GOP presidential
hopeful, Mike Huckabee, believes
that a 10-year-old rape victim should, if impregnated as a consequence of the crime, be
forced never-the-less by the state to carry the rapist’s seed to term.
Every woman who
becomes pregnant, regardless of the circumstances, whether by consent or not,
should be forced by the state to endure the entire pregnancy to term – no exceptions
allowed -- she must have no choice whatsoever in the matter, Huckabee maintains.
“Creating one problem that is horrible — let
nobody be misled, a 10-year-old girl being raped is horrible — but does it
solve a problem by taking the life of an innocent child?” Huckabee reasons. “And
that’s really the issue… I just come down on the side that every life is
precious. I don’t think we discount the intrinsic worth of any human being, and
I don’t know where else to go with it.”
Mike Huckabee is a religious
extremist. Of course, this is the position of every anti-abortion religious extremist.
They reason that an unfertilized egg automatically becomes a “person” entitled
to all the legal and constitutional rights enjoyed by you and me and every
other “person.” A “person” comes into existence at the moment of conception,
therefore all abortions are murder. Thus no abortions should be allowed by law,
period.
As a libertarian I find
this position appalling, extremely illogical, and profoundly anti-liberty. Yet
when I point this out as a valid argument against the extreme anti-abortion
position, my friend, Thomas Knapp, accuses me of demagoguery. “To
put it more bluntly, the ‘rape and incest exception’ attack is demagoguery — a
crass play on emotion rather than an appeal to fact. As a pro-choice
argument, it’s an epic fail.”
I have enormous
respect for the opinions of Tom Knapp. I agree with him probably 95% of the
time. I would never question for a moment his libertarian credentials, but in
this instance I could hardly disagree with him more.
Tom thinks that Huckabee’s
position “flows inexorably from the
logic of his larger pro-life stance, and is in fact a libertarian argument… A libertarian argument, not THE libertarian argument” he admits. “Libertarians differ among ourselves on abortion (no, I’m not going
to tell you where I come down on it),” he says.
Why not, Tom? The
positions are certainly not mutually exclusive, are they?
“Some of us are
pro-choice. Some of us are pro-life. But all of us view the issue through
the lens of the same principle: That it is impermissible to initiate
force and that we may only use force defensively or to recover
damages from someone who “threw the first punch,” observes Tom. “Pro-choice
libertarians believe that a fertilized embryo or in utero fetus is not a person
with rights, that the mother is fully entitled to control of her own
body, and that forbidding her an abortion would be an initiation of
force against her…Pro-life libertarians believe that at some point prior to birth
(for some, that goes all the way back to conception), a fertilized embryo IS a
person with rights — a person who has initiated force against no one and who
therefore may not be permissibly killed.”
“Coming from the pro-life
libertarian position, Tom argues, "both the 10-year-old pregnant girl and her
unborn child in this story are victims of an aggressor (the rapist whose
actions resulted in the pregnancy). Abortion violates the rights of the
unborn child, who is not an aggressor, and is therefore morally
impermissible (unless, of course, it becomes a matter of
self-defense, i.e. carrying the baby to term would kill or gravely harm
the mother).
“The problem with the
“rape and incest exception” position is that it doesn’t address the questions
raised above, he concludes “If abortion is a right, it’s a right whether rape
or incest are involved or not. If abortion is not a right, rape and incest
don’t make it into a right.”
First of all, it is not factually
logical to hold that both the 10-year-old girl AND the unborn fetus are victims
of the rapist aggressor. There is only one victim and one aggressor. The rapist
forced his penis inside that little girl. He forced her to take his bodily
fluids into her vagina. He forced his seed into her uterus. That seed is HIM.
The chromosomes are HIM. The DNA is HIM. So it is HE who penetrated her egg
without her consent. So her egg that HE fertilized his HIM – at least 50% HIM. The
fertilized egg is not a victim. At least 50% of it was the aggressor. It is NOT
precious. It is certainly not precious to that little girl; the victim.
That little girl had a
right to cast HIM out of her body right there and then as a matter of self
defense – indeed, choice, if you will -- from the time he forced himself upon
her and beyond before it comes to term. It was unwanted from the start. That
pregnancy is going to take a toll upon that little girl’s body. That pregnancy
is going to take a psychological toll upon her for the rest of her life and
even worse for her if it goes to term and the rapist’s offspring is born.
Secondly, that rapist’s
bodily fluids; his sperm cells; his seed had no rights. It clearly isn’t
precious by any definition of that term. How does the rapist’s seed factually
and logically acquire the right to continue in existence simply by forcing its
way into that little girl’s egg. That rapist’s seed is not innocent; far from
it. It’s guilty, albeit perhaps, unconsciously so, because it is HIM. It his
part of how HE perpetrated HIS crime upon her. HE did it to her.
Had HE not penetrated her egg by force, that egg would have been
naturally discarded in the normal course of the little girl’s menstrual cycle.
In short, that egg was destined to rightfully be destroyed. It wasn’t precious. That egg had no right to
live by any definition of fact or logic.
Finally, the belief that
a fertilized egg is a “person” from the moment of conception is both factually
and logically is absurd. At the core it is a religious belief and a relatively
recent religious belief at that.
One won’t, for example,
find that concept anywhere in the Holy Bible, the Koran, or anywhere else in
the recorded history of civilizations right up until the last few decades. The
origin of the idea of fetal “personhood” came with the fervent anti-abortion
movement, which has always been anti-liberty, and is unrelenting in its quest
to deny reproductive liberty to women. But neither God nor Jesus Christ ever
said that a fetus is a “person.”
We’ve all heard the old
adage: “Don’t count your chickens before they’re hatched, right? Think about
that. There is logic and wisdom in those words. It’s true for human beings too.
No civilization in the history of this planet has ever counted the unborn as
people, much less people with rights, and there are plenty of good reasons for
that. Not every fertilized egg comes to term. And, for that matter, no
fertilized egg or unborn fetus is equipped to exercise rights.
We count human beings as
people who have acquired the rights of persons when they are born. It has always
been that way; in ancient history; in Biblical times, right up until now. A new
person today gets a birth certificate – not a conception certificate. We
celebrate a person’s birthday – not their moment of conception. We count a
person’s age from the date of birth – not the moment of conception. And, on and
on; these are the facts.
Consider the Fourteenth Amendment
that I discussed in my last post regarding how anchor babies acquire their
citizenship. They acquire their citizenship when they are BORN here – not if
and when they are conceived here. So if an undocumented immigrant gets pregnant
in the US and is deported back to Mexico before she gives birth, her child is
not a citizen of the United States. It’s a simple as that. The “fetal personhood” position is wholly
without factual and logical merit.
This is not demagoguery;
it’s logic.