more on abortion, infanticide, and personhood

[marta_bee]

I actually saw this one coming a mile away:

What the 'After-Birth Abortion' and 'Personhood' Debates Have in Common

A few weeks back I wrote about a journal article proposing that infanticides just after birth should have the same legal status as abortions just before. Meaning that they should be legal if the mother's welfare was at risk, and not even called infanticides. I find this claim preposterous, and I tried my best to explain why. Basically, I think there's a big distinction between legal status and moral status.

ChristianityToday, a major online and print magazine in the evangelical (not necessarily conservative, not necessarily fundamentalist, but just evangelical) publishing world made the above post in one of their associated blogs. Basically, the argument goes, this whole debate over infanticide comes from the recognition that there's no recognizable distinction between a fetus and an infant, meaning we should give  all the rights of an infant to a fetus. Think the personhood bills you've seen put out in U.S. states like Mississippi and Colorado.

The problem here is that the concepts of "fetus" and "born human" (to say nothing of human and person generally) are really not so simple, and we're using them like they are. I tend to think the whole abortion debate would be much, much easier if we thought about what we meant by a fetus. I'll grant that a fetus a minute before birth has more in common with an infant one minute after birth, than it does with a fetus one minute after conception. I'll even grant that some of the ways these three things are similar and different are morally relevant. All that proves, though, is that a fetus is a distinction where the members in it don't all have the same moral status.

There are a lot of big philosophical words floating around in there, so let me try to make this simpler. I'll give you that it's morally wrong to kill a fetus one minute before it's born. (Allowing the usual exceptions for self-defense, etc.) That doesn't mean it should be morally wrong to kill any fetus. And, just for the record, it doesn't actually mean it should be illegal to kill a fetus one minute before birth. The law's a blunt instrument and may not be up to the task of splitting that moral hair. It just means that not all fetuses are in the same position, morally speaking.

While we're on the concept of distinctions, it's worth looking at one more: human vs. person. On one definition, it's quite obvious that a newly-fertilized zygote is human. So is an amputated leg or fingernail clippings. Human here just means "has human DNA" or "has human cellular structure." But a doctor who amputates a leg to save the patient doesn't have to go through a hospital board inquiry, and I didn't have to explain to the police why I cut my nails last night. There's another definition of "human," which philosophers both prefer to call "person" to avoid speciesism and to avoid the confusion of using human in more than two ways. Persons are members of the moral community, things that have rights and responsibilities. Some philosophers use  the ability to feel pain; more common is the sentience idea, or the ability to act on something other than just instinct. But when a scientist or a bioethicist talks about a fetus being human, they don't usually mean it in the personhood case.

So to sum up:

1. Yes, fetuses are (genetically) human.
2. No, not all fetuses are humans/persons in the moral sense.
3. The solution is not to call a zygote a person - it is to recognize that fetuses exist along a continuum, and while some may reasonably be called a person, not all can.
4. So: drop this drive to call a zygote a person. It's not helping.

I am actually as dismayed by this journal article's claim as anyone else. The solution, though, isn't to double down and insist all fetuses are people. It's to recognize the very real difference between a zygote smaller than the period at the end of this sentence, and an eight-month old human baby that could survive on its own outside the womb.

It also wouldn't hurt to distinguish between a late-term fetus's right to life, and the mother of a late-term fetus's obligation to preserve that life. She may have such an obligation based on her past actions of not terminating the pregnancy, not using appropriate birth control, etc. (depending on the situation - this is a big if), but it's not all about a "right to life." There are other concerns that play out here, and the dueling claims in this situation are complicated. You don't do anyone any good by pretending this is a simple issue.