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South Dakota
Legislation on Abortion
Author: Samuel Metz
Date: 3/2/06
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The abortion legislation is not about
abortion. It’s about sex.
But first, credit where credit is
due.
This legislation is morally consistent.
If abortion is infanticide, then it is fitting that no exception be made
for rape or incest. We do not kill children for the sins of parents. And
every pregnant woman would qualify under "health of the
mother," as carrying a pregnancy to term is ten times more
dangerous than an elective first trimester abortion.
However, the legislation is
scientifically incomplete. Science has not determined that life begins
at conception, but the South Dakota legislators have. So at their next
session, we can expect the legislature to outlaw "morning after
pills" and birth control pills that prevent a fertilized ovum from
implanting in the uterus.
The legislation is also morally
incomplete. The proposed law protects the life of the unborn child, but
not its health before or after birth. Where are the laws providing
easily accessible pre-natal care to women forced to carry unwanted
babies? What have legislators done to make adoption easier? How many
legislators adopted unwanted babies, especially those hardest to place:
older non-white babies with special needs?
Importantly, what have the legislators
done to prevent unwanted pregnancies in the first place? The defining
characteristic of abortion is an unwanted pregnancy. If birth control
renders every pregnancy a wanted pregnancy, abortion effectively
disappears.
But we see no laws addressing the
prevention of unwanted pregnancies. In fact, we frequently see
anti-abortion action accompanied by measures making contraception less
accessible rather than more so. "Evidence from around the world
shows that placing restrictions on abortion to make it harder to obtain
has much more to do with making it less safe than making it rarer,
" says Susan Cohen, of the Guttmacher Institute. "Yet in the
United States, abortion opponents take credit for the mounting state and
federal restrictions on abortion, rather than working to reduce
unintended pregnancy to begin with."
The inescapable conclusion is the South
Dakota legislation is really devoted to punishing promiscuous sexual
activity in women. Promiscuous sex, we infer from South Dakota, is
sex-for-pleasure rather than for child-bearing.
The ultimate purpose of anti-abortion
legislation is condemning female sex-for-pleasure practitioners to
compulsory child-bearing - and (in the absence of state-facilitated
adoption) child-rearing. Furthermore, promiscuous women receive little
or no help in keeping their unborn child healthy or with child care
after delivery. This will make any woman think twice before yielding to
the temptations of sex independent of creating more children.
Which is the intent of this
legislation.
Unfortunately, this construct,
apparently directed at premarital sex among teenagers, plays havoc with
marital sex among adults. It will shock South Dakota legislators to
learn that many women have sex-for-pleasure with their husbands. Many
already have children and cannot care for more. According the Alan
Guttmacher Institute, 60% of women seeking abortions in the US already
have children.
Ultimately, with abortion outlawed,
birth control inaccessible, and adoption an uphill battle, American
women can look forward only to as many sex acts as children they wish to
bear and rear. Fertile women who do not wish to be mothers will not have
sex, ever, even with their husbands.
The South Dakota legislature could add
significant moral weight to the premise that this bill is not about sex,
but about protecting the welfare of children, unborn or otherwise, with
the following supplementary legislation:
1. Statewide measures to educate
teenagers about birth control, including but not restricted to
abstention.
2. Increased accessibility to birth
control options for all women, and men.
3. Enable state-funded pre-natal care
for all pregnant women.
4. State financed adoption counseling
for birth mothers and adoptive parents, with substantial state subsidies
for parents who adopt hard-to-place children.
In the absence of such supplementary
legislation, we conclude what this anti-abortion legislation really
represents: male legislators making women who enjoy sex pay dearly for
it by bearing and raising unwanted, unhealthy children.
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