The Abortion Tax: A Modest Pro-Life Proposal

I sometimes wonder at the wisdom of the "regulating abortion to death" strategy (often called the "chip away" strategy because it nips around the edges, instead of attacking the heart of the issue). Most pro-life groups still support these measures. But is it a wise choice to support them, and to commit so much time, effort and money to them?

Will their strategy not regularize and normalize abortion by creating a well-regulated industry?

Will parental consent laws (while "saving some babies") not simply bring millions of grandparents into culpability for the murder of their grandchildren?

Will 20-week bans, or "heartbeat bills", while "saving some babies" who look and function more like cute baby boys and girls, not ultimately teach society (and, frankly, pro-lifers) that any fetus without a heartbeat, brain function, or some other commonly suggested measure of humanity are therefore less human? Less deserving of rights? Less valuable?

Will a law requiring a 24-hour wait so a mother can get an ultrasound, receive information about the humanity of her child, and cause her to reflect upon all this... While "saving some babies", will it not also convince the vast majority of mothers that inside their womb is a living, developing human child with their own unique DNA, with feelings (including the ability to feel pain), with a heartbeat, with fingernails and fingerprints... And yet it's your RIGHT as a woman to kill that unique, living human being.

But a recent epiphany has caused a change of heart. (I mean this, of course, in the manner of Jonathan Swift's "A Modest Proposal" (1729) - one of history's first overtly pro-life publications).

I hereby submit a modest tax proposal.

A Modest Pro-Life Proposal

If the goal is to "save some babies" through whatever means, as it certainly seems to be, then why not tax abortions??!!

If abortion is made more expensive, obviously it will become more difficult to obtain one, and therefore become less common!

A modest tax would have the real effect of reducing the number of abortions. We will have successfully "saved some babies!!!"

For that matter, why be modest? An even higher tax would surely have a greater impact, and would save even more babies!

Only the rich would be able to afford them! Abortion might even become a symbol of status... But I'm wandering from my point, aren't I?

There's plenty of precedent for this kind of tax. It's called a "sin tax." You pick a social behavior you don't like and you impose a tax upon it.

A sin tax has the added side benefit of generating tax revenue. The higher the tax, the more the revenue!

In fact, in many cases that's become the point of the tax. Here in Colorado, for instance, there's a tax on smoking which is used to fund state parks and public schools. God knows what the parks and schools would do if people actually stopped smoking, but...

You may also be aware of Colorado's marijuana industry (fully legal now) and the taxes which have been levied upon that. Many people are lauding Colorado's legalization of marijuana as a smart move, because of all the tax revenue and "economic vitality" it's brought...

I'm wandering from my point again, aren't I?

I guess there's a danger that our state will become too dependent upon revenue from the abortion tax. There's got to be a way around that.

Maybe we could use the money for "abortion awareness" - show people how awful abortion is, using TV advertisements funded by the abortion tax!!

For that matter, if we really started pulling in revenue, we could have a full-fledged offensive against abortion in the media! It could start funding the whole pro-life movement!

At least, until the number of abortions really started to go down. Then maybe we could increase the tax. But that would just reduce the number of abortions again. Hmm... How can we keep this going?

Maybe, so that we don't completely lose out on all this funding, we could stick with just the modest abortion tax. That way we split the difference in a way that'll be more productive. A moderate number of anti-abortion ads, and a moderate number of "saved babies" could balance out so that we have a sustainable equilibrium.

We could keep this going decades into the future!

I guess this seems at cross-purposes with the idea of ending abortion. But the good thing is we'll be educating the public long-term about how awful abortion is.

Forget Personhood! Forget abolishing abortion!

Even if abortion never ends, at least we will have saved some babies, and at least we'll still have our funding, and a modest anti-abortion awareness campaign. In the end, maybe the government will even subsidize it.


"Government's view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it." - Ronald Reagan

Regulation Affirms Abortion By Implication

There are two parts - maybe two sections or clauses - to the Personhood anti-abortion strategy.

The first is simple, easily grasped, and is understood and supported by the vast majority of pro-life activists. I daresay it's grasped and will be supported by a majority of the general population, easily enough, if we're able to carry the message to them.

That part is a direct assertion that:

• an unborn human child at any gestation is by definition an innocent human being


• that killing that innocent human being must therefore be murder, especially in the absence of any "due process of law"


• and that abortion must, by definition, be premeditated murder, and therefore must be illegal (or should be made so)

The second is a corrollary, and is therefore somewhat indirect, and is because of that somewhat more difficult to explain without a discussion. There are no soundbites to this corrollary.

And that corrollary is:

• if abortion is murder - an abhorrent crime - then it cannot and must not be regulated, because you cannot regulate something that isn't legal.

Regulations Send the Wrong Message to the People and the Courts

In fact, we in the Personhood movement, have often argued, it is counterproductive for pro-life legislators to insert "anti-abortion regulations" into the law in an attempt to "regulate abortion to death." This is a difficult task, since these legislators are, almost without exception, well-meaning men and women who are trying to achieve a positive partial result in the absence of an immediate fully positive solution.

We are fighting 30 years of a driven habit, urged on by most other pro-life groups which have encouraged legislators to submit, push and pass dozens of anti-abortion regulations, thinking that it would at least mitigate the evil until that day when we can finally end abortion forever.

For my part, I've often argued that these anti-abortion regulations may become the reason why we'll never be able to abolish abortion forever, because:

• they normalize and regularize abortion in the public mind,


• they convince the public that abortion can become a well-regulated (and therefore more acceptable) industry,


• they bring government and the public into partnership with the abortion industry,


• they imply that abortion must be legal, because you cannot regulate something that is not legal.

In an attempt to make that point, I've sometimes mentioned that municipalities do not have a law that says "you may drive a car up to X speed." Instead they have a law that says "you may not exceed X speed." The fact that you can drive under that speed is implied by the regulations.

But I've recently realized the most obvious example of my assertion is an obvious point of law, illustrated by a well-known court case.

The Dred Scott Decision

The US Constitution never said slavery should be legally allowed.

The US Constitution mentions slavery, obliquely, in only two places:

1. It says unfree persons should be counted as 3/5 of a person for purposes of representation and taxes (i.e. the "Three Fifths Compromise").


2. It says Congress may regulate the slave trade, but may not prohibit it before 1808.

Let me reiterate that: The US Constitution at no time says slavery is legal!

Nevertheless, in 1857, the US Supreme Court examined the relevant laws, the Constitution and the institution of slavery in the infamous Dred Scott case.

They concluded, on the basis of two mere references to slavery in the Constitution, that the institution of slavery was a Constitutionally-protected right!

As I have often said, we believe merely mentioning abortion in law, except to explicitly and completely prohibity it, will backfire and give reason to courts and judges to rule that abortion must be legal by the very fact that the law sets limits upon it and regulations as to how it must be performed.

Dr. Charles Rice, late Professor Emeritus at the Notre Dame Law School, has argued this more ably and effectively, in a series of articles over the course of his life (he passed away in 2015). He believed such "anti-abortion regulations" would create a foundation in law for the legality of abortion.

And here, in the Dred Scott decision, we have proof that courts will take the flimsiest of implications to rule in favor of what they believe should be the law.

But, in reality, it's not that flimsy of an argument. It's completely logical, as we've said, that you cannot regulate something that is not legal, and therefore something that is regulated must be legal.

Please Do Not Regulate the Evil of Abortion

We, in the pro-life movement, must be careful not to overstep that line. We should not be inserting "anti-abortion regulations" into the law for a great many reasons. They, in fact, will perpetuate the existence of abortion, just as anti-slavery regulations in the 1800s perpetuated slavery.

We, in the Personhood movement, ask all pro-lifers to recognize the futility of anti-abortion regulations and support Personhood. Support ONLY Personhood.

Thank you!

Ed Hanks



Note: I'm using the term "anti-abortion regulations" too broadly, merely for effect. We in the Personhood movement believe there are such things as "principled regulations" that cause a positive, pro-life effect upon the law, but do not at the same time impugn the humanity of the unborn child. These laws do not mention abortion and are fully compatible with the interpretation of an unborn child as a human being. An example of a principled fetal homicide measure (here) has been submitted several times in Colorado, and once got far enough in the process to receive the vote of every Republican legislator in the Colorado House. Planned Parenthood regularly opposes this language, and browbeats every Democrat into voting against it, because they believe the unborn child must be considered as worthless under the law through 9 months of pregnancy, up until (and sometimes after) birth.

The Folly of the "Big Tent"

Here's my response to a blogger who was pushing for the "Big Tent" for the Republican Party. It was the typical argument -- we can't win without the support of whole bunches of people who don't normally vote for the GOP, we can make more progress by building coalitions than by dividing into little groups, etc. It made alot of sense, of course, but also missed a critical dynamic in party and election politics.

I was discussing abortion politics, but the same argument could be made in favor of fiscally conservative politics, etc. But fiscally conservative politics cannot make up for offending and getting rid of moral conservatives. Bob Schaffer tried that in 2008 (stupidly, since he lost many Christian supporters while liberals remembered he had always been pro-life - he lost votes from his base without picking up any on the other side, which is the same problem the GOP in general faces), and Schaffer fell on his face.

My response:

I used to believe in a "big tent," but I've since learned its folly. Without principles, we get nowhere. Reagan didn't offer us a big tent -- he offered us principles, which were broadly appealing and which inspired those who might not otherwise agree with him to vote for him.

There was once a "big tent" party -- the Whigs -- which tried to appeal to northerners and southerners alike by not taking strong stands on controversial issues like slavery. Do you know what happened to them? Probably not, because unless you study the history of the period no one even remembers who they were. In actuality, they split into two parties.

Did both parties lose? Did both of these "third parties" devastate themselves by shedding the big tent, leaving their major party behind, and dividing over matters of misguided principles?

No. One of those parties -- the Republican Party -- came to dominate the politics of the next several decades. For 70 years, in fact, and for a great portion of the century afterward, too.

They stood on a major principle -- opposition to slavery -- which held such a broad appeal that they succeeded where the wishy-washy "big tent" party failed.

The Republican Party today has the opportunity to stand on another major, unifying principle which could inspire them to victory. They could pledge to ban abortion and recognize the Personhood of the unborn child so he or she is not considered property like the slaves.

The Republican Party will succeed or die on this principle. Any attempts to remove the pro-life principle from the platform (which is what "big tent" means, in almost all cases), will destroy the party so that a half-century from today the Republican Party will be as well known as the Whigs are today.

Those "divisive" Christian Conservatives are the base of the Republican Party (and, from what I've found, the base of the Tea Party conservatives too) -- they've handed victory to the GOP in 5 of the last 8 presidential elections, but they're feeling ignored and betrayed. The Republicans can take them or leave them. If they leave them, they will energize another party and make them victorious instead.

Personhood Works, Regulations Don't

This is a more coherent recap & expansion on my earlier blog post on regulations, and why they undermine the Personhood of the unborn child -- "How We Compromise Ourselves."

I do not question the well-meaning intentions of those legislators who support, or even write, compromise legislation which tries to put limits on abortion in circumstances where a total abortion ban is not realistically possible. We can argue later about which is more "politically realistic" (I think Personhood is, still). But the fact that I believe in the good intentions of the pro-life regulators does not mean that I don't care whether they stop pushing regulations -- I do! -- or that I approve of what they're doing -- I don't! -- or that I will always continue to support regulation-minded legislators if they continue to ignore warnings about the unintended consequences of what they do.

I think the main thing “pro-life regulators” need to understand is that, whether or not Personhood is "practical" in a legal sense (which is the main objection of those pro-lifers who oppose the Personhood strategy, including Archbishop Charles Chaput and Clarke Forsythe of AUL), our primary problem as pro-lifers is that we've been making the wrong argument -- one which won't "change peoples' hearts" (which everybody agrees is the goal).

The regulations may teach some people about the Right to Life, but more often (esp. for wishy-washy or "moderate" citizens, who are the ones we need to convince in order to succeed in passing legislation or electing legislators) regulations only suggest a "moderate" solution exists for what they are led to believe is a policy question -- where do you draw the line?

Let me restate that.

Regulations clearly “suggest” to a citizen observer that there’s a policy question, to which there are “extreme” solutions (to right or left) and “moderate” solutions. Typical American citizens being who they are, almost all of the people in this category (i.e. the moderate, middle-of-the-road people who don’t often think about policy issues, but when they do they try to find a middle ground, striving never to seem “extreme”) will seek the middle ground – the moderate way – and won’t see the larger implications of the issue at hand.

The argument pro-lifers need to make -- and Personhood makes this argument 100% of the time, while regulations may succeed in making it only 30% of the time -- is that there is an actual Right to Life which is inalienable as a principle, and may not be violated for any reason. That message comes through with Personhood, and it's making progress.

I’ll restate that too.

Personhood “suggests” to a citizen observer that abortion is most certainly NOT a policy question with a spectrum of possible solutions, but is rather a question of principles. Two principles, as it happens – either pro-life or pro-abortion. When the abortion “question” is posed as a principle, and not as a policy question, Americans are actually more likely to choose life instead of death.

Polls show something like 80-90% of Americans believe “there is a God,” even if most of them may not call themselves Christian or correctly follow the teachings of the true God. Believing in God suggests an absolute moral standard, and when the abortion question is measured against an absolute moral standard, very few Americans want to be caught on the wrong, or immoral, side. Since they’re forced to choose between a principle of “abortion is right and moral” versus “abortion is always wrong” one option stands out as more correct and more moral than the other.

That’s the “practical” reason why pro-lifers must reject regulations and embrace the Personhood strategy. The Personhood strategy accomplishes what we want to accomplish – a changing of hearts and minds in society – whereas regulations are far less effective in accomplishing the change we want.

Our message always gets muddled when we're talking about regulations, because every regulation inherently denies there is a Right to Life (if there were an inalienable, inviolable Right to Life, then there's nothing to regulate!).

Consider this line from the text of Roe v. Wade: "Endnote 54: When Texas urges that a fetus is entitled to Fourteenth Amendment protection as a person, it faces a dilemma. Neither in Texas nor in any other State are all abortions prohibited. Despite broad proscription, an exception always exists. The exception contained in Art. 1196, for an abortion procured or attempted by medical advice for the purpose of saving the life of the mother, is typical. But if the fetus is a person who is not to be deprived of life without due process of law, and if the mother's condition is the sole determinant, does not the Texas exception appear to be out of line with the Amendment's command?"

The US Supreme Court in 1972/73 didn't simply lay a roadmap for pro-lifers by noting that if you establish Personhood in law, you can protect the unborn as Persons. They also highlighted the logical error in the "pro-life with exceptions" mentality.

The key point is this: The Supreme Court logically concluded that because Texas had an exception to their anti-abortion statute*, Texas could not simultaneously argue that an unborn child was a Person under their law, because the two concepts – a regulation vs. a principle – are contradictory. The regulation always denies the principle, so if there exists a regulation, then the principle must not be the law of the land. It’s simple logic.

Ed Hanks

* A note on "life of the mother exceptions": Many pro-lifers get stuck on the “life of the mother” exception, because it’s the most compelling of the “hard cases” exceptions some regulations are meant to address (how many times have we heard politicians recite the line, "I oppose abortion except for rape, incest, and the life of the mother"?). But we need not fall victim even to the life of the mother objection. The Personhood movement cares deeply about the lives of both, mother and child, especially since if the mother dies before the baby comes to term, the child will obviously die too. However, that doesn’t mean we need a “life of the mother exception” in law. Instead, the anti-abortion statute should be absolute. The life of the mother is saved by a doctor trying to save both lives (and thereby “do no harm”), not by a doctor trying to kill one patient in order to save the other. It’s the same concept as separating cojoined twins. The goal should always be to preserve both lives. This is not always possible, because of relative viability, and so sometimes one of the patients dies. The measure of crime or not is intent. If ever the doctor attempts to kill one patient, rather than save him/her, that’s where it becomes homicide.

How We Compromise Ourselves: A Warning To Pro-Lifers

The author is a former political speechwriter and press secretary with much experience in politics and the reading and analysis of legislation, and also operated a political correspondence office at the Capitol where he read every letter addressed to the Governor for a number of years -- a very helpful education in learning how people think and why...


For many years now, I have warned against “compromised incrementalism” – the mistaken belief that we “move the ball forward” or “save some babies now so that others may be saved later” by pushing for compromise legislation.

This legislation may be framed as great legislation by well-meaning Christian legislators, but it may have unintended consequences of devastating proportions!

I first spoke out publicly about this in December of 2006, with a column published in WorldNetDaily.com – A Growing Split in the Pro-Life Community (which, coincidentally, was the starting point and first post of this blog). In short, I pointed out that the idea of a law requiring abortionists to administer anesthesia so an aborted baby would not feel pain is heinously perverted in its implications.

Since then, the anti-compromise faction of the pro-life movement (now recognized largely as the Personhood Movement, with proposals for Personhood Amendments now active in 40 states) has persevered, educated, and brought a growing number of pro-lifers to recognize a shift in our perceived mission – a return to emphasis on the Right to Life, rather than merely trying to place curbs and cautions on the institution of legalized abortion.

Are they a majority of pro-lifers now? It wouldn’t surprise me. I've met and spoken with dozens of recent converts -- people who once supported compromised regulations (as did I) but have forever changed their minds, and will refuse to ever support one again. I know of several legislators (from other states than my own, sadly) who have made this conversion themselves. Alabama's Judge Roy Moore has, also, and who better to understand the legal argument from a Christian perspective?!

But pro-life leadership and pro-life legislators are slow to recognize the sea change. Many of them either fully support, or give lip service to, the Personhood movement, and to Personhood Amendments, while their hearts and minds still believe Personhood is too forward-thinking, and they want to remain in their comfortable world of political compromise legislation.

They fail to realize that by supporting compromise legislation, they do two things:

1) They undermine the public perception of a Right to Life – they instead build a perception that there are “good” abortions and “bad” abortions and that proper regulation will end the abuses and socially-negative consequences of more gruesome abortion procedures while “compassionately” leaving those forms of abortion which our society finds necessary and useful.

Average Americans, being average Americans, are always seeking the middle ground, and this political debate allows them to participate in a process of finding it, while no one who’s not an activist on one side or the other of the issue realizes that this is fundamentally a question of principle – one side is right, the other is wrong, and it’s the public duty to find it!

Constantly pushing for compromise legislation prevents the general public from ever having to really deal with the principle in question, and keeps most from realizing the argument is about principle at all!

2) According to Dr. Charles Rice, a legal professor at Notre Dame University, laws such as parental notification laws, “abortion-ultrasound” laws, late-term abortion bans, etc. actually build a legal framework to protect the institution of abortion. They establish a legal status, by implication, for abortion – a judge looks at a law which puts legal limits on abortion, and the obvious legal/logical implication is that unless the specified limits apply in a situation, then abortion is clearly legal!

Dr. Rice believes that if Roe v. Wade were overturned, many of these “pro-life” laws on the books today would become the enabling language for pro-aborts and judges to prove that abortion is legal in those states.

Imagine that – pro-abortion liberals refusing to repeal a “pro-life” parental notification law because it establishes in law that abortion is legal so long as a parent agrees to the minor child’s abortion!

Any time you argue in law that “…abortion is illegal unless you do this…” you are simultaneously leaving the assumption that “…if you do this, then abortion IS legal…” These types of law are called “and then you can kill the baby” laws. “If the mother views an ultrasound of her unborn baby, and signs a release stating she’s seen it, then she can kill her baby.” “If a minor child has the approval or her parent, guardian, or a judge, then she can kill her baby.”

Laws such as abortion-ultrasound laws automatically imply that a woman has a right to decide to kill her own living, moving, growing unborn child if she so chooses!!!

The more of these laws that exist on the books – “pro-life” laws which end with “and then you can kill the baby” - the stronger the case for legal abortion is. You cannot regulate something that’s not legal – that’s a legal truism. If it’s not legal, there’s no reason to regulate it, therefore if it’s regulated under the law it is by definition legal.

Pro-life legislators are unwittingly writing the death sentences for millions of babies by writing legislation intended to "save some babies" because they don't think we can realistically save the rest!

Plus, all this time, while we argue about where to draw the line between legal abortions and illegal abortions, we’re failing to teach the general public that all abortions kill an innocent child, and therefore abortion is always wrong.

Recognition of the Personhood of the unborn child is not just our best option, and not just our final goal. It is the ONLY answer, and must be our ONLY goal. Supporting compromised legislation, at best, is one step forward, two steps back -- it undermines a public belief in the Right to Life. It makes our job so much harder when we try to convince society that our Right to Life is God-given and inalienable.



Why don't these laws automatically shock us? Why do we fail to recognize the unintended consequences?

Our problem is this. We have become so comfortable with abortion – just as one generation of Germans was comfortable with “solving” the Jewish “problem” and many generations of Americans were comfortable with the “peculiar institution” of slavery – we’ve ceased to think of abortion as comparable to the Holocaust or slavery.

Yes, our intellectual mind makes the comparison, but our emotional reactions are different, because we’re so “close” to the problem. We know it's legal, so we feel powerless to say it's murder (just as Christians in Germany failed to recognize that legalized extermination was murder).

We fail to be properly "shocked" at how bad legal language is. It seems to us that "of course we must acknowledge it's legal, because it IS!" By writing ANYTHING into law which states or leaves a legal implication that abortion is legal only builds the foundations of legalized abortion.

To show ourselves what's really going on -- in order to feel properly "shocked" -- it’s necessary to compare abortion to other evils of history, or else we won’t realize how wicked our “pro-life” laws may actually be. Replace unborn child, in the language, with Jew, or replace abortion with extermination by gassing. Replace the regulation of abortion with the regulation of anything else which we know in our hearts is wrong, wrong, WRONG! Then we will see...

Do we want pro-life legislators signing their names and reputations to bills which say you can only perform an abortion in the first trimester? This is the moral equivalent of passing a law saying slavery is prohibited in Maine, but slavery is a legally protected institution in Texas. Congressmen, in the 1850s, actually passed compromised laws like this – what do we think of those legislators today? Do we consider them anti-slavery, or does history judge them as having perpetuated the institution of slavery? In case you’re wondering, the judgment of history upon these men is not favorable.

So, as an exercise, I’ve substituted the language of an actual proposed Colorado law – one strongly backed by Colorado’s pro-life legislators – with language which purports to “protect” Jews in Nazi Germany. See what you think. Would you sign your name to this law? Would you vote for it? Would you really be willing to “save some Jews” by affirmatively underscoring a legal status for killing others???


A Modest Proposal…

Please note before reading: This “proposed law” is a work of political satire, and is meant to be read as a warning to Christian and pro-life legislators and their supporters that they may be playing into the hands of the enemy because of the wording they use in their proposed legislation.

No ill will toward Jews or "well-meaning but compromised" legislators is meant by this – certainly, just the opposite.

The majority of the text is unimportant, or has irrelevant scope, and so is not included here.



A Bill for an Act
Concerning the Protection of Jews from Unreasonable Death
Making an appropriation in connection therewith


Bill Summary

The bill creates a new statutory part that addresses the fatal consequences of persecution upon Jewish residents in the state and includes the following crimes:

- Murder of an adult Jew
- Voluntary manslaughter of an adult Jew

An adult Jew is defined as 16 years or older. The bill describes acts that do not constitute crimes under the new part.


Be it enacted by the General Assembly of the Third Reich

….


Part 5 – Protection of Jews Act

Acts not an offense [this is where the law specifies its scope, and what it does NOT prohibit]: This part 5 shall not apply to:

a) Acts that cause the death of an adult Jew if those acts are committed during a legal extermination procedure to which a Nazi magistrate has signed a notice of intent, or a person authorized by law to exterminate Jews;
b) Acts committed by one Jew against another Jew;
c) Acts that are committed pursuant to usual and customary standards of extermination in an authorized, controlled facility designed for that purpose;

Definitions. As used in this Part 5, unless the context otherwise requires, “Adult Jew” means a Jew whose stage of development has reached or surpassed sixteen years since birth, such that he or she may contribute, voluntarily or involuntarily, to the State.

Murder of an Adult Jew. A person who causes the death of an adult Jew, without lawful justification, is guilty of Murder of an Adult Jew if he or she: …

…

Voluntary manslaughter of an Adult Jew. A person who causes the death of an adult Jew, without lawful justification, is guilty of Voluntary Manslaughter of an Adult Jew if he or she…


Etc. etc. etc.
…

THE END
(there! you've "saved some Jews!")


Note: This “proposed legislation” is very closely modeled on an actual “pro-life” bill proposed as law in Colorado – HB 10-1261 – by well-meaning (but misled) pro-life legislators.

I have highlighted passages that should shock any moral person – examples of how this law acknowledges and supports the legality of other forms of evil, even while stopping others. Every highlighted passage above – the ones meant to shock a reasonable, moral human being – has its equivalent in the proposed “pro-life” bill, which was meant to enact a “fetal homicide” provision into state law (note that not all fetal homicide or other incremental legislation is compromised - it depends how it's worded).

Please note, specifically, that the part under "definitions" in this law sets an age limit to the law, meaning that even though the law prohibits the murder of Jews above age 16, it specifically does not prohibit murder of Jews of less than 16 years. The actual proposed law in Colorado has equivalent language, basically saying the fetal homicide is not considered fetal homicide before 16 weeks of development, which inherently places less value (i.e. less humanity) upon an unborn child of 15 weeks than is acknowledged for older children. Placing relative value upon one life versus another is inherently wicked -- these lives are seen as equal in God's eyes, and government has no right to determine relative value in contradiction to God's law.

The Lesser of Two Evils

If someone, say, in Denver (Democrat territory) votes for a Republican, have they "wasted their vote"? That can't be our definition -- voting for someone who has no chance of winning -- or a republic instead becomes a tyranny of the majority. We waste our vote anytime we vote for someone who believes things that we know to be unconscionable, simply because "the other guy" is more unconscionable. The lesser of two evils is still evil.

Pragmatism is Bankrupt

A post I made on the Life Training Institute blog (www.lti-blog.blogspot.com), where I am trying to convince a set of pro-lifers who are dedicated to "compromised incrementalism" that we need to change our pro-life strategy -- aiming for success, rather than compromise:



If there existed a law (or proposed legislation) that made 95% of abortions illegal without affirming a "right" to abortion 5% of the time, I would be for it -- that is an uncompromising win for us.

But those examples are hard to find.

What we do see -- compromised incrementalism -- is a bill that makes 95% of abortions illegal while also explicitly defending 5% of abortions. In these cases, I think pro-lifers do ourselves no favors by supporting it. Why?

Because any bill that favors or otherwise upholds a "right" to 5% of abortions is arguing against the principle of a right to life.

Principle doesn't use percentages. Any departure from 0% or 100% is compromise, and it reduces our arguments to 100% pragmatism, 0% principle.

Arguing on the terms of our opponents -- as if there is some line to be drawn, some abstract judgment of when it's okay to kill a baby and when it's not -- is detrimental to our overall cause of getting rid of all abortions, because we're admitting there ARE lines to be drawn. Pragmatism wholly rejects the principle -- they are fundamentally inconsistent strategies. In order to regain the principle, we actually have to convince the voters and citizens we've been talking to that we were wrong when we supported a bill that favored 5% of abortions. We would be rightly accused of hypocrisy.

Would you support a law which said slavery should be legal in New Jersey, but in no other state of the union? If you're a pragmatist, you'll ask "that depends -- is this 1800 or 2000? -- does this increase or reduce slavery?" The response would dictate your answer.

But if you are relying upon moral authority -- principle -- then you would consider the law absurd. Slavery should be legal nowhere under any circumstances, no matter where it is or is not already legal.

I strongly believe that the more we rely on pragmatism to "curtail" abortions when and where we can, we postpone the day when we can achieve our goal and implement the principle of no abortions anytime anywhere, because we then have to undo the damage we did when we talked someone into voting for the 95% solution by saying "it's okay, because it allows for an exception in 5% of the cases."

Ed