19 April 2007

Political Post -- Do Not Read If You Are Pro-Life (You Won't Like What I Have to Say)

Apparently I have been busy since our "Babymoon!" So, those of you who know me well will not be surprised that I am absolutely sick over the Supreme Court's decision to support the partial birth abortion ban passed by Georgie Porgie Puddlin Pie. And, my perspective has changed a lot since having a baby, but, I still think that banning partial birth abortion is ignorant and takes away a woman's options.

When I say my perspective has changed, I mean that when I was younger and focused on preventing pregnancy myself, I was a staunch supporter for abortion rights to protect the lives of young women everywhere and to let them decide when was best for them to have babies, and to know themselves well enough that it was not the time or place for a baby. And, I confess that when it turned out to be difficult to conceive our first child, I began to feel that children are such a blessing, period, that it is a shame to have an abortion unless there are extenuating circumstances about your health, the health of the baby, or the means by which you were impregnated (no women should be required to carry a child conceived out of rape). But, that did not change my fundamental belief that abortion should still be available, regardless -- it just meant that I became a >>little<< more judgmental about abortions purely for choice.

But, to go one step further, when I read through the coverage today on the Supreme Court's decision, it came screaming to me that this ban means something terrible for women whose unborn babies are found to have fatal or extremely debilitating genetic diseases. So, when you are pregnant, you do not have any testing done on the genetics of the baby until your second trimester -- even the "first trimester" screening falls so far towards the end of your first trimester, that you are already in your second trimester by the time you can act on the results. The second trimester is when parents find out about the genetics of their babies and they can make the decision whether to continue with the pregnancy or not.

I know I am treading on difficult moral grounds here, but, I just want to say this and have it out there. The decision about whether to continue a pregnancy or not is heart-wrenching and difficult no matter who you are or where you stand on the moral spectrum, generally. This is your child whom you will be responsible for and whom you will have to see suffer greviously if they have a physical ailment. I cannot stand it when my son coughs too much from a passing cold, much less see his whole body wracked with coughs all of the time because his lungs have no way of clearing out fluid.

And, the parents who are in these difficult positions and decide to spare their child from a lifetime of pain and suffering, are often most comforted by being able to hold their tiny baby after terminating the pregnancy. This was a REAL life for them and they honor it as such and they grieve for it as such. What this partial birth abortion ban means now is that if that child is taken from the mother in one piece and still alive so that mom and dad can feel the baby breathing and moving, even for just minutes, preserved as a whole human being, then the doctor will go to jail. I think that is wrong and ignorant and foolish and so focused on being judgmental and self-righteous that it makes me sick.

A lot has changed in terms of the types of genetic testing that can be done since the Act was initially passed in 2003, and I am surprised to see in the opinion from the Court that there is nothing talking about this aspect of live abortions.

And, of course, I am horrified that there is no health exception for the mother. To quote Justice Ginsburg, "None of the six physicians who testified before Congress had ever performed an intact D&E. Several did not provide abortion services at all; and one was not even an obgyn... . [T]he oral testimony before Congress was not only unbalanced, but intentionally polemic . . . According to the expert testimony plaintiffs introduced,the safety advantages of intact D&E are marked for women with certain medical conditions, for example, uterine scarring, bleeding disorders, heart disease, or compromised immune systems."

I realize that there are lots and lots of people out there who disagree vehemently with what I am saying. But, I am allowed to agree with the other four justices on the Court and reject the majority opinion.

12 comments:

Mary Beth said...

I have refrained from commenting because I'm still trying to figure out what all of this means.

To come clean I have to say that I'm Pro-Life, and when I say that I actually mean it. I mean that I'm in favor of life for everyone, unlike the crazy "pro-lifers" who will scream until they're blue in the face about how heinous abortion is but have no problem with bombing the hell out of innocent people in other countries (particularly if those people are brown). So I'm against abortion, war, the death penalty, and anything else that strips life from another being.

I need you to clarify this statement for me, "if that child is taken from the mother in one piece and still alive so that mom and dad can feel the baby breathing and moving, even for just minutes, preserved as a whole human being, then the doctor will go to jail." because obviously I'm missing something.

Help a sister out.

Mercedes said...

I see your confusion here and you are not going to like what I have to describe to help you out of the confusion. I don't want you to be completely grossed out or disturbed, but, this is gross and disturbing stuff.

Okay, so the specific medical procedure that is being upheld as unlawful by the Supreme Court is a procedure where the doctor induces the mother so her cervix opens up, pierces the membranes and then pulls the baby out vaginally in one piece and in the process purposefully puts a hole in the baby's head so that it dies.

The alternative procedure, which is still completely legal in those states that allow second-trimester abortions, is more horrifying, to my way of thinking. In this procedure, the doc induces mom, pierces the membranes and then tears the baby into pieces while still in the mother and then extracts the pieces. The idea being that if the baby is not ever viewed in one piece, then, it was never really a human or something. That makes no sense to me whatsoever -- why should one procedure be okay and another not? And, why is the more grotesque one okay and the other is not?

But, in any case, to go back to the point of my posting -- the law is written so that if the baby is delivered vaginally in one piece on purpose and the doctor KNOWS that such delivery will cause the imminent death of the baby, then the doc goes to jail. To me this means that even if the doc does not purposefully put a hole in the baby's head, but, knows that without steroids for its lungs, etc., the baby will die just because delivery was induced so early, then they could go to jail for that too. That means that parents who find out their baby will suffer from some terrible, painful disease and want to forego that for the baby's sake, and yet love the baby tremendously and want to see it and mourn it and cremate it or bury it will not be able to do so.

And, it seems to me that the grotesque version of second-trimester abortion that is still legal poses a much greater likelihood to harm the mother.

So, as I said, gross and disturbing stuff. And, I believe that if I knew someone had a second-trimester abortion just because it was not the right time in their life for a baby, then I would be judgmental of them regardless of their extenuating circumstances. But, we are just beginning to see the power of genetic testing and while I think that there are lots of moral quandaries to be worked out there, I think that having an option of preventing needless, senseless suffering is good.

Mary Beth said...

Oh, I totally understand the D&E procedure and the difference between the "hole in the head" procedure and the "in pieces" procedure.

My confusion was in the wording. So if a doctor conducts a PBA in the first scenario you described, then the doctor is breaking the law, right?

But on the other hand, if the doctor induces labor and delivers a baby in one piece (without the PBA procedure) but then withholds medical treatment (a ventilator or whatever), that is illegal as well?

So the only way to legally perform a D&E is if the baby has died in utero?

Mercedes said...
This comment has been removed by the author.
Mercedes said...

Sorry -- I wanted to be clear on what I was saying. ;-) My reading of the implications of the Supreme Court's decision are precisely that the withholding of medical treatment, etc., could also be illegal.

While they really focus on the hole in the head distinction in the opinion, the plain language of the statute they uphold here is "deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus and

(B)performs the overt act, other than completion of delivery, that kills the partially delivered living fetus." (overt act is not defined)

At the end of the day, the effect of the Supreme Court's decision is that a zealous law enforcement agency could throw the doc in jail for cutting the umbilical cord (is that an overt act?) and allowing the child to expire without medical intervention and then the lawsuits would begin from there, ultimately working their way up to the Supreme Court for clarification. In the meantime, there would be a strong chilling effect for other parents and docs to engage in the same type of procedure.

And, then, the Supreme Court would be stuck in this weird position of expressing a profound regard for human life, but, only human life that is healthy, or something. And, to the point I think you are making -- then they would also be in the weird position of mandating extraordinary measures to be taken anytime a child is born vaginally in one piece, and where do you draw the line. If it's a miscarriage, what then?

Kat E said...

I think medical decisions need to be made by doctors and patients, not by the government. Medical cases are not always clear-cut, and there needs to be room for people and their doctors to weigh their options and make the decision that's right for them.

And to MB, even though we're on opposite sides of the fence on the abortion issue, I do appreciate the consistency of your pro-life stance. I wish more people could see the big picture. A radio talker I listen to characterizes those crazies you mention by saying "they love the fetus, but hate the child" (meaning they rail against abortion but then don't provide funding for child healthcare, education, etc). Not to mention all those poor brown kids getting killed/maimed/disfigured by American weapons...

Mary Beth said...

Ritz, I definitely agree with you regrding the need for medical personnel and parents to determine the correct course of action.

A friend of a friend of mine was pregnant. Ultrasound after ultrasound showed that the baby had a huge sac of fluid on her neck and on her heart. Her doctors told her that the baby would probably only live for a few hours even if she was able to carry it to term. She never set up a nursery or had a baby shower. I can't imagine going through my pregnancy the way I am now, with strangers congratulating me and the cute college girls in the nursery at church asking to feel my belly, knowing that my baby wasn't going to live.

I honestly don't know what I would do in such a situation and I certainly don't think it's my place to judge someone else for the decision they make if they're in that situation. I don't know what I would say as a pastor to someone in that situation.

I know I'm preaching to the choir, but I defy you to read this and not weep. When I read a story like hers I have to be careful how I define the "life" in "pro-life."

Kel Bel said...

I have refrained from commenting thinking that I will have time to study and digest the opinion. I got about halfway through the facts section, so no doubt will have more to say later, but a few general thoughts:

-Mercedes you commented that you realized that you were treading on difficult moral grounds here. That is exactly the reason the state needs to stay out of this. Not everyone agrees on when life begins, and I don't think the federal government has ANY business legislating people's morality. What CHAPS my ass about this administration is that they purport to be about small government and giving people freedom to run their lives as they see fit...UNLESS that freedom extends to what you do with your body or in the bedroom. It's the highest form of hypocrisy.

-Kennedy spends way more time than necessary discussing the procedures in graphic detail. I think he is setting the stage to overturn Roe v. Wade. O'Connor was the voice of reason, and now that she has been replaced with Alito, overturning Roe is not a sky-is-falling theory. It could well happen, and you can bet your ass that pro-life groups are trying right now to find the perfect set of facts to get there.

-It is not necessarily inconsistent to be "pro-life" but to at the same time realize that that is your personal, moral view and that it might not be the best course to impose that view legally on someone who disagrees with you.

-I do not know whether or not I could have an abortion. Thankfully it is not a decision I have had to make. But I simply do not believe that any woman, given the perfect storm of circumstances, would not at least consider it. Even if they are against it morally. No one can be totally sure how they are going to react and deal with a traumatic experience until they experience it. And I think that a woman has a right to make what can only be an excruciating personal, medical decision without interference from the federal government. As Ritz wisely pointed out, medical cases are not always clear cut and easy. Neither are women's lives. And any abortion regulations that do not take the health of the mother (or cases of rape or incest)into account are just wrong, wrong, wrong.

-Outlawing abortion will not end abortions. Women have been seeking out ways to end their pregnancy since they have been getting pregnant. It will just make desperate women even more desperate and in turn they will likely seek out less safe ways to end their pregnancies. No matter your personal view on the issue, I do not think any woman should have to "pay" for her decision with sterility, infection or death from a botched, back-alley procedure. No rational person advocates abortion as a birth control procedure or as a convenience; however, that DOES not mean it should be outlawed.

I'm sure I will have much more to say after reading the Court's analysis more thoroughly, but I can torture Mercedes with that geeky law discussion offline :)

Mary Beth said...

Gee, Kel. I'm sorry you don't have any strong opinions or anything pertinent to share

:)

Kat E said...

"-It is not necessarily inconsistent to be "pro-life" but to at the same time realize that that is your personal, moral view and that it might not be the best course to impose that view legally on someone who disagrees with you."

Yes, exactly! In the whole abortion debate, we should not be arguing about whether or not abortion is good/bad...I mean, how many people seriously think "abortions are great!"? The questions is, can we make that choice for ourselves should the circumstances put us in that situation, or do we want to allow the government to make those decisions for us. If the democrats did a better job of framing the debate in this way, we might see some changes in opinion.

BTW MB, that story was very moving. I wonder why they can't use the technique described in that post (injecting the heart) instead of some of the more "gruesome" procedures you hear described in the current debate?

OK, now I'm done!

Mercedes said...

Well, in an ironic twist of affairs that just shows how ridiculous things have gotten in the U.S., Mexico legalized abortion this week. So, if abortions are outlawed in the U.S., women will just go to Mexico and die from complications from unsanitary conditions and overworked, undertrained doctors. All right, that last comment was harsh, sorry.

Anyway, MB -- thank you for posting that story and that is exactly the type of situation that has me most concerned about the Supreme Court's decision.

While I think, even in light of the decision, you do need to stretch the statute in question to cover this type of situation, I find the failure to define "overt act" the major failing of the statute. That is why the Supreme Court should have ruled the statute void for vagueness. I'm just saying. :-)

Kel Bel said...

MB - yes, well, guilty. No one ever accused me of being weak-willed, for better or for worse. But this topic, and the right to privacy in general, is a hot button issue for me that never fails to get me fired up :)

BTW I agree with all of you - that story was very moving, and made me cry. At work. Good thing the judge is away...