I’ve been looking for a long time for a coherent attempt by those who profess to be pro-life to explain to me why pursuing individual state personhood amendments is a bad idea.
Personhood amendments would place into state law, subject to inevitable court challenge, the idea that for legal purposes fertilization is the point at which “personhood” begins. It is a direct attempt to nullify Roe v. Wade by turning the judicial majority’s own words around (“If this suggestion of personhood is established, the appellant’s case [or Roe's case] collapses, for the fetus’ right to life is then guaranteed by the 14th Amendment”).
Sounds like it’s worth a try to me.
So did a lot of people in Mississippi, where a personhood initiative was on the ballot a week ago.
But the Catholic bishop there didn’t take a position on the initiative, and it apparently got no help and perhaps even some opposition from national pro-life organizations. The initiative failed 42%-58%.
Then the rationalizations began, first via Steve Ertelt at LifeNews.com, along with a Sunday item at the Catholic News Agency by Benjamin Mann.
Before I go on, I want to make it very clear that I believe that both gentlemen and the mainstream pro-life movement are well-intentioned. That said, I think that Ertelt, Mann, and those they went to for support are wrong.
I expected to find one truly pertinent argument against personhood somewhere in the two items. I didn’t find one. Per Ertelt, Mann, and those they quoted, it would appear that the only reason to oppose personhood is basically this: “We’re afraid that the Supreme Court won’t like it.”
And if they don’t, exactly how is the prolife movement any worse off? (Roe has already been “affirmed.” So what if another “affirmation” occurs?)
Both gentlemen appear to believe that incremental approaches will eventually work. Mann quotes Joseph Scheidler, who says that “Maybe we need to bring people first to recognize the humanity of the child at 20 weeks, at 10 weeks, at 5 weeks, and save all the babies we can right now.” There’s nothing wrong with that, unless and until you use it as an excuse not to go for complete victory. Then I start having a real problem. Unfortunately, that’s where I believe too much of the pro-life movement is.
For better or worse and after some hesitation, I ended up posting the following comment at Mann’s column (CNA indicates that the comment was “edited by a moderator,” but that was only to remove my blog’s URL, which for some reason it didn’t want listed):
This is pathetic.
Why not at least support trying the personhood approach when the opportunity arises instead of refusing to engage in the fight because you somehow “know” that it would fail in the courts?
I don’t agree with the folks who say “personhood or nothing” because you must try to save those who can be saved in the meantime with measures such as heartbeat bills, but to just give up on personhood because of the Supreme Court’s current makeup, which appears to the be the only thing resembling an argument raised against pursuing personhood efforts by the folks involved is, well … it’s painful to say it because I know the people involved are generally well-intentioned and believe in what they’re doing, but I don’t know what other word fits … cowardly.
I should also have asked, “Do we no longer believe that God can change hearts and minds?”
There’s also the argument, with which I agree, that a truly courageous, conscientious, and committed president could and would declare that when the Supreme Court ruled on Roe, it issued an opinion, not a law (which is a fact), and that for Roe v. Wade to become “the law of the land,” Congress will have to pass an actual law saying that it is (good luck with that). Instead of that impossibility, he (or she) will instead work to have Congress pass a law which will be declared ineligible for judicial review (a constitutionally permissible option) declaring the scientifically obvious truth that human life begins at conception. Oh, and in the meantime, the constitutional foundation known as the Declaration of Independence, which declares that life is a fundamental, God-given right without qualification as to stage, will be in force. Presto, America once again becomes a pro-life nation true to its stated values, and the Supreme Court’s anti-life majority can pound sand. Unfortunately, a credible presidential candidate willing to do all of this has never come along in the 38 years since the Roe ruling.
Reader reax is welcome, though I probably won’t get to review and/or clear comments until late this afternoon.