Abortion / Abortion Debate in the United

¶ … Abortion / Abortion Debate

In the United States, an individual's rights are guaranteed by law and the National Constitution. Laws encompass all aspects of the cultural definition and are likely to change over time as the social, political and religious foundations of the culture change. Abortion is a religious issue as well as a medical, social and legal issue. The debate over abortion is centered, naturally, on the moral issues of taking a human life and the consequences of such acts for the individual and social well being of society.

Autonomy and the rights of the individual play a large role in the argument for pro-choice. It is argued that having an abortion is a personal and moral decision, not to be delegated to the state or to be mandated by law. For the most part, Americans seem to feel that the issue of abortion is one where both the personhood of the fetus and the individual's right to choose are issues that must be considered in legislating for or against abortion.

An argument for individual rights can go both directions. Abortion is viewed as 'murder' by those who view the fetus as an individual. Early American law reflected this belief by declaring abortion as a lesser crime than homicide until 'the quickening' of the fetus and as a felony thereafter. These are strong opinions that have, in the past, been validated by the laws of the land. The early courts entertained the distinction between the death of the fetus while in the womb as opposed to those in which the baby was expelled before dying - another reflection of the belief that the child is an individual with rights under the law.

Both sides of the argument also call on the humanist principle of life as an intrinsic, innate value or that human life is sacred in and of itself. From this perspective abortion is wrong not because it violates the rights or interests of the fetus; it is wrong because it offends or demeans the sacred value of life. Those unable to make choices for themselves are thought of as 'vulnerable' and include the unborn fetus, victims of war and the elderly (Horn, 2001).

Richard McCormick, in his essay, Abortion: A Middle Ground, he presents the argument that abortion should be confronted under the heading of a consistent life ethic. The phrase was originated by Cardinal Bernardin to describe the ethical stand that all life is worthuy of protection and that it is ethically correct to protect life at all stages. However, there are a number of instances where the taking of life is socially acceptable and the moral considerations are not defined in terms of 'rights'. Seen from this vantage point, abortion is seen as a moral predicament and social problem with antecedents that can be identified as well as addressed outside of the moral arena.

Among these 'middle ground positions' are during the course of war when killing becomes not only acceptable but necessary and expected. Another middle ground position is when killing becomes neccesary as a matter of self-protection. Quite often, the need to save the expectant mother is another position where the death of a child is thought to be socially acceptable.