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Texas bans abortion.

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Of course, I don't think they have any more chance of getting such changes made than the anti-abortionists have of completely banning abortion.
The thread title aside, I really don't think that is the point.

If guns were banned everywhere except Fargo North Dakota we could safely say that guns were not completely banned.

It is the effective banning of abortion in many areas that is really the subject of the discussion. Abortion isn't some abstract principle that we need to keep a candle burning somewhere for. It's a fundamental right of all women.

Now, I'll be the first to say that neither guns nor abortion are unfettered rights. I would not argue that there should not be any regulation on abortion or guns. I would say that trap laws and laws with no compelling interest other than to appease religious fundamentalists are antithetical to the constitution.
 
Exactly. Let's pretend that these authors get their way. A doctor's rationale doesn't meet the criteria to be able to refuse abortion. The doctor then actually physically refuses to perform an elective abortion that is referred to him. How are you going to actually make him perform the abortion? I don't think you can without violating his constitutional rights. You could take away his license, but I dont think such a move would hold up on appeal. And many docs would rather give up their license than perform an abortion. I don't see it.

Consider that in other rulings, the Court has already ruled that a person's beliefs don't have to make sense or be consistent in order to be Constitutionally protected. I think the very idea of vetting a person's belief and making a judgement if they are valid enough is a violation of a person's right to have whatever belief they want. I think it's enough to simply refuse without any need for a formal process. If no one desires to provide the service, then there is no service to provide. I cannot imagine a world where a U.S. citizen would be forced to provide a service they find objectionable. That sounds like some Orwellian nightmare to me.

Again, just because a person has a right to a certain service does not mean that the service has to be convenient or even offered at all.

The de jure right to an abortion is meaningless if there is a de facto ban on the procedure. That’s the whole point of these TRAAP laws.

There already are physicians who are willing to provide abortion services and are willing to jump through the necessary hoops, but the pro-life movement will just keep adding hoops for providers to jump through until the providers give up. That’s what the debate is about. Arguing about doctors being forced to perform abortions is a red herring.
 
The de jure right to an abortion is meaningless if there is a de facto ban on the procedure. That’s the whole point of these TRAAP laws.

There already are physicians who are willing to provide abortion services and are willing to jump through the necessary hoops, but the pro-life movement will just keep adding hoops for providers to jump through until the providers give up. That’s what the debate is about. Arguing about doctors being forced to perform abortions is a red herring.

It's the same kind of thing they do with voting rights. "we're not banning certain people from voting at all"

Why does the Republican party like to make dishonest laws? Oh, that's right, because they know they are in the wrong.
 
The thread title aside, I really don't think that is the point.

If guns were banned everywhere except Fargo North Dakota we could safely say that guns were not completely banned.

It is the effective banning of abortion in many areas that is really the subject of the discussion. Abortion isn't some abstract principle that we need to keep a candle burning somewhere for. It's a fundamental right of all women.
No one has a right to murder, though. The line between murder and termination of pregnancy is a philosophical one that will be different for everyone. All I support is the idea that different jurisdictions should be able to define that line for themselves. Granted, under the Roe decision a line can't be drawn at conception. But it can be reasonably be drawn anytime after the 1st trimester and even more reasonably at the limits of viability.

The other prong of my argument is that I don't really have a problem with effective banning, either. The people have a right to demonstrate, boycott and otherwise make their feelings known. They have the right to refuse to associate with abortionists. If that puts social pressure on them not to provide abortions, I'm OK with it because the only way to stop such "effective bans" is to infringe on 1st Amendment rights.

Now, I'll be the first to say that neither guns nor abortion are unfettered rights. I would not argue that there should not be any regulation on abortion or guns. I would say that trap laws and laws with no compelling interest other than to appease religious fundamentalists are antithetical to the constitution.
If a State decided to declare that a fetus deserved the protection that any person has after 12 weeks gestation, it would become a compelling interest to prevent abortion after 12 weeks.
 
Abortion is not murder. It is the termination of a medical condition called pregnancy.
 
The de jure right to an abortion is meaningless if there is a de facto ban on the procedure. That’s the whole point of these TRAAP laws.

There already are physicians who are willing to provide abortion services and are willing to jump through the necessary hoops, but the pro-life movement will just keep adding hoops for providers to jump through until the providers give up. That’s what the debate is about. Arguing about doctors being forced to perform abortions is a red herring.

OK, let's pretend that a law is passed or a ruling is made that legalizes any and all abortions through birth. If people want to demonstrate about that law and boycott doctors that provide those abortions, that is their right. If doctors refuse to provide the abortions, that is their right.

How do you take those rights away? You can't infringe on the rights of the people to have free speech and you can't force doctors to perform a procedure they don't want to do.

Even if such a law was passed tomorrow in Texas, there are pockets of Texas where abortion would be socially frowned upon. In those communities, there would still be difficult access to abortion because of those mechanisms. It would mainly be available in major urban areas as it is now and as it always has been.
 
Abortion is not murder. It is the termination of a medical condition called pregnancy.

You are making a philosophical argument predicated on the idea that the fetus is not a person. To someone who considers the fetus a person, abortion is murder.
 
OK, let's pretend that a law is passed or a ruling is made that legalizes any and all abortions through birth. If people want to demonstrate about that law and boycott doctors that provide those abortions, that is their right.
People who are oppossed to abortion are already free to not visit an abortion provider. Not sure how effective a boycott would be however.
If doctors refuse to provide the abortions, that is their right.
There are plenty of doctors who refuse to perform abortions, but they are not relevant to the discussion of banning abortion. Doctors who are willing to perform the procedure and are being prevented from doing so are far more relevant.
How do you take those rights away? You can't infringe on the rights of the people to have free speech and you can't force doctors to perform a procedure they don't want to do.
We infringe on free speach all the time. I never see hardcore pornography on broadcast TV, yelling fire in a crowded theatre is still forbidden, and if I start accusing someone of being a child molester when I know he isn't, I will be sued. And if some doctors are willing to perform abortions, we do not need to force others to perform the procedure.
Even if such a law was passed tomorrow in Texas, there are pockets of Texas where abortion would be socially frowned upon. In those communities, there would still be difficult access to abortion because of those mechanisms. It would mainly be available in major urban areas as it is now and as it always has been.
The availability of abortion in some areas of Texas is not really a justification for banning abortion in others. Its not like rural pro-lifers are not trying to shut the urban abortion clinics down as well.
 
People who are oppossed to abortion are already free to not visit an abortion provider. Not sure how effective a boycott would be however.
People who are opposed to contract killing are already free not to engage the services of a professional hit man.

And yet somehow that doesn't strike them as a sufficient remedy...
 
Hospitals were free not to associate with abortion clinics prior to these laws passing. Free speech is neither here nor there.

What's different now is that the state has effectively delegated the power to permit abortion clinics to hospitals, knowing that few hospitals will invite the controversy that comes along with allowing an abortion clinic to continue to operate by admitting its doctors. Where a public institution grants public powers to a private entity, that entity takes on the color of authority, which means (or at least should mean) that the private entity is no longer free to act as it pleases.

If you genuinely care about freedom of association, you should oppose these laws, because they threaten the independence of hospitals.
 
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You are making a philosophical argument predicated on the idea that the fetus is not a person. To someone who considers the fetus a person, abortion is murder.

No, I'm making an argument based on fact. A fetus is not a person, it has no sapience.
 
No one has a right to murder, though. The line between murder and termination of pregnancy is a philosophical one that will be different for everyone.
No it's not. Masturbation isn't murder and neither is a 1st trimester abortion.

If someone people think masturbation is murder it doesn't make it difficult for "everyone".

All I support is the idea that different jurisdictions should be able to define that line for themselves. Granted, under the Roe decision a line can't be drawn at conception. But it can be reasonably be drawn anytime after the 1st trimester and even more reasonably at the limits of viability.

The other prong of my argument is that I don't really have a problem with effective banning, either. The people have a right to demonstrate, boycott and otherwise make their feelings known. They have the right to refuse to associate with abortionists. If that puts social pressure on them not to provide abortions, I'm OK with it because the only way to stop such "effective bans" is to infringe on 1st Amendment rights.

If a State decided to declare that a fetus deserved the protection that any person has after 12 weeks gestation, it would become a compelling interest to prevent abortion after 12 weeks.
So long as you don't use the state to effectively ban abortions. Don't confuse laws to infringe rights with freedom of speech.
 
You are making a philosophical argument predicated on the idea that the fetus is not a person. To someone who considers the fetus a person, abortion is murder.
To someone who considers a spermatozoa a person, masturbation is murder.

This "philosophical" argument about when life begins is a big red herring.

A mass of tissue that has no memories, feelings, hopes, desires, or even the cognitive machinery for such is not a human being. Legally, scientifically or philosophically.

If a fetus prior to viability is a human being then so are skin cells, cancer cells, sperm and ovum.
 
To someone who considers a spermatozoa a person, masturbation is murder.

This "philosophical" argument about when life begins is a big red herring.

A mass of tissue that has no memories, feelings, hopes, desires, or even the cognitive machinery for such is not a human being. Legally, scientifically or philosophically.

If a fetus prior to viability is a human being then so are skin cells, cancer cells, sperm and ovum.

I think the "fetus = skin cell" is the true red herring. We can draw clear scientific lines between a fetus and a sperm, an ovum, a skin cell etc. A fetus is a complete human being in and of itself that is merely in an early stage of development. You can't say that about a skin cell or even a sperm or ovum. Those are parts of an individual, not complete beings in and of themselves.

I think the whole cognitive argument is also problematic. Newborns and young infants do not have the "cognitive machinery" to feel, hope or desire anymore than do fetuses. Those things develop over the first six months or longer. On the other hand, it isn't true to say that fetuses cannot feel or form memories. They react to external stimuli and form memories of their mothers' voice. Using cognitive development as a yardstick for personhood, it could be argued that newborns, infants, toddlers, people with developmental disorders, people in comas, people with Alzheimer's, people with severe brain injuries -any entity other than a fully developed, normal human adult- are not people either. I don't find emotional and cognitive development a particularly useful concept for finding a line to consider a human being a "person."

There is one definite point where a human being is created: conception. Birth is another definite point when the baby is now detached from the mother and can survive on it's own. But I think most people agree that conception is too early and the moment before birth is too late. In between conception and birth, we find a few milestones we could use (zygote, embryo, fetus, etc) but one seems pretty obvious to me: by the end of the third month, the organs are formed and the body parts are all present; at that point it's all growth. That, the end of the third month, seems like a reasonable line to start valuing the fetus' life equally to the mother's. I could also see a case for drawing a line at "viability," which is around 22 weeks at the upper limit. Thus, I don't have a problem with any line drawn between 12 and 22 weeks. It is then up to the State Legislatures to have the debate and come up with the line that fits the standards of the citizens of the State.
 
I think the "fetus = skin cell" is the true red herring.
Skin cells are living human cells (they are human life). They have a full compliment of genes and it is theoretically possible for them to become a human being.

What they lack is cognitive function. No self awareness. No ability to suffer. No hopes and dreams. No memories.

We can draw clear scientific lines between a fetus and a sperm, an ovum, a skin cell etc.
No we cannot. This is factually incorrect.

A fetus is a complete human being in and of itself that is merely in an early stage of development.
Again, this is factually incorrect.

You cannot point to a pile of parts and say that is a car. A car has the form and function of a car.
Prior to viability the fetus doesn't even have all of its parts. You are pointing to wheels and a transmission and declaring that it is a car.

I think the whole cognitive argument is also problematic. Newborns and young infants do not have the "cognitive machinery" to feel, hope or desire anymore than do fetuses.
If there was a compelling interest to address whether or not a newborn met the criteria for person hood then we could have that discussion.

Those things develop over the first six months or longer. On the other hand, it isn't true to say that fetuses cannot feel or form memories. They react to external stimuli and form memories of their mothers' voice. Using cognitive development as a yardstick for personhood, it could be argued that newborns, infants, toddlers, people with developmental disorders, people in comas, people with Alzheimer's, people with severe brain injuries -any entity other than a fully developed, normal human adult- are not people either. I don't find emotional and cognitive development a particularly useful concept for finding a line to consider a human being a "person."
A person (for lack of a better term) in a persistent vegetative state does not have the legal rights that other humans have. Again, if there were a compelling need to address the person hood argument as it relates to newborns we could have that discussion. We may very well have the discussion as it relates to others. That's another discussion. It's not a basis to declare that a mass of tissue that is incapable of self awareness, an appreciation of suffering, no memories or hope for the future, should be considered a person or a human being. Like skin cells, sperm and ovum, the fetus does not have what we have come to think of as a human being. Now, that doesn't mean that every human being that doesn't meet the criteria should be or can be legally euthanized. Ethics and law are complex. As a society we believe that a woman has a fundamental right to an abortion because her life matters to us. She can think and feel. She does have memories, hopes and desires, she can suffer. It's this combination of facts that make the delineation of viability and self-awareness so important.

There is one definite point where a human being is created: conception.
Again, this is factually incorrect. Evolutionary biologists reject this as arbitrary and special pleading. The cessation of a fertilized egg prior to implantation isn't even called abortion. 50% of all fertilized eggs will be lost due to failure to implant.

Birth is another definite point when the baby is now detached from the mother and can survive on it's own. But I think most people agree that conception is too early and the moment before birth is too late. In between conception and birth, we find a few milestones we could use (zygote, embryo, fetus, etc) but one seems pretty obvious to me: by the end of the third month, the organs are formed and the body parts are all present; at that point it's all growth. That, the end of the third month, seems like a reasonable line to start valuing the fetus' life equally to the mother's. I could also see a case for drawing a line at "viability," which is around 22 weeks at the upper limit. Thus, I don't have a problem with any line drawn between 12 and 22 weeks. It is then up to the State Legislatures to have the debate and come up with the line that fits the standards of the citizens of the State.
This is all fairly reasonable. So let's stop with defending people's feelings about microscopic tissue that cannot think, hear, feel, touch, be self aware or worry about its future.

Let's stop with this "philosophical" argument about when life begins. There is no clear delineation. Ever. Conception does not magically/fundamentally make two cells special. They are no more a human being a millisecond before conception than they are a millisecond after. You are simply choosing an arbitrary line that you think fits some magical criteria. It doesn't. When a woman's quality of life and health is at risk then her wishes trump that of the fetus and other people have no right to interject their pet philosophical valuations into that.
 
Skin cells are living human cells (they are human life). They have a full compliment of genes and it is theoretically possible for them to become a human being.
That's a whole 'nother ethical argument. But this particular argument isn't about what may or may not be theoretically possible. A skin cell, in it's natural state, will never be anything other than a skin cell.

What they lack is cognitive function. No self awareness. No ability to suffer. No hopes and dreams. No memories.
And they don't even have the potential to develop that if left to a natural developmental cycle. Skin cells don't have hearts and brains and fingers and lungs. Fetuses do have those things and will develop into a full adult.

No we cannot. This is factually incorrect.
Huh? :confused: A skin cell is a skin cell that will always be a skin cell. It will never be a complete human being. A fetus is a complete human being in an early stage of development. Sperm and Ovum are closer to a fetus than a skin cell, but they are still not complete human beings. Those are plain scientific facts. I'm genuinely confused as to how you feel I might be factually incorrect.

Again, this is factually incorrect.

You cannot point to a pile of parts and say that is a car. A car has the form and function of a car.
A car is not a human being. It does not develop the way we do. Cars never have rights.
Prior to viability the fetus doesn't even have all of its parts. You are pointing to wheels and a transmission and declaring that it is a car.
A fetus has all it's parts around the end of the third month. They just aren't fully grown. By that logic, a newborn doesn't have all it's parts either.

If there was a compelling interest to address whether or not a newborn met the criteria for person hood then we could have that discussion.
We currently do not allow people to kill their newborns. It's considered murder. If newborns are not complete human beings yet, by your own "parts" analogy, then being a complete human being is not a current definition of when it's acceptable to kill someone.

A person (for lack of a better term) in a persistent vegetative state does not have the legal rights that other humans have.
That's another issue that is murky at best and should be left for another thread.
Again, if there were a compelling need to address the person hood argument as it relates to newborns we could have that discussion. We may very well have the discussion as it relates to others. That's another discussion.
...that is intimately related to this one. It also serves to illustrate the flaws in any definition based on having a complete set of "parts." A newborn doesn't have significantly more "parts" than it did the day before birth. In fact, all the parts were present from much earlier in the pregnancy. If it's an issue of having all the parts, fetuses have them.
It's not a basis to declare that a mass of tissue that is incapable of self awareness, an appreciation of suffering, no memories or hope for the future, should be considered a person or a human being.
So by that definition, you don't consider a baby under 6 months a human being? They don't have memories, hope for the future or self-awareness.
Like skin cells, sperm and ovum, the fetus does not have what we have come to think of as a human being.
Exactly, and neither does a newborn. Yet we protect newborns.
Now, that doesn't mean that every human being that doesn't meet the criteria should be or can be legally euthanized. Ethics and law are complex.
That is also my argument. My solution to the complexity is to allow local communities (States, Counties, Cities) to draw those lines where they feel comfortable with them.
As a society we believe that a woman has a fundamental right to an abortion because her life matters to us.
That is not a universal belief. And that does not mean that we all think the fetus' life is worth nothing. As you indicated, it's a complex balance between the woman's rights and the unborn's rights. The argument is over where the fulcrum is.
She can think and feel. She does have memories, hopes and desires, she can suffer. It's this combination of facts that make the delineation of viability and self-awareness so important.
Important to you. I value all humans the same, even if they don't all have the same capacity to form memories, hopes, desires or experience suffering.
Again, this is factually incorrect. Evolutionary biologists reject this as arbitrary and special pleading.
Any evolutionary biologist would admit that a zygote is the earliest stage at which a mammal could be considered to be a complete individual. Immediately before that, the mammal did not exist.
The cessation of a fertilized egg prior to implantation isn't even called abortion. 50% of all fertilized eggs will be lost due to failure to implant.
Yes. That part is true. And if a woman had certain kinds of BC, implantation would be near impossible. There's no problem with this, for me.

This is all fairly reasonable. So let's stop with defending people's feelings about microscopic tissue that cannot think, hear, feel, touch, be self aware or worry about its future.
But that's what the argument is all about. You see microscopic tissue, they see a human being. You are not any more objectively right than they are.

Let's stop with this "philosophical" argument about when life begins. There is no clear delineation. Ever. Conception does not magically/fundamentally make two cells special.
OK. So when does it become special? You must understand that some line is crossed at some point where we decide to give a human being protection.
They are no more a human being a millisecond before conception than they are a millisecond after. You are simply choosing an arbitrary line that you think fits some magical criteria. It doesn't.
By your arguments, there is really nothing special about a human being at all. We are all just lumps of cells and fluids. There is never a magical moment when the Blue Fairy makes us into real boys and girls. Why can't we just freely kill each other since there really isn't any intrinsic magical value? Because that isn't the actual philosophy we live by. There is a line, as arbitrary as it is, that we philosophically draw at which point we value a human life. You have one personally, even if you won't share it here. Most people have a line close to 1st trimester or maybe a little past it. Very few people have a line in the 3rd trimester.
When a woman's quality of life and health is at risk then her wishes trump that of the fetus and other people have no right to interject their pet philosophical valuations into that.
What makes the woman so special? What makes a newborn special? They are both just aggregations of cells. What actually makes them different is that we all agree to a philosophical construct of the value of human life. If different communities have different constructs, that should be up to them to set.
 
1That's a whole 'nother ethical argument. But this particular argument isn't about what may or may not be theoretically possible. A skin cell, in it's natural state, will never be anything other than a skin cell.

2And they don't even have the potential to develop that if left to a natural developmental cycle. Skin cells don't have hearts and brains and fingers and lungs. Fetuses do have those things and will develop into a full adult.

3Huh? :confused: A skin cell is a skin cell that will always be a skin cell. It will never be a complete human being. A fetus is a complete human being in an early stage of development. Sperm and Ovum are closer to a fetus than a skin cell, but they are still not complete human beings. Those are plain scientific facts. I'm genuinely confused as to how you feel I might be factually incorrect.

4A car is not a human being. It does not develop the way we do. Cars never have rights.
A fetus has all it's parts around the end of the third month. They just aren't fully grown. By that logic, a newborn doesn't have all it's parts either.

5We currently do not allow people to kill their newborns. It's considered murder. If newborns are not complete human beings yet, by your own "parts" analogy, then being a complete human being is not a current definition of when it's acceptable to kill someone.

6That's another issue that is murky at best and should be left for another thread

7But that's what the argument is all about. You see microscopic tissue, they see a human being. You are not any more objectively right than they are.

8OK. So when does it become special? You must understand that some line is crossed at some point where we decide to give a human being protection.

9What makes the woman so special?

10What makes a newborn special?


  1. You are the one that places importance in potential and a full compliment of genes. Sperm and egg in a petri dish have the potential to become a human being. You are not being morally consistent.
  2. Might The body can abort the fetus at any time. There is nothing special about having a brain and heart. All mammals and many other animals have that.
  3. That's not true at all. A skin cell can become something else.
  4. It's called reason by analogy. That something has the parts and potential to be something doesn't make it that thing.
  5. There is no compelling reason to kill newborns. Besides, unlike fetuses prior to viability they are autonomous and self aware.
  6. It's critical to this discussion. What we deem as human is memories, self awareness, plans for the future, the ability to suffer.
  7. (see car example) Just because the see a pile of parts and call it a car doesn't make it a cr.
  8. Viability and the capability to suffer and be aware of existence at least a rudimentary level. There is no precise moment (see Xenus paradox).
  9. Memories, self awareness, the ability to feel pain, the ability to suffer, the ability to plan for the future, the instinct to survive.
  10. Viability, self awareness, the ability to feel pain, the ability to suffer.
 
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