Abortion 2 States 2 End It

 

My mother convinced me of the pro life position in 1971, even though as a Colorado liberal at the time I had originally agreed with “liberalizing” abortion laws.  I have been staunchly pro-life ever since.

As such I have long reasoned that returning the power to regulate abortion to the states is a much better long term strategy against legal abortion than trying to regulate it in the federal congress.  I firmly believe that this state by state approach is not only the most  expeditious path, and by far the most clearly constitutional path, but in political reality it is probably the only path likely to win the ratification of a national Pro-Life Amendment.  Additionally, it can be shown that returning this power to the states (as compared to going the route of federal statutes)  while keeping on the front burner the goal of a national Pro-Life Amendment will result in fewer deaths of innocent pre-born humans; definitely in the long run, in the middle run, and even in the short run.

With the Dobbs decision I felt a deep rejoicing, as if a cloud of fear had been lifted from the nation.  However, since I live in Kansas, the rejoicing was short lived. A mere month and a half later I was shocked to the core when the “Value them Both” amendment went down to stinging defeat.  It became obvious that we have not won the hearts and minds of the majority to the pro life cause.

The logic behind returning these powers exclusively to the states is that by once again allowing some states to legally promote a culture with reverence for human life we will provide ourselves a way to win those hearts and minds. Once some smaller, most probably rural, states prohibit abortion, I firmly believe those states will experience a general improvement in social relations.  Returning to a culture that reverences human life will have profound long term effects on that culture, effects which will become obvious after a full generation is raised with those values enshrined in law. Having a living object lesson of the good that follows pro life legislation will be far more persuasive than all the arguments and advertising campaigns ever can be.

I also believe that in responding to that object lesson, over time (10-20 years), the people in some other states will follow the example after they see the social improvements that followed in the wake of officially being in favor of life.  As other states follow with pro life laws, the idea of a Pro-Life Amendment will start to sound very do-able.  Then, as the truth sinks in to the whole nation that a culture which has reverence for human life is a culture which will do well in establishing justice, family stability, lawfulness, prosperity, and peace in general, we will be able to get such an amendment ratified.  Thus the issue of legal abortion could finally, at long last, truly be settled. Admittedly, this is a somewhat rosy scenario (of such are all visions), but the big point is that by returning this important power of moral self government to state and local control, we will once again be using our form of government to symbiotically educate and elevate the thinking of the masses.

Contrast this rosy scenario with what is likely to happen is we go the route of using federal statutes to end abortion.  The most likely outcome is that we, as a nation, will remain divided and paralyzed on this issue, much as we have been for  the last fifty years.  I understand the arguments in favor of federal statutes, based on the 5^th  and 14^th amendments, the life, liberty and property clauses.  I don't much like it, but I don't think it's nothing.  I do see that it is legitimate to discern a right to life in that language.

A big problem, however, immediately appears. 

If a right to life can be constructed out of those clauses with enough weight to ban abortions nationwide, then I am afraid the right to liberty, which resides right there next to the right to life, could be twisted by those willing to do so to mean a right to abortion, and thus be imposed on the entire nation by congressional statute with equivalent constitutional legitimacy. 

Therefore, using the “life, liberty” language as a basis for constitutional authority, while not completely illegitimate, is both divisive and would prove to be indecisive. Both sides could use it.  The inevitable division such use will cause points out the truth that abortion is almost impossible for the American political mind to resolve, because it is the point where our two most fundamental rights, the right to life and the right to liberty, can be construed as coming into conflict with each other.  That is not a construction I favor, but many millions of my countrymen do favor it. 

That is why I don't believe the issue of abortion will ever be settled in America until we ratify a Pro-Life Amendment.

Thus, if we go the route of regulating abortion via federal statute the issue of legal abortion is likely to become (or remain?) a perennial political football, which will likely result in many deaths.  Every election, from representative to senator to president, will be federalized by this issue. One side grabs the reins, and prohibits abortion nationwide, and then the other side wins the next election, and mandates legal abortion nationwide. That thirteen week standard could easily become a double edged sword.  Our thinking on abortion will remain at this same paralyzed, hysterical moment for as long as we can imagine.  No shining examples of states revering life would be allowed when the Democrats are in power, so that object lesson won't even come into existence, at least not for long enough to get some purchase. Hearts and minds are much less likely to change.

 The issue of abortion can be counted on to perennially energize the concupiscent left, and continue the national mental paralysis, the deep division, this issue has long caused. Many innocent lives will be lost.

Here is the heart of it.  To win the cultural wars,we have to win the hearts and minds.

Those people on the other side, the concupiscent?  They are truly in darkness but they vote.  For many, the only thing they think they have left is their sexual lives, their intimate lives.  Every thing else, as they see it, is slave wage jobs, taxed and monitored.  So that is the hill they are willing to die on.

Today.

We won't win those hearts and minds by simply getting big and strong. That can easily drive the weak, demented and fearful deeper into the dark. (and rev up the black market abortion industry)  Let some time pass, with the abortion issue simmering down, some states legal, some prohibit, some partial.

As a lot of those folks get older, they will lose some of those early values, especially if no one is out there making them defend those old decisions every day.

Then, years later, as the perennial questions of  self government come up again, those would be some of the folks calling for a return to stronger morals.  Give the nation a chance to reflect and repent regarding abortion.  In that context, the thing that will most convince the masses will not be arguments, documentaries, or even education programs, no matter how well crafted or powerful.  Rather, shining examples of what an American culture which intentionally reveres life looks like will do the convincing.

Hold the federal approach in abeyance, not using it now, but keeping it in reserve. Instead, for now, let all us pro-lifers join together in insisting that it be worked out in the states.  If we join arms on this, the Democrats could not force the federal approach on us.  Then let's commit to making it work at the states, going beyond just prohibiting abortion and seeking a pro-life amendment.  Let us sincerely seek a culture of life.

If we are to encourage a culture with reverence for life, it must be one that enables young people to start families with confidence that hard work and frugal habits will be enough to raise that family successfully.  To require, especially young women, to sublimate those powerful desires for family until prosperity is reached on the terms dictated by modern corporate culture is to legitimize adultery. These desires will find expression, and that then becomes the backbone of the pro abortion movement.

All the needed changes can be made at the state, local and even just voluntary community levels. Prioritizing families in this way, with improved and ongoing education available to young fathers and mothers.  Tax policies which encourage young families, and which encourage companies to open entry level positions for young parents. Some of these moves might diminish the profits of some, but we could make these changes in traditional American ways, not involving federal socialism, and yet greatly aiding young families.  This is the way a society which reveres life must operate,and if sincerely done well, will bring about that shining example which will win hearts and minds.

In the short run, abortion will be greatly reduced in some states, and not noticeably change status in most states. Many babies will not be killed.

In the medium term, as more states limit abortion the general zeitgeist will start to feel like legal abortion is falling out of favor.  Many more babies will not be killed.  We will be winning the battle for hearts and minds.

In twenty to thirty years, going the route of the states, we could be looking at ratifying a Pro-Life Amendment.  Twenty to thirty years of going the federal statute route, and I fear we would likely still be in the divided, paralyzed, and hysterical status we are in today.  Additionally, tragically, many more innocent pre-born children will be lost going down that path.

As an ardent, nearly life long advocate for life, and as a born again Child of God, I pray and beg my fellow Pro-Lifers to consider the wisdom of this approach.  May God bless us.