Thoughts on Surveying the News

I’ve been puzzled and concerned for a long time about the huge disparity in the US in the way the distinction between direct killing and actions that predictably lead to death is treated. For those who espouse a critically important distinction here, it is always wrong to end a pregnancy, just as it is always wrong to end a life in case of dreadful illness. For many this issue appears to eclipse all others.

Those whose alleged main moral concern appears to be preventing such direct killing (in the centrally bioethical context) maintain a powerful and well-funded campaign to get their own way. (I say alleged because, as we all know, many have no problem with capital punishment and/or war). Where the law fails to reflect their views, they find ways to ensure that the relevant services are unavailable anyway, by intimidation, violence, or economics. This state of affairs supplies an unending series of dramatic cases where the principle is maintained at all costs, even where no lives are saved, cases that, not surprisingly, draw to themselves an enormous amount of attention from those who do not accept the unvarying wrongness of direct killing.

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Money Talks

The Supreme Court of the United States (handily referred to in short as SCOTUS) heard arguments on April 22, 2013, weighing speech rights of grant-receiving non-profit organizations against the rights of the U.S. government to put restrictive conditions on the grants which they give.  At issue is whether the U.S. government, through the U.S. Agency for International Development (USAID) can require groups doing anti-HIV work supported by USAID to take a stance against prostitution.

 

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Tasmania Proposes Bill to Decriminalise Termination of Pregnancy

Whether or not women have access to safe termination of pregnancy is a critical issue for women’s health. In Australia, access to termination of pregnancy is governed by a patchwork of state laws. Many states still have abortion listed under nineteenth crimes act, creating the situation in which abortion is illegal unless certain conditions are met. These conditions may be specified in the various acts, or have been determined through case law. They usually relate to the likelihood that continuing the pregnancy will pose a grave threat to the health of the woman, and require certification from two doctors before the woman can legally be offered the procedure.

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Ginsburg on Abortion

The New York Times editorial page of April 3, 2013 cautions against putting too much stock in comments by Justice Ruth Bader Ginsburg “critical of the court’s 1973 Roe v. Wade decision that legalized abortion nationwide. It is not the judgment that was wrong, but “it moved too far, too fast,” she said at Columbia Law School last year, a view she has expressed in various speeches and law review articles.” Ginsburg’s comments are being used by those opposed to marriage equality to caution against a Court ruling that would affirm marriage equality as constitutional right.

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Necessary Restrictions? I don’t think so.

A commentary by Art Caplan alerted me to the recent case of a “surrogate” offered $10,000 to abort the fetus she was carrying, “Baby S.” After meeting with a couple through an agency, Surrogacy International, Crystal Kelley signed on to gestate their frozen embryos, one of which survived. Unfortunately, at five months, a sonogram showed that the fetus had serious abnormalities, abnormalities that led the contracting couple to ask Kelley to terminate the pregnancy, as their contract specified—although it included no details about what abnormalities could trigger that clause. Kelley initially refused, even though she was notified that the contracting couple was unwilling to assume legal responsibility for the resulting child. She was then offered $10,000 to abort the pregnancy. Although Kelley was opposed to abortion, she made a counter-offer for $15,000. The contracting couple refused, but by then Kelley had apparently decided that she would not have an abortion no matter what.  The contracting couple responded that they would take legal custody of the child, then abandon her to the state of Connecticut. In response, Kelley fled to Michigan, where she would be recognized as the child’s mother when it was born, and where she could get topnotch care for it. Because Kelley recognized that her circumstances precluded her caring for the child herself, she sought—and found—a family eager to nurture such a child. In the meantime, the contracting couple took steps to be named legal parents. In the end, the man relinquished his legal standing in exchange for the couple’s right to some social connection with the child.

What a mess…

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