortion services. If the demand largely holds during an abortion ban, it would mean that all that is being done is driving abortions to less safe conditions. This, of course, would be an economic question to see what the elasticity of abortion historically has been. I would be interested in doing it as a separate blog entry, but for now, let's say driving abortions underground is a legitimate cause for concern, and what I would view as the strongest argument for either keeping the status quo or not making as prohibitive as a full ban.
Then there is the question of what the law would look like if you were to give full personhood to zygotes, embryos, and/or fetuses. Mississippi tried passing a Personhood Amendment in 2011, which would have done exactly that. I had to ask myself what full personhood for zygotes would look like. Detecting a zygote is much more difficult than detecting an infant. It would have been an enforcement nightmare because it would have affected everything from criminal enforcement and inheritance law to Social Security, welfare benefits, and tax law. Some of these issues could be curtailed by providing partial rights to the unborn, but there is a question of what granting partial or full rights to the unborn would look like in practice.
Exceptions to Allow for Abortion: When debating abortion, there are usually three exceptions that even self-identified pro-life individuals make: rape, incest, and when a fetus is threatening the mother's life. Going back to the Gallup polling, 83 percent are okay with abortion in the first trimester when it threatens the mother's life, and 77 percent for cases of rape and incest. The numbers decrease a bit for third trimester, but still stay above 50 percent.
I am fine with abortion when it threatens the mother's life both because an abortion in that scenario would be a justifiable act of self-defense, and because the loss of only one life is better relatively speaking than the loss of two lives. As for rape and incest, I understand both sides of the argument, but I would have significantly less of an issue with abortion in those instances. For rape, the choice to have a child was forced upon the woman (this scenario is another reason I support emergency contraception). As for incest, there would be a concern about birth defects. Speaking of birth defects, there is also a concern as to whether an abortion would be okay if there were some sort of birth defect. It would depend on the defect. I would have a bigger issue with abortion in the case of Downs' Syndrome (where the individual can lead a full, productive life) than I would with something like Tay Sachs' (where the individual leads an extremely painful life while dying at a young age).
That being said, the reality is that these exceptions are in the minority. Florida is unique in that it actually tracks reasons for having an abortion. When combining physical and emotional health reasons, only 3.4 percent of abortions in Florida were performed for these reasons. One percent were performed for genetic defects, and 0.2 percent for reasons of rape and incest. Yes, Florida is only one state. At the same time, 2004 survey data from the Guttmacher Institute (they unfortunately do not have more recent survey data), which is Planned Parenthood's research arm, helps confirm the notion that abortions performed for such exceptions as rape, incest, and threatening the mother's life are indeed exceptions to the norm.
Personal Responsibility and Birth Control: If it already wasn't made clear, I highly value freedom and the ability to have "life, liberty, pursuit of happiness." One of the arguments for abortion is that a woman has the right to do what she can and cannot do with her body, and as a result, has an absolute right as to whether to carry a child to term. While I can sympathize with that argument more strongly as a libertarian, here is where I still take issue with such an argument.
What is implicit in freedom is that while you are free to make your own choices, you also have to accept the consequences, both good and bad. The biological reality is when a man and women have vaginal intercourse (coitus), there is a real chance that the sexual act will result in pregnancy. As the aforementioned survey data suggest, most abortions are not because an unfortunate situation, such as rape or incest, was forced upon the woman, thereby taking away her choice. In most scenarios, the woman chose to engage in sexual behavior, knowing that there are risks to that behavior. This would mean that the woman knowingly chose to participate in such activity, and as such, should be held accountable for the choice she freely made. From a cultural standpoint, I have concerns about the respectability for life when most abortions are done for convenience's sake. On the other hand, violent crime has declined since Roe v. Wade (another topic for another blog entry), thereby diminishing that argument.
I have a quasi-counterargument against the personal responsibility argument, which is that of birth control. The truth is that birth control helps reduce the abortion rate. Not all places have great access to birth control. In some communities, there is a stigma attached to birth control, which I find so unfortunate that I made an argument in 2014 for subsidizing birth control. Yes, greater birth control creates a social good, including that of a lower abortion rate. From a libertarian viewpoint, I made another argument. There isn't a world in which you have lots or no government. It's a false dichotomy. A desirable and more realistic expectation is what shrinks the size of government. If birth control is readily available, then there would be fewer unintended pregnancies. Fewer unintended pregnancies would mean fewer government expenditures spent on the criminal justice system, means-tested welfare benefits, and a number of other government programs. In short, I would rather have a relatively non-intrusive form of government intervention as opposed to aggrandizing the government in multiple areas. Personally, I wish the staunchly pro-life would stop treating it as if every sperm were sacred, and support birth control so we can continue to lower the abortion rate.
A Word on Being Pro-Life versus Anti-Abortion: Some on the pro-abortion side could criticize me and other individuals that self-identify as pro-life because pro-life views only apply to the issue of abortion. Much like I scrutinized the usage of the "pro-choice" label, I have also scrutinized the "pro-life" label for consistency and fairness. Yes, there are some in the pro-life world that are anti-abortion only. The majority of self-identifying pro-life individuals I have met apply their pro-life values beyond the issue of abortion, myself included. I find myself against the death penalty because I value life. With the exception of self-defense or some other exigent circumstance, I find myself to be against fighting wars on moral grounds.
If we were to talk about being pro-life (instead of "pro-birther"), I think we should remove the red tape so it is easier for adoption to be an option. As previously mentioned, the evidence of birth control and emergency contraception is so strong that I have found an exception to "government shouldn't subsidize that" rule to support access of birth control and emergency contraception for women. I believe that communities and social networks should be more supportive when a woman exercises her choice to carry the child to term. There is also plenty of empirical research showing how more liberalized economies translate to greater economic welfare. As a result, women could have greater access to healthcare, and children can have greater access to education. This is my way of saying that a greater push capitalism has the ability to improve quality of life for all, from womb to tomb.
Postscript
When discussing the abortion issue from a libertarian standpoint, there are two major issues that are in play and in conflict: the importance of freedom and the respect for other individuals in which one does not violate the non-aggression axiom. I was somewhat surprised at survey data that showed a deeper divide in the libertarian world. The issue becomes murkier in the greater picture because there is no agreement in philosophy, religion, or medicine as to when the "right to life" begins. There are multiple points in gestation where one could choose to draw the line. To illustrate that phenomenon, let's look at two religious viewpoints.
The Catholic Church fervently advocates for and protects life at the moment of conception (Catechism, paragraph 2270). Traditional Judaism, on the other hand, has a more nuanced view. I would need an entire blog entry to cover the particulars, but if I had to summarize it succinctly, the unborn within the first forty days is considered "mere water" (Talmud, Yevamot 69b). After 40 days, the fetus is provided with some protections, although the mother's life takes precedence (Talmud, Sanhedrin 57b). Once the fetus has partially emerged from the womb, it is granted full protections under Jewish law (Mishnah, Oholot, 7:6).
I currently do not consider myself a religious Jew, but I would nevertheless like to point out that my view incidentally is not that far off from traditional Judaism: there is a period at the beginning of gestation (i.e., with zygotes and embryos) where I do not have a moral objection with abortion. After a certain period (somewhere around the sixth or eighth week), I have an issue with abortion unless it threatens the mother's life (physically, and to a lesser extent, psychologically) or some other exigent circumstance merits an abortion (e.g., the fetus has Tays-Sachs). In practice, I would be in favor for something more restrictive than Roe v. Wade, but something that would allow for exceptions based on gestation and reason for the abortion. Essentially, I have a view that upsets both extremes in the debate. While my view on abortion comes with nuance, I can state that I have an issue with depriving individuals of "life, liberty, and pursuit of happiness." If I am to take my respect for the autonomy of the individual seriously, I would need to extend that belief to fetuses.
In addition to outlining my position about personhood with regards to gestation, I also have expressed my concerns about enforcement of an abortion ban, my views on personal responsibility with regards to life choices, the role of birth control, and how I view capitalism to be in alignment with being pro-life, all of which adds to my nuanced pro-life view.
Especially in an age of political polarization, it is difficult to sit down with those with whom we disagree and have a discussion, particularly on an issue as controversial as abortion. The controversy is compounded by the fact that there is a fundamental disagreement on the moral or philosophical status of the unborn. I find some solace in survey data showing that most Americans have a similarly nuanced view on the abortion issue, and that it is nowhere as simple as "100% for abortion" or "100% against abortion." I would like to think that most Americans not existing on either extreme would help, but I have more than a feeling that the "silent majority" (or at least the more moderate majority) will be overpowered by those who are loudest.
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