December 9, 2023 at 8:37 am #200Jonathan BuhacoffKeymaster
The topic of abortion is multi-faceted and many people have strong beliefs on this topic. The following discussion attempts to apply principles used throughout the other proposals to define what is acceptable and what isn’t.
The balanced approach is to allow abortions when protecting the right to life, right to defense, or right to parental control; and to prohibit abortions at all other times to protect the unborn child’s right to life.
The right to life prohibits harming or killing an unborn child except in defense, or law enforcement, or lawful combat. If the mother’s life is at risk due to the pregnancy, an abortion is considered a defense of the mother. Defense is an exception to the right to life of the unborn child, and the doctor is protected by the right to defense when performing an abortion to save the mother’s life.
The right to parental control prohibits forcing someone to reproduce. This means if a female is raped and becomes pregnant, the female may choose to abort the pregnancy. It also means if a female becomes pregnant by accident, the female may abort the pregnancy. In of both these cases, since the pregnancy does not pose a risk to the mother’s life, the right to defense does not apply and the unborn child’s right to life must be protected. For this reason, it’s important to define stages of pregnancy in which an abortion is protected by the right to parental control.
To balance protection of the mother’s right to parental control and the unborn child’s right to life, the mother must have an opportunity to notice the pregnancy and make a decision during the early stage of pregnancy.
To be clear, there is no “right to abortion” and no person shall be compelled to assist a pregnant female with an abortion. This means the legislature may enact laws limiting the conditions under which licensed medical professionals may assist with an abortion. However, there also cannot be a complete ban on abortions. The legislature may not enact laws prohibiting pregnant females from seeking an abortion or traveling to seek an abortion or prohibiting doctors from performing abortions in order to protect the mother’s right to life.
A mother may waive her own right to life and choose to deliver the child at her own peril, but may not waive the unborn child’s right to life. For this reason, after the early stage of pregnancy has passed when the mother can make a decision protected by the right to parental control, the mother cannot arbitrarily choose to abort the pregnancy and abortion would only be allowed to protect the mother’s right to life.
No abortions allowed. Some people consider the fetus to be an unborn child immediately upon conception and are against abortions for any reason. This perspective precludes the right to life, right to defense, and right to parental control. People with such a perspective must be limited to declining to have an abortion themselves, and must not be allowed to violate the rights of others.
All abortions allowed. Some people have the opposite view, that a female should have complete control over her body and should be able to choose an abortion any time before the child is born. This perspective implies a belief that the unborn child is not a person and does not have individual rights. This perspective accepts the possibility of abortion in protection of the mother’s rights to life, defense, and parental control, but does not accept limitations on abortion in protection of the rights of the unborn child.
These two opposing perspectives are clearly not compatible with each other. The “no abortions allowed” perspective only acknowledges the unborn child’s rights and does not acknowledge the mother’s rights. The “all abortions allowed” perspective only acknowledges the mother’s rights and does not acknowledge the unborn child’s rights.
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