In case you’ve been living under a rock, states such as Mississippi, Georgia, Alabama and others have passes highly restrictive abortion laws, with Alabama passing an outright ban except in cases where the mother’s health is threatened. I’ve seen a few arguments being put forward against these bans, and I’d like to take a moment to offer my own (admittedly biased) opinion on them.
The first I’ve seen, and what I consider the weakest by far, is that these laws are being passed by men and therefore are somehow illegitimate. This is a variation on the canard that men are not in any way entitled to have an opinion on abortion. One could as easily suggest that women are not entitled to an opinion on prostate cancer. If we applied this legislative logic uniformly and consistently, only veterans would vote on bills affecting the armed forces or veterans, only minority legislators would vote on affirmative action legislation, and only legislators who have endured mental illness of some kind would vote on legislation addressing mental illness.
More to the point in this specific case, regardless of their gender, these are the elected representatives for their respective states engaging in the established legislative process for their states. That does not make the legislation they create ethical, moral, or even constitutional, but neither do their respective genders invalidate it. It is also worth noting that, at least in the case of the Alabama law, it was signed into law by Gov. Kay Ivey. While that doesn’t completely or even mostly offset the gender imbalance, it does show that this isn’t completely “a war of men on women”. In fact, according to Vox it’s not about men vs. women as much as it’s an ideological split.
The next argument, and still weak for my taste, is that some of these laws don’t include an exception for cases of rape or incest. One of the few things I can actually respect about the politicians who pushed through the highly restrictive law in Alabama is that at least they are morally consistent. They believe, wholeheartedly, that life begins at conception. Full stop. Not “life begins at conception unless of course it was a case of rape or incest in which case things get kind of squicky so we have to kind of just look the other way”. If you’re going to impugn someone’s bodily autonomy (don’t worry, we’ll get to that) there should be no half-measures just because the originating cause is distasteful. Either you’re all in or you don’t have the courage of your convictions.
So let’s get to the only argument that I believe is truly sufficient and relevant: anti-abortion laws are a violation of a woman’s bodily autonomy. The question of whether life begins at conception is, quite simply, irrelevant. That may sound harsh or even disgusting and immoral to you, but let’s take a look at a few tangential issues of bodily autonomy and see how they might shed some light on the matter.
First consider the matter of blood and tissue donation. Compulsory donation of blood or tissue of any kind is not only considered illegal, it is immoral and unconstitutional. Even if a criminal were to stand in the middle of 5th Avenue and shoot somebody (just to pick a random example) and, by complete coincidence, turned out to be a perfect blood type match for their victim, they could not be compelled to donate blood. No matter that it would do them no long-term harm, no matter that it would be a form of restitution for their crime. A criminal has bodily autonomy in this country.
Second consider organ donation. Whether from a living donor or a deceased donor, you have to have positive consent before you can take an organ for transplant. Not “lack of opting out of the system”, someone has to actively opt-in while they are alive. Consider the implications of that. If there is literally only one person in 10,000 who can provide a life-saving organ to someone who has literally been waiting for years on the transplant list, if they did not register as an organ donor or put in their will that they wanted to donate their organs after their death then too bad, so sad. A corpse has bodily autonomy in this country.
How about the legal ramifications? The Fourth Amendment prohibits unreasonable search and seizure, which the Supreme Court has extended to the collection of DNA in the absence of a warrant or arrest (a decision I have issues with, but that’s for another time). While these protections could (and should) be stronger, they still proscribe the government from taking DNA from anyone on a whim, including (just as a random example) non-citizens coming in at the border. In the absence of an arrest or a warrant compelling the production of DNA, even non-citizens have bodily autonomy.
So, here’s my proposition: the What’s Good for the Goose Act. A gender-neutral application of bodily autonomy in the law. Either everyone gets it or nobody gets it. Do away with these and all other forms of bodily autonomy under the law – or enshrine the idea of bodily autonomy in the law and do away with the idea that you can legislate another person’s body. Simple, fair, and easy.
Personally, I’m looking forward to getting that new kidney. And I say we go for the politicians first.
Note: While all of the ideas herein expressed are my own, I drew inspiration from questions, answers, and discussion on Quora.com. I highly recommend the site (and no, I’m not getting paid to say that).