Hello again. The month of May seems to be my blog posting period, I suppose. Truthfully, I would like to write more, and one thing I’ve discovered is that more people read if you write consistently and frequently. Well enough. I would add that you should only write consistently and frequently if you also have something to say. I haven’t discussed abortion in a while. In fact, it’s been three months to the day since my last posting on this subject, but more material has come to my attention regarding the language and arguments surrounding abortion.
Today, I want to consider the growing consistency of pro-choice arguments. There is certain language surrounding our laws that alarms me. Consider: you’ve heard of a ‘wrongful death’ lawsuit, I’m sure. Basically, that’s a legal action where you argue that someone else’s actions or neglect resulted in a death. This sort of suit is usually, though not always, brought about against doctors, and we can easily understand why. If a doctor prescribes the wrong medications after surgery and it kills you, your family is naturally upset and wants some sort of payback from the hospital. While there’s debate on the types and degrees of wrongful death suits that are available, I think most of us can understand what drives someone to bring that sort of action against a hospital or against a particular doctor.
How many of you, by contrast, know what a ‘wrongful birth’ lawsuit is? I’m not being sarcastic and I’m not making this up. There really is such a thing, and the more I think about it, the more alarmed and disgusted I become both as a Christian and as a person that might’ve been a victim if I’d been born to different parents. A wrongful birth lawsuit is arguable if you can claim that: (A). The doctor failed to correctly perform certain prenatal tests or to inform you that your child stands a good chance of being born with congenital birth defects; (B). you’ve been burdened with a large amount of unforeseen financial expenses because of your child’s birth with defects; and (C). that you would have aborted the child if you’d known about the child’s birth defects. There’s a good legal definition and some case examples in the Free Online Law Dictionary. http://legal-dictionary.thefreedictionary.com/Wrongful+Birth.
On the theoretical level, lawsuits like this are merely a natural outgrowth of both legalized abortion and of more comprehensive genetic testing. After all, you wouldn’t have been able to make this claim in a court of law before 1973, because until abortion was recognized by the supreme court in Roe v. Wade, it was illegal. So you didn’t have the option of arguing that you would have aborted your child if only you’d known. The other half of that is our more advanced knowledge of genetics and our technologies for genetic testing. After all, without the ability to accurately diagnose both current and likely future genetic difficulties, you wouldn’t be able to make this claim either. In 2012, though, our knowledge of and our ability to test for latent or present genetic defects are improving all the time. Now, this is not going to be a philippic against the supreme court or against genetics technology. I just want to point out that those two things together make cases and issues like the ones I’m going to talk about possible in the first place.
No one will deny that the law is convoluted and that lawyers’ perspectives don’t represent most of us in our views. So as long as I was talking about mere points of law, you might have been able to wave your hand in dismissal and go, “that’s lawyers for you.” As an aside, my apologies to my lawyer friends out there, but that profession isn’t highly esteemed for some understandable reasons. Back to the main point. We’re not just talking about theoretical points of civil law. Parents have actually made these arguments. I want to highlight a couple of cases before sharing my thoughts on this new consistency in pro-abortion thought.
First case. In 2002, Daniel and Amara Estrada had a son, Aiden. Aiden was born with Smith-Lemli-Opitz syndrome, a genetic abnormality that can result in anything from mild mental retardation to profound mental impairments and malformed body parts and organs. It’s a disorder with a wide range of symptoms. In any case, the Estradas’ doctor didn’t catch this possibility until after Aiden’s birth, but he told them it wouldn’t happen again. So in 2004, the Estradas gave birth to Caleb. As it happened, Caleb also turned out to have SLO syndrome. The Estradas sued their doctor and the University of South Florida and won. It took an act of the Florida legislature in March of 2010 to actually get the Estradas their payout, an amount totaling over twenty-five million dollars. More information is available here. http://www.genomicslawreport.com/index.php/2010/08/17/resolution-in-florida-wrongful-birth-case/
Now then, in the Estrada family’s defense I do not see that they ever claimed that they would have aborted their first or their second child if they had been properly informed of the children’s genetic abnormalities. I still don’t know what I think of suing under those circumstances. Though as far as I can determine, they sued specifically because of the errors made by the doctors on-hand. The reason this case made it into my blog post is that the Estradas had to utilize Florida’s wrongful birth legal framework to bring this action against USF at all. In 2007, Florida State Senator Victor Crist acknowledged the scary slippery slope that this legal action could set in America, “In the 15 years I’ve been in the Legislature, I haven’t seen that kind of issue. This has a potential moral question that could become a potential political issue. I don’t know what the Legislature will do with that.”
Second case. This is the case that inspired this post, and it makes me angry as well as scared. I’ve known about it since it made the news two months ago, but now it’s time to discuss it. Arial and Deborah Levy of Portland gave birth to their daughter Kalanit in June of 2007. Kalanit is the Levys’ third child and their only daughter up to that point. I don’t think they’ve had any children since, but I don’t know that. Kalanit was born with Down syndrome, a fact that previous genetic testing didn’t turn up. What makes this case different from the Estradas’ case is that in their suit against Legacy Health Systems of Portland, the Levys actually claim that they would have aborted their daughter if they’d known she would have Down syndrome: http://www.oregonlive.com/portland/index.ssf/2012/03/portland_couple_sues_legacy_he.html. In March of this year, the jury awarded the Levy family around three million in damages to care for this child.
This family has taken a firestorm of criticism because of their legal action up to and including death threats. I don’t condone death threats or violence, but I understand the public outcry and the anger. Remember, they didn’t just claim that the doctors screwed up. The doctors might or might not have. I don’t know about the ins and outs of genetic testing or the error rate of the tests they had done. They actually claimed that they would have aborted their child—that means killed if you’re not paying attention—if they had known their daughter was going to have Down syndrome, and that, not the malpractice angle, is what has people up in arms over the case.
Before we move on, I have to say that I could have been a victim. If I had been born to these parents and had genetic testing turned up anything funky, or even if they’d detected physical abnormalities that would have led to my blindness, I might never have been born. That’s scary. I was outraged along with the rest of us. What angered me most was the family lawyer’s claim that the Levys love their daughter very very much. Sorry, but suing a hospital because you would rather have aborted your child does not constitute an act of love. However, and here we reach the point most relevant to conservative Christians who want to throw stones, we are still called on to love and to pray for the repentance of the Levys. I’m reminded of Little Finn, a Down syndrome child in one of Randy Alcorn’s novels. One day, the Levy’s will have to answer to that child and to God about the unworthy motives that led to this legal action. I don’t envy them that. Meanwhile, death threats and fire and brimstone sermons aren’t helping us or them. Righteous anger is one thing, but we must move beyond that if the Christian community is to serve the Levys at all now. Having said that, let’s get back to the issue of abortion.
Let’s get away from legal cases now. As another blogger pointed out, cases like these mark a potentially broader shift in the abortion debate. It’s a particularly twenty-first-century development as well. My last two postings on the language of abortion argued that we often use language to conceal and soften our intentions. Calling a baby ‘tissue’ or using language such as ‘terminate the pregnancy’ are examples of such vague language, but what happens when people come face to face in linguistic terms with what they’re doing? Well, as Randy Alcorn’s son-in-law properly points out, they either stop what they’re doing or they harden their consciences still further. Let’s look at the second of those possibilities.
You use words like ‘terminate’ or ‘rights’ or ‘tissue’ to make the topic less divisive, more emotionally disconnected from the participants in the conversation. Yet, what is at play when you make statements like those in this Slate Magazine article from February 27. It’s written largely in the mother’s own words, and I’m going to refer to it heavily, so have a look. http://www.slate.com/articles/double_x/doublex/2012/02/rick_santorum_and_prenatal_testing_i_would_have_saved_my_son_from_his_suffering_.html When Rick Santorum was contending for the republican presidential nomination, he made no secret of his opposition to certain kinds of prenatal testing, arguing that those tests led to increased abortions, and abortion is something he opposes. Ok, I have nothing to say about his point and whether or not genetic testing leads to abortion. What concerns me here is one very vehement response he received as a result of that stance. Now, Emily Rapp writes intelligently, articulately and at length. She uses language and terminology aimed at the well-educated and well-read. This is not an unlettered diatribe. She can’t be accused of not having thought this through. For all of those reasons, the problem here is ever so much worse. That is to say, she knows exactly what she’s saying.
Emily talks about her two-year-old son, Ronan. Ronan has Tay-Sachs disease, a genetic disorder that has quite a number of severe symptoms and that leads to an early death for just about anyone who has it. It’s not pleasant for anyone involved including both the parents and the children. It’s terrible, painful and heart-rending. I will face up to those facts right now. I understand that Ronan will not live long and I agree that his quality of life is, by human standards, abysmal. I don’t envy Emily for everything she must be going through watching Ronan suffer, and my heart goes out to her as she deals with this tragic situation.
What hurts me, though, is her chosen response to it. She doesn’t ask God, “why did you let this happen to me?” That’s an understandable and frequently posed question. Job asked it. We all do. To ask God why he allows something to happen, for all that God is God and we don’t know why he does most of what he does, this is an understandable question and it has one thing going for it. The very question acknowledges that God is in control and that he has a reason for what he permits. The atheist and agnostic version of this question would be, “if there is a God, why would he allow this to happen?” Even that form of the question admits of a discussion about God and his divinity. Emily doesn’t ask either question. In fact, she asks no questions at all. I could wish she would ask questions. Instead, she makes statements like this one: “I would have found out what the disease meant for my then unborn child; I would have talked to parents who are raising (and burying) children with this disease, and then I would have had an abortion. Without question and without regret, although this would have been a different kind of loss to mourn and would by no means have been a cavalier or uncomplicated, heartless decision. I'm so grateful that Ronan is my child. I also wish he'd never been born; no person should suffer in this way—daily seizures, blindness, lack of movement, inability to swallow, a devastated brain—with no hope for a cure. Both of these statements are categorically true; neither one is mutually exclusive.”
When she talks about her statements not being mutually exclusive, Emily means that she doesn’t see contradictions in the statements, “I’m so grateful that Ronan is my child,” and, “I also wish he’d never been born.” Well, as a linguist who is trained in philosophy and logic, I first want to say that I do perceive a contradiction. I do not see how both statements can be true. If the first is true, that she’s grateful for her son, I don’t see the second as being possible. Regret his suffering? Yes. Regret her own sufferings as his mother and an observer of this terrible disease? Absolutely. Wish he’d never been born? … No. Put the other way around, if, as is clear from her extended article, Emily believes it would have been better to abort—again that means kill—her son before he was born, then on what grounds does she make the statement, “I’m so grateful that Ronan is my child.” What, exactly, are you grateful for? That’s my question here. I want a list. I have a list of the reasons she wishes he hadn’t been born, but again as a philosophizing linguist, I say that the first statement about being grateful for her son is wholly unsupported in this long lament. Let’s go on.
In another section of her discussion, Emily says of her own birth as a person with a disability: “My mom did not have a choice about terminating her pregnancy, although when I was born and she was told that I might be retarded, that I might never walk, and that given these possibilities she might want to consider institutionalizing me, she probably wished she'd had the choice.” She probably wished she’d had the choice? That’s very presumptuous of her to say and possibly very hurtful from her own mother’s point-of-view. Did her mother tell her that? I doubt it. If she had, the word ‘probably’ wouldn’t have been in that sentence. What is likelier, if we’re going to deal with probabilities, is that her mother doesn’t or didn’t think of the question in Emily’s terms and that Emily is projecting her own disregard for life—because disregard for life is what’s at the bottom of this whole discussion here in the twenty-first century—backwards onto her mother’s own situation
Now, I realize that saying that someone or that many someones display a disregard for human life is a very serious statement. However, such a disregard for life is at the bottom of the new shifts in the abortion debate and so I will endeavor to prove it. At the close of her article, Emily Rapp has this to say: “Santorum believes that all life is inherently valuable, no matter how compromised or of what limited quality; that is one view. I believe that we need a more nuanced discussion about what quality of life is, and that it should be a woman's right to choose to terminate a pregnancy when the path of her child’s life is as compromised—and as terrible—as my son’s.”
Let me put this into plain English. Emily Rapp’s considered opinion is that a woman should have the right to decide whether her child lives or dies based on what she, the mother, feels would be that child’s quality of life. She talks elsewhere about women having reproductive freedom and the right to decide what to do with their own bodies. Second point first, she does have that freedom. Outside of rape and incest, sex is a choice for both a man and a woman. You can choose to have it … or else not. But when a new life is conceived, we’re not just talking about the mother’s body anymore. I’ve already spoken at length about this in the first blog posting devoted to this subject. The baby is not the mother and his body is not her body, so enough of this, “it’s my body,” rhetoric. It’s rhetorically misleading and biologically untrue.
As to what Emily says in the quote above, it goes beyond the traditional “my body, my choice” rhetoric. Emily freely admits that we’re dealing with another life. She’s not trying to argue that Ronan is part of her own body, though her article is generally couched in those terms. What she’s actually saying here is that she, Emily, should have the power of life or death over Ronan and that she should be free to choose death for him. In fact, she comes out and says that she would have chosen death for him if she’d known about his condition.
Is it just me? Am I the only one scared by the shifts in the abortion discussion? Suppose I was conceived today. Suppose the doctors told my mother that I had a whole slew of physical defects that might crop up and that it’d be best to abort me. As it happens, I was born with a whole slew of physical complications. I had every organ system in my body shut down at one time or another. I was given less than a day to live at one point. I had a hole in my heart when I was born. No doctor at my birth or even before it had any reason whatever to suppose that I would live. None. And I was born a decade later than Emily Rapp, remember. So according to today’s thinking, my mother could abort me and justify it by saying, “Brad would have had a terribly poor quality of life. I didn’t want him to suffer.” Well as it happens, the only lingering physical consequence from that tempestuous few months of my mother’s pregnancy turns out to be total physical blindness. Thirty years later, I’m hard pressed to complain.
Emily asks for a more nuanced discussion. More nuanced than Rick Santorum’s idea that all human life has inherent value. The only real way to nuance that would be to say that all human life has inherent value, but some human lives are inherently more valuable than others. And, Emily, why are we just restricting this to physical defects? Should we agree that a mother on welfare should be free to decide not to raise her child in poverty and so he or she gets aborted? Or should we perhaps say that if I don’t want to raise my child in the lower middle class, I should have an abortion? Maybe we could narrow this down further. Crap, what if I live in south central L.A? Supposing I don’t want a child of mine to go to these schools or be exposed to these gangs, but I can’t leave L.A. Maybe I should have an abortion and just reconceive later on when I’ve moved to Seattle. I’m not being outrageous or exaggerating her point. I’m merely offering the nuances that Emily Rapp asks for when she insists on a more complicated view about quality of life and abortion.
When you open the door that Emily and people like her want opened, the door behind which quality of life is freely and openly used to justify abortion in the most straightforward of language, you get another word that goes beyond abortion. That word, my friends, is ‘eugenics.’ http://dictionary.reference.com/browse/eugenics Eugenics is the study or practice of improving the human population by selectively weeding out undesirable traits e.g. not allowing a child with a potential or actual genetic defect to be born, lest they pass it on. Or not being allowed to conceive because you’re a carrier. When we get to a point that genetic testing is used solely to determine whether or not to have abortions—and that’s not very far off—then we will be practicing a grassroots form of eugenics. We have all but eroded moral objections to abortion. The legal cases and the Slate article above merely showcase the extent to which we as Americans have stopped thinking about abortion as something you ought to do or ought not to do, and started thinking of it in its most utilitarian terms, “Do I want to raise this child? Should this child be allowed to live given these problems?”
Let me leave you with a futuristic situation. Supposing I’d been born twenty years from now. Suppose further, let’s say fifty years from now when I would be 30, that I was dating a woman and I asked her to marry me. Suppose finally, that she, being in love with me and finding me in every way suitable, she said sure. Only thing is, would I mind getting a genetic test. We do the test, and I show up as a carrier of an obscure ailment that I might pass along to a child. Supposing then she decides not to marry me based on this genetic test. Or as an alternative, supposing she does marry me anyway. Then she gets a genetic scan done and I come home to hear, “Well, I had to terminate today.” When I ask why, she might say, “Well, honey, it’s that thing on your thirty-second chromosome. Well they said our baby might develop it when he’s forty. I didn’t want that! You wouldn’t either, would you?”
You know the worst part of that scenario, both of those scenarios? We don’t have to wait fifty years for either of those things to happen. They could happen today. We’ve got the technology and there are such things as genetic councilors. We’re well on our way to having the mindset too.
When you stop thinking that all life is inherently valuable, you begin deciding for yourself which lives, whose lives, are valuable and whose are less so. What is the result? The results are abortion based on genetic testing and eugenics-like thinking. Proverbs 21:2 tells us, “Every way of a man is right in his own eyes.” There’s a second half to that verse, but this half contains the message we need to hear. Emily Rapp uses words like ‘moral’ and ‘value’ in her piece. While I don’t doubt her sincerity, she doesn’t use the word ‘God’ even once. When you eliminate God as the source and standard for your value judgments, that doesn’t mean you’re incapable of making what you perceive to be value judgments. Just like if you decide not to spend money issued by the treasury, that doesn’t stop you from printing your own money and spending it if you can get away with it. But the fact that you can make your own money doesn’t include with it the idea that you ought to, nor does it invalidate legal money. Similarly, the fact that you can form opinions about moral standards on your own strength of intellect doesn’t make those standards right. Just the opposite, in fact.
Last but not least, why does God make—or allow to be made—children with physical defects? Tough question. I don’t claim to have the answers. Here’s one possibility though. Is it possible that God allows a child with Down syndrome to come into the world so that the child might be instructive to the parents? Is it possible that Emily was gifted with Ronan, not that she might bemoan his fate, but that she might learn grace, patience, unconditional love and charity from him? No, unconditional love does not entail wishing your child had never been born. It excludes that wish, actually. I don’t know why Ronan or Kalanit are here. Jesus won’t ever answer that one for me. Like Aslan, he tends to tell people no stories but their own. But it is possible. Finally, I will tell you what I do know. I know that God does indeed allow children with physical defects to come into the world. I leave you with this thought: “But Moses said to the Lord, “Oh, my Lord, I am not eloquent, either in the past or since you have spoken to your servant, but I am slow of speech and of tongue.” Then the Lord said to him, “Who has made man's mouth? Who makes him mute, or deaf, or seeing, or blind? Is it not I, the Lord? Now therefore go, and I will be with your mouth and teach you what you shall speak (Exodus 4:10-12).