Abortion - A Rational Look at An - R.C. Sproul
Abortion - A Rational Look at An - R.C. Sproul
-JIM DALY
-MARVIN OLASKY
-RANDY ALCORN
Sandy, Oregon
Author of ProLifeAnswers to ProChoiceArguments and Why
Prolife?
-RUSSELL D. MOORE
Louisville, Kentucky
-JOHN MACARTHUR
Pastor-teacher, Grace Community Church
-CHUCK SWINDOLL
Frisco, Texas
"Classic Sproul! Logical, clear, fair, attempting to understand
the pro-choice views while all the time making a solid,
biblical prolife apologetic that seeks both to convince the
opponents but also to bring about in practical ways the end
of this North American holocaust. Add to that the foreword of
George Grant and you have a winner."
-PETER JONES
Escondido, California
"I am delighted to see this Twentieth Anniversary Edition of
Abortion: A Rational Look at an Emotional Issue. It was and
continues to be an important contribution to the pro-life
movement and to the defense of the sanctity of human life."
R,C, SPROUT
to Andrea Krazeise for her heroism in ministry to pregnant
women in crisis
Foreword by Dr. George Grant ................................ xi
10 The Problem
of Unwanted
Pregnancies
.....................121
PART III: A COMPASSIONATE RESPONSE AND STRATEGY
In the two decades since this landmark book was first
published, four different presidents have occupied the White
House, seven justices have come and gone on the Supreme
Court, and eleven sessions of Congress have held sway in
the Capitol.
These federal
magistrates have faced economic booms and busts. They
have weathered terror attacks and foreign wars. They have
witnessed the end of the Cold War and the rise of the al
Qaeda menace. They have wrangled over corporate bailouts
and health-care reforms. They have endured Tea Party
protests, campaign scandals, personal embarrassments, and
policy failures. They have been plagued on every side by
mounting demands, frustrated expectations, declining
resources, and diminished prestige.
Planned
Parenthood, the oldest, largest, and best-organized provider
of abortion and birth-control services in the world, has
become a tenured player in all the great social and political
issues of our day.' From its ignoble beginnings around the
turn of the twentieth century, when the shoestring operation
consisted of an illegal back-alley clinic in a shabby Brooklyn
neighborhood, staffed by a shadowy clutch of firebrand
activists and anarchists,7 it has expanded dramatically into a
conglomerate with programs and activities in 134 nations
and on every continent.8
In the United
States alone, Planned Parenthood has mobilized more than
twenty thousand personnel and volunteers along the front
lines of the confrontational and vitriolic battle over abortion.
Today those minions man the organization's more than 150
affiliates and its nearly one thousand clinics in virtually every
major metropolitan area, coast to coast.9 It boasts a national
headquarters in New York, a legislative center in Washington,
regional command posts in Atlanta, Chicago, Miami, and San
Francisco, affiliate offices in 49 states and the District of
Columbia, and international centers in London, Nairobi,
Bangkok, and New Delhi. With an estimated combined
annual budget-including all its regional, national, and
international service affiliates-of more than a billion dollars,
this leading light of the abortion industry may well be the
largest and most profitable nonprofit organization in history."
So why does it
seem that the abortion Goliath's grassroots support is
slipping at the very moment when its power and resources
have reached their zenith? At least part of the reason may be
the very nature of the abortion business itself-along with the
inevitable fallout that accompanies it. Consider:
• Although
heralded by the abortion lobby as both "safe and legal," it is
now apparent that abortion is merely "legal." The
complications of this, the most commonly performed medical
procedure in America today, are legion. They include
sterilityoccurring in as many as 25 percent of all women
receiving mid-trimester abortions; hemorrhaging-nearly 10
percent of all cases require transfusions; viral hepatitis-
occurring in 10 percent of all those transfused; embolism-
occurring in as many as 4 percent of all cases; cervical
laceration; pelvic inflammatory disease; genital tract
infection; cardiorespiratory arrest; acute kidney failure; and
amniotic fluid [Link]
• As a result of
these sundry complications, women in America have seen a
massive increase in the cost of medical care. While the
average cost of normal health maintenance for men has
increased nearly 12 percent over the past fifteen years due
to inflation, the average cost for women has skyrocketed a
full 27 percent.'7
• A spate of
medical malpractice lawsuits from botched abortions has
intensified the industry's already looming insurability crisis.'8
• Revelations
about deliberately suppressed research data on various
procedural risks-particularly concerning the established links
between abortion and breast cancer-have raised new
questions about the industry's medical objectivity and
professional integrity.20
• New clinical
evidence exposing the grave hazards of several of the other
forms of treatment championed by the industryfrom the
deleterious effects of the RU-486 abortion drug and the
Norplant contraceptive surgery to the inherent risks and
complications in the use of intrauterine devices-have raised
the specter of "wholesale institutional quackery. 1121
• In addition, the
industry has staked its tenuous reputation on the therapeutic
usefulness of two very dangerous new chemical treatments-
the Depo-Provera long-term contraceptive injection and the
Methotrexate-Misoprostol abortifacient. Both drugs present
grave hazards to women's health, according to a battery of
recent clinical tests.23
• Horrifying new
evidence of barbaric human-rights violations-including forced
abortions, coercive sterilizations, and torturous
disfigurement-associated with the Planned Parenthood-
designed population program in Communist China has cast
an ominous shadow over the industry's innumerable other
tax-funded international activities.'
• Not surprisingly,
the bridling of information about viable alternatives to the
abortion industry's clinical, educational, and surgical services
has provoked the wrath of a variety of healthcare consumer
advocates .21
• Parents,
outraged at the promiscuity-promoting content of the
abortion industry's affiliated sex-education materials, AIDS-
awareness programs, and community-advocacy projects,
have begun to organize grassroots efforts to bar
organizations such as Planned Parenthood from schools,
charitable networks, and civic coalitions in communities all
across the United States .21
• Several punitive
lawsuits initiated by the abortion industry-filed in an effort to
close down pro-life adoption agencies and abortion-
alternative crisis pregnancy centers-have begun to reinforce
a perception that the organization is more concerned with
the ideological enforcement of its agenda than with the
health and welfare of its clients.27
• A series of
negative public-relations campaigns launched by the well-
heeled abortion lobby-against cultural conservatives in
general and Christian conservatives in particular-has
highlighted the industry's immoderate aims and set the
standard for the increasingly shrill rhetoric and hysterical
extremism of the pro-abortion movement.28
• Conflict-of-
interest accusations have begun to circulate in Washington
concerning the cozy relationships between certain past and
present federal officials and the industry's voluble lobbyists
on Capitol Hill.29
• A backlash
against the massively unpopular "health-carereform"
legislation passed in early 2010 not only has brought
renewed support for pro-life organizations, crisis pregnancy
centers, and principled politicians, it has brought renewed
scrutiny to the grisly abortion trade. New calls to enforce
existing laws and enact stricter new ones bode ill for the
industry's plans for growth and expansion.3o
In short, one
scandal after another has hit the abortion industry, its
medical personnel, its educators, its researchers, its
lobbyists, and its administrators. As a result, its "Teflon"
reputation is starting to wear a little thin and its "grand
illusion" has begun to lose its luster.31
As a result, Dr.
Sproul's incisive analysis in this book is as relevant and
necessary today as it was in the last decade of the twentieth
century. Indeed, he points the way to the only possible
resolution of this deeply emotional issue.
Once before in
American history, a national pro-life consensus was forged,
laws were changed, and life was protected. At the outset of
the nineteenth century, abortion was actually legal-if only
marginally-in every state in the Union. By the end of the
century, the procedure had been universally criminalized.
It is probably not
surprising that pro-life stalwarts of nineteenth-century
America did not simply say "no" to abortion; they said "yes"
to women in crisis. They said "yes" to the poor and
desperate. They said "yes" to the confused and afflicted. In
short, they fulfilled their servanthood mandate
simultaneously with their prophetic mandate.
-George Grant
Franklin, Tennessee
January 2010
Abortion is an ethical issue, perhaps the central ethical issue
of the twentieth and now the twenty-first centuries. As a
question of ethics, abortion is not morally neutral; it does not
fall within the gray zone of things that are indifferent. There
is widespread disagreement about whether abortion on
demand is right or wrong, but it cannot be both.
Although in the
pages that follow I will examine arguments from both sides
of the debate, I am convinced that abortion on demand is
evil. I will try to show that abortion is against the law of God,
against the laws of nature, and against reason.
This is intended to
be a brief case against abortion. The reader who wrestles
with this issue will receive an overview so that he or she may
respond to the issue objectively.
To assist the
comprehension and use of the book's information,
summaries and discussion questions appear at the end of
each chapter. Also, the back matter includes a list of
agencies offering more information on pro-life groups and
adoption, as well as a bibliography and index.
At times, I have
used generic terms for human beings, such as humanity or
mankind, for stylistic brevity and to avoid the repetition of
"he" and "she." In doing this, it is not my desire to offend any
who may be sensitive to the issue of gender in speech. This
is especially critical when discussing issues that have been
linked so strongly to the broader ethical concerns of the
feminist movement. I think it is imperative to distinguish the
abortion issue from the feminist issue. However, because
concern for women is closely related to the abortion debate,
feminism and abortion cannot be totally separated. For
clarity's sake, though, they must be distinguished.
My thanks for help
in this book go to Maureen Buchman, Gwen Weber, my wife,
Vesta, and my son, R.C. I am also grateful to George Grant
for his exceptionally helpful foreword for this edition and for
helping update the book in light of changes over the past
twenty years.
Never, never will we desist till we ... extinguish every trace
of this bloody traffic [slavery], of which our posterity, looking
back to the history of those enlightened times, will scarce
believe that it has been suffered to exist so long a disgrace
and dishonor to this country.
Abortion provokes
volatile feelings in combatants on both sides of the debate,
which is carried on with heated emotion and militancy.
Activists for and against abortion have indulged in strident
and inflammatory rhetoric, threatening protests, and even,
on occasion, violence, from vandalism to arson and murder.
Politicians feel the heat. The abortion issue has become so
critical that no candidate for public office can remain silent
on his or her views. The politician who tentatively puts his
finger to the wind, hoping to gauge the direction of public
opinion on abortion, is frustrated by the ever-changing
currents. Both sides keep an anxious eye on the health of the
current justices of the United States Supreme Court, as the
balance of power there is fragile. The addition of one anti-
abortion justice to the nation's highest court could
precipitate a reversal of the landmark Roe v. Wade decision,
the 1973 case that made abortion on demand a reality in the
United States.
A further issue
complicates the matter-the right to freedom of choice, which
many Americans consider the most fundamental democratic
right of all. Perhaps the most frequently stated sentiment of
those caught in the middle of the abortion debate is this: "I
would not choose to have an abortion myself, but I would not
force my view on someone else." The right to one's opinion is
a sacred belief in United States tradition.
Thus, abortion is
not a single issue with one solitary facet. It is a multifaceted,
complex matter that involves a conflict of perceived rights.
No matter how the issue of abortion is resolved, someone's
rights-or at least perceived rights-will be in jeopardy. Can
such a web of interwoven and conflicting issues be
untangled?
Before discussing
this question, certain points must be stated firmly and
clearly. First, the vast majority of those advocating the pro-
abortion and pro-choice positions are not arguing that
women's rights or individual freedom of choice carry with
them the right to murder. I am convinced that if the most
ardent feminists thought that abortion was in fact a type of
murder, they would be as ardently opposed to abortion as
they are in favor of equal rights for women.
Of course, on the
other side of the debate stand the pro-life activists. Those
who are pro-life are quite logically also antiabortion. This
group is convinced that abortion is actually a form of murder.
Most of them recognize that the intent of abortionists is
probably not murder, but they adamantly claim that the act
of abortion nevertheless takes the life of a human being.
There is something
wrong, however, with even using the word murder in this
discussion. The word itself is highly charged. At times it is
used as a virtual synonym for homicide. The law, however,
distinguishes between types of homicide. There is a
difference between voluntary and involuntary homicide. A
further category is manslaughter, both voluntary and
involuntary. A clear delineation in the levels of the severity of
these crimes exists under the law. Punitive measures for
"murder one" (or first-degree murder) are greater than for
"murder two" (or second-degree murder) and considerably
more severe than for cases of involuntary manslaughter. All
three of these terms-murder, homicide, and manslaughter-
are used for the killing of human beings. All are deemed to
be serious offenses and crimes against humanity, but their
gradations indicate that they are not considered to be crimes
of equal severity. We rarely use the word murderer for
someone who has been convicted of involuntary
manslaughter.
The emotional
connotation accompanying the word murder associates the
act of killing with what the law refers to as murder one.
Murder one incorporates within its definition the idea of
premeditation. It involves malice aforethought. Thus, not
only the act of killing a human person is in view, but the
motive and intent are also important considerations.
Given this
understanding of our use of the term murder, we must be
careful to insist that pro-abortion and pro-choice activists are
not necessarily advocating murder. They are not endorsing
the premeditated, willful destruction of human beings with
malice aforethought. Almost universally, the proponents of
abortion act on the conviction that what is being aborted is
less than a human being.
What is a fetus?
The question is objective, not subjective. To determine the
status of a fetus is not a matter of personal, arbitrary
caprice. The fetus is either alive or not alive. The fetus is
either human or not human. The fetus is either a person or
not a person. What I think the fetus is does not determine
which of these it actually is. If a fetus is a living person but I
do not believe or think that it is a living person, my thoughts
have no bearing on what the fetus actually is. By merely
thinking or believing, I cannot change what is a person into a
nonperson, what is living into unliving, or what is human into
nonhuman. By the same token, if the fetus is not a living
person, then whatever I believe or think cannot change it
into a living person.
Before we can
determine whether a fetus is a living human person, we must
answer this question: When does life begin? At what point in
the continuum of human development do we have a living
human person? Does life begin at conception? Does it begin
at birth? Or does it begin at some point between these poles
of progress, such as at quickening or viability? The answer a
person chooses to this question often determines his or her
position on the abortion issue.
Because the
question of the point of origin of human life is so crucial to
the abortion debate, I will devote chapter 4 to the subject.
However, some foundational questions must be faced at this
point.
It is obvious from
the abortion controversy that there is widespread
disagreement about when life begins. Pro-abortion activists
come to radically different conclusions than those of pro-life
activists. The two sides tend to use different methods for
finding answers on the question of the origin of life.
A slogan emerged
in the 1960s that crystallized the perspective of moral
relativism: "Everyone has the right to do his own thing." This
slogan is as crass as it is silly. If it were followed by everyone
resolutely, society itself would be an impossibility. No one
would have any true rights protected, because at any given
moment my rights could trample your rights.
"What's your
alternative ethical system to Christianity?" I asked.
He did not
immediately grasp the point of my question. Instead he
launched into a lengthy diatribe against the myriad ways his
mother was violating his right to do his own thing. Finally, I
said: "But what if your mother's thing is to cram religion
down people's throats? Just because it's your throat that
religion is being crammed down shouldn't bother you. You
should rejoice that your mother is enjoying her freedom to
do her own thing."
I then explained to
him that if he had come to me with a protest based on
biblical ethics, I could have supported his point of view, at
least in part. Biblical law has something to say against
insensitive parents provoking their children.
The young man
had not thought through the implications of his ethic. He had
no recourse when his thing came into conflict with someone
else's thing. This is why laws are established to govern
society. We seek laws that are inherently just, laws that are
based on objective norms. Otherwise, we become victims of
the unprincipled preferences of others.
The relevance of
the United States Constitution and the Bill of Rights rests on
the political theory that the nation is a republic and not a
pure democracy. The difference between the two is crucial. It
frequently has been summed up as the difference between
rule by law and rule by men. In a pure democracy, the
majority rules with complete authority. In a republic, the
power and the freedom of the majority are restricted by law.
The edicts of the Constitution are designed to protect the
rights of every person from the power of the majority. For
example, if the majority is of one race and decides to enact
legislation that discriminates against a minority race, the
minority can have the legislation overturned in court. In a
republic, no one has the right to do his or her own thing if it
violates the law.
For a republic to
work, its foundational laws must be just. We can have
tyranny by law as well as tyranny by men. That is why the
founding fathers of the United States were acutely
concerned about establishing just laws. But how do we know
which laws are just and which laws are unjust-for example, in
the case of abortion?
To reach a national
consensus on abortion will be a difficult if not impossible
task. A large segment of the population will not look to the
Bible for ethical norms, and many people believe that natural
law is too vague to guide us on an ethical basis. A growing
cynicism toward government indicates a reluctance to look
there for ethical guidance. We are left with a kind of ethical
free-for-all where deciding what is right is based on power
alone, either by physical or electoral might.
Whatever happens
to the Constitution or to American ethics will not determine
when human life begins. That is an objective question, for
better or for worse. But before we seek answers on the origin
of life itself, an even broader issue-the sanctity of life-must
be considered.
Summary
Discussion Questions
1. Why is abortion such a divisive issue?
Once a man ceases to recognize the infinite value ofthe
human soul... then all he can recognize is that man is
something to be used. But then he will also have to go
further and recognize that some men can no longer be
utilized and he arrives at the concept that there are some
lives that have no value at all.
-Helmut Thielicke
Jean-Paul Sartre
Since a central
issue in the abortion debate is the question of when life
begins, is the discussion clouded by introducing the matter
of the overall sanctity of life? If, as already argued,
proabortion and pro-choice activists do not consider abortion
the destruction of human life, it may seem that all parties in
the dispute have an equal concern for the sanctity of life. For
the most part, the pro-abortion and pro-choice activists are
not denying that life is sacred; they are only saying that a
developing fetus is not a human life.
My intent in
introducing the topic of the sanctity of life is not to muddle
the issue of when life begins. The sanctity of life touches the
abortion question when a person has real doubts about
whether a fetus is a living human. Here's my reasoning: If we
are in doubt at any point about whether or not we are
dealing with human life in relation to abortion, the
overarching principle of the sanctity of life stimulates us to
think carefully and avoid rash judgments. The sanctity-of-life
principle underscores the gravity of the question of when
human life begins.
Though I am
assuming that the majority of those who are pro-abortion or
pro-choice declare a high view of the sanctity of life, it is
wise to assume that the overall respect for the sanctity of life
eroded significantly in the twentieth century.
Perhaps the most
pressing issue in philosophy over the past century has been
the question of anthropology, the nature of man. Pessimistic
existential philosophy has raised serious questions about the
value and worth of humanity. Jean-Paul Sartre once described
man as a "useless passion."B. F. Skinner wondered aloud
about the illusory character of human freedom. Friedrich
Nietzsche contemplated the dreadful depths of nihilism.
Science has joined with philosophy and reached equally
gloomy conclusions. Nuclear physicist Winston C. Duke
stated: "A philosophy of reason will define a human being as
life which demonstrates self-awareness, volition and
rationality. Thus it should be recognized that not all men are
human.... It would seem ... to be more inhumane to kill an
adult chimpanzee than a newborn baby, since the
chimpanzee has greater mental awareness."34
Almost monthly we
are alerted to new scientific discoveries that at once increase
our understanding of the size and complexity of our universe
and appear to diminish the role of man in the vast sum of
things. More and more we appear to occupy a speck of an
island in a vast cosmic sea.
People of ancient
times were often awestruck by gazing toward the night sky.
The vastness of what we see with our naked eye seems to
dwarf our own locale by comparison. King David spoke of this
thousands of years ago:
If David was
overwhelmed by the heavens, how much more should we be
with our modern understanding of the cosmos? Philosopher
Edward Carnell summed it up this way: "Modern man
appears to be but a grown-up germ, sitting on a gear of a
vast cosmic machine which is some day destined to cease
functioning because of lack of power."35
This is not an
optimistic view of the sanctity of human life. Modern man
contemplates the horror that he may live between two poles:
meaninglessness and insignificance. If our origin is
accidental and insignificant, and if our destiny is annihilation,
is it not absurd to believe that we have some significance in
between?
What, then, do we
mean when we say that life is sacred? Does embracing the
sanctity of anything mean that we must also embrace
religion? The answer is both yes and no. To embrace
anything as sacred requires that we first create a category
for the sacred. Ultimately that requires some kind of religious
framework. However, a secular society may use words with
religious moorings that have been abandoned. Today when
people speak of the sanctity of life, most mean simply that
life has a special value or worth.
The Bible and the sanctity of life
The creation
account in Genesis provides the framework for human
dignity: "Then God said, `Let us make man in our image,
after our likeness. And let them have dominion over the fish
of the sea and over the birds of the heavens and over the
livestock and over all the earth and over every creeping
thing that creeps on the earth.' So God created man in his
own image, in the image of God he created him; male and
female he created them" (Gen. 1:26-27).
Creation in the
image of God is what sets humans apart from all other
creatures. The stamp of the image and likeness of God
connects God and mankind uniquely. Though there is no
biblical warrant for seeing man as godlike, there is a high
dignity associated with this unique relationship to the
Creator.
Because Christians
speak so tirelessly about human sin, do they have a low view
of humanity? Indeed, they have a low view of human virtue,
but not a corresponding low view of human worth or
importance. It is precisely because the Bible has such a high
view of human dignity that Christians take human sin so
seriously. If one rat steals another rat's food, we don't get
morally outraged. But if one human steals another human's
food, we rightly become concerned.
The biblical view
indicates that human theft is more serious than rat theft
because humans are a higher order of being. As the psalmist
indicated, we are created "a little lower than the heavenly
beings" (Ps. 8:5). This ranking of value is deeply rooted
within our own humanity. For instance, when the president of
the United States is killed, we do not refer to the deed
merely as homicide or murder. We have a special word for it:
assassination.
It is by similar
reason that an offense against a human is more outrageous
than an offense against a rat. Both the rat and the human
are creatures created by God. But the "office" of a person is
considerably higher than the "office" of the rat. It is mankind-
not the rat-who is made in the image of God. It is the human
who is given a role of dominion over the earth. Man, not the
rat, is God's vice-regent over creation.
Does capital punishment violate the sanctity of life?
Just as Jesus
considered lust a part of adultery, so He viewed unjustifiable
anger and slander as parts of murder. As lust is adultery of
the heart, so anger and slander are murder of the heart.
By expanding the
scope of the Ten Commandments to include such matters as
lust and slander, Jesus did not mean that it is just as evil to
lust after a person as it is to have unlawful physical
intercourse. Likewise, Jesus did not say that slander is just as
evil as murder. What He did say is that the law against
murder includes a law against anything that involves injuring
a fellow human unjustly.
How does all of this
apply to the abortion issue? In Jesus' teaching we see
another strong reinforcement of the sanctity of life. Murder
of the heart, such as slander, may be described as
"potential" murder. It is potential murder because, as an
example, anger and slander have the potential to lead to the
full act of physical murder. Of course, they do not always
lead to that outcome. Anger and slander are prohibited, not
so much because of what else they may lead to, but because
of the actual harm they do to the quality of life.
The actual
destruction of potential life is not the same thing as the
potential destruction of actual life. These are not identical
cases, but they are close enough to make us pause to
carefully consider the possible consequences before we
destroy a potential life.
If this aspect of the
law does not fully and finally capture abortion within the
broad and complex prohibition against murder, a second
aspect clearly does.
As I stated earlier,
the negative prohibitions of the law imply positive attitudes
and actions. For instance, the biblical law against adultery
also requires chastity and purity. Likewise, when a law is
stated in a positive form, its negative opposite is implicitly
forbidden. For example, if God commands us to be good
stewards of our money, clearly we ought not to be wild
spenders. A positive command to diligent labor carries an
implicit negative prohibition against being lazy on the job.
A negative
prohibition against actual and potential murder implicitly
involves a positive mandate to work for the protection and
sustenance of life. To oppose murder is to promote life.
Whatever else abortion does, it does not promote the life of
the unborn child. Although some people will argue that
abortion promotes the quality of life of those who do not
desire offspring, it does not promote the life of the subject in
question, the developing unborn child.
The Bible is
consistently strong in its support for the exceedingly great
value of all human life. The poor, the oppressed, the
widowed, the orphaned, and the handicapped-all are highly
valued in the Bible. Thus, any discussion of the abortion
issue ultimately must wrestle with this key theme of
Scripture. When the destruction or the disposal of even
potential human life is done cheaply and easily, a shadow
darkens the whole landscape of the sanctity of life and
human dignity.
Discussion Questions
1. What influences have led to the weakening of Western
society's sense of the sanctity of life?
I see no reason for attributing to man a significance in kind
differentfrom that which belongs to a baboon or a grain
ofsand.
Natural law is
rooted in various sources. One source is the laws of nations.
When the laws, taboos, and precepts found in diverse
cultures in various ages are examined, regular patterns of
law become apparent. For example, in virtually every culture
of recorded history, some evidence is found of laws against
murder. There are some societies, or groups within societies,
that condone or enjoin murder (such as within Satanic
worship cults or militant terrorist cabals), but even within
such groups, the condoned murder tends to be highly
selective. Murder may be approved for one's enemies but
not for the members of the group themselves. Here we find a
kind of "honor among thieves."
A second source of
natural law is what philosophers call "first principles," or
clear and distinct ideas. The national documents of the
United States call these ideas "self-evident" truths. The
impropriety of the act of murder is seen as one of these
selfevident truths. Murder violates what Immanuel Kant
defined as the "Categorical Imperative," which involves a
kind of universal sense of duty or "oughtness." Kant's
formulation sounds very much like the Golden Rule
expressed in more philosophical language. The Golden Rule,
simply stated, is "Do unto others as you would have others
do unto you." If we apply this rule to the sanctity of life, it
means, "I should refrain from committing murder if I want
others to refrain from murdering me."
In the case of
human reproduction, the force of nature is even more
astonishing. A fertile female produces one egg per month. In
itself, this does not seem like a prolific number designed to
enhance the species' survival. Yet during human intercourse,
in a single male ejaculation (depending on the man's age
and fertility), between thirty million and sixty million sperm
are released toward the target egg. If one sperm seed
penetrates the egg, fertilization takes place. It almost seems
like overkill. Nature, in terms of human reproduction, leaves
little to chance. The female egg is subjected to a
bombardment of male sperm to increase the likelihood of
fertilization.
Looking at the
odds in this way makes it seem that human reproduction is
an almost impossible task. That is because we are looking at
it from the perspective of a single sperm. But nature
provides millions, indeed billions, of sperm, or "genetic
bullets," in order to make sure the target egg is hit. Nature
operates a system of human reproduction that ensures the
survival of the species.
Abortion versus nature
Whenever a crisis
occurs, our first concern is for the people involved. What
happened? Is everyone all right? Was anyone hurt? Did help
arrive in time? Is there anything we can do? It doesn't really
matter whether it was a natural disaster or a terrorist attack.
It isn't particularly important whether it was an accident or a
crime. It makes no real difference whether it was a national
calamity or a personal tragedy. Our first thought is always of
the people.
People are
precious. Their lives are of inestimable value. They are gifts.
They must never be taken for granted. Things can be
replaced-but there is no replacement for a mother, a father,
a sister, a brother, an aunt, an uncle, a friend, or a neighbor.
Civil societies always recognize this vital principle and build
their cultural institutions upon it. They do anything and
everything they possibly can to protect the dignity, integrity,
and sanctity of life. Because there are no expendable or
disposable people, every life is worth honoring, protecting,
and saving. Ultimately, the rule of law depends on an
absolute respect for the value of people.
Why do we display
this kind of concern for living individuals but not for the
multitude of unborn who die each day and become mere
statistics? Perhaps the reason is that people outside the
womb are not nameless, abstract statistics. In little Jessica's
case, we saw pictures of her face. We knew her name. We
heard interviews with her distraught mother and father. By
television, we became personally acquainted. Jessica was a
real person. However, in the case of abortion, we are not so
personally acquainted. Many people do not consider fetuses
to be people at all, or at least they are not sure whether
fetuses are people. The unborn remain anonymous "things"
that are discarded. Fetuses have no names. They have no
personal biographies. They tend to be presented to the
public mind as abstract entities. I have heard fetuses
described in abortion debates as "undifferentiated blobs of
protoplasm," "biological parasites," and "so much domestic
sewage."
It is difficult for
people to become concerned about the fate of blobs of
protoplasm or domestic sewage. After a child is born, no one
is much concerned about the destiny of the placenta.
Perhaps this demonstrates why the film The Silent Scream
provoked such an outcry. In this film, viewers had a window
into the womb that revealed a graphic picture of what
actually happens in an abortion. Pro-abortion activists
decried the film as emotionally provocative and
inflammatory. They were certainly correct in that
assessment. The film was indeed emotionally provocative,
precisely because what was once hidden from the human
eye was made clearly visible.
In The Silent
Scream, we saw what looked like a formed human being
going though obvious pain and distress in trying to escape
the destructive instruments of the abortionist. The face was
contorted into what resembled agonized human pain. The
mouth opened in what looked like a human scream. Those
factors were indeed emotionally provocative. The drama on
screen did not resemble removal of a "tumor" or a "parasite"
from a human body.
No person shall
be held to
answer for a
capital or
otherwise
infamous crime,
unless on a
presentment or
indictment of a
Grand Jury,
except in cases
arising in the
land or naval
forces, or in the
Militia, when in
actual service in
time of War or
public danger;
nor shall any
person be
subject for the
same offence to
be twice put in
jeopardy of life or
limb, nor shall be
compelled in any
criminal case to
be a witness
against himself,
nor be deprived
of life, liberty, or
property, without
due process of
law; nor shall
private property
be taken for
public use
without just
compensation.
It is important to
note that because of the Roe v. Wade decision of the
Supreme Court, developing fetuses are not accorded
protection under this constitutional amendment-nor any
other amendment because they are not deemed to be
people till they reach the point ofviability (able to survive
outside the womb). At the present time, though the law of
the United States affirms the principle of the sanctity of
human life, that principle does not include or embrace the
unborn, because the unborn are not considered alive.
Likewise, The
Epistle of Barnabas declares, "Thou shalt not murder a child
by abortion. 1140
It is noteworthy
that in the ancient cultures where abortion was legal,
infanticide was legal as well. The Jewish and Christian
communities outlawed both.41 Indeed, history reveals that
where Jewish and Christian influence was felt on national
policies, the tendency was to include the unborn under the
general concept of the sanctity of life.
Again, it is clear
that the overarching issue is the question of when human life
begins. Though the sanctity of life in general may be seen as
an integral part of the laws of nations, the question of the
beginning of life is not settled by law.
Summary
• The sanctity of life is affirmed by the laws of nations, self-
evident truths, and natural science.
Each of us had been a Tom Thumb in the womb of the
mother, and women have always known that there was a
kind of underground country, a kind of vaulted shelter, with a
kind of red light and curious noise in which very tiny humans
were having a very curious and marvelous life. That is the
story of Tom Thumb.
As difficult as it
may be to unravel the secret of life, it may be equally
difficult to define it. Concepts such as human, living, and
person have been the subject of much discussion and
analysis. Plato sought desperately for a description that
would clearly distinguish humans from all other species of
animals. He finally chose "featherless biped" as his working
definition. This lasted only until one of Plato's students threw
a plucked chicken over the academy wall with an attached
note that read, "Plato's man."
When we turn to
the Bible, we discover that it offers no explicit statement that
life begins at a certain point or that there is human life
before birth. However, Scripture assumes a continuity of life
from before the time of birth to after the time of birth. The
same language and the same personal pronouns are used
indiscriminately for both stages. Further, God's involvement
in the life of the person extends back to conception (and
even before conception). This passage supports the point:
The psalmist
credits God for fashioning him in the womb. He also uses the
term me to refer to himself before he was born. It is
noteworthy that the Hebrew word translated as "unformed
substance" is the Hebrew word for "embryo," and this is the
only instance of that word in the Bible.
Another passage
relevant to God's involvement in life within the womb occurs
in Isaiah:
This passage
indicates not only that the unborn baby was distinct from the
mother and was treated with a unique personal identity, but
that his formation in the womb was the activity of God.
A similar treatment
concerns the prophet Jeremiah:
Jeremiah is told
that God knew him before he was born; God had personal
knowledge of the person of Jeremiah before the person
Jeremiah was born. This indicates that Jeremiah was treated
by God in a personal manner and as a personal being before
birth. It is also significant that God "set apart" or sanctified
Jeremiah before birth. Clearly God extends the sanctity
principle to life in the womb.
Professor John
Frame, in Medical Ethics, made the following observation on
Psalm [Link]
Personal
continuity
extends back in
time to the point
of conception.
Psalm 51:5
clearly and
strikingly presses
this continuity
back to the point
of conception. In
this passage
David is
reflecting on the
sin in his heart
that had recently
taken the form of
adultery and
murder. He
recognizes that
the sin of his
heart is not itself
a recent
phenomenon but
goes back to the
point of his
conception in the
womb of his
mother.... The
personal
continuity
between David's
fetal life and his
adult life goes
back as far as
conception and
extends even to
this ethical
relation to
God.42
[Mary] entered
the house of
Zechariah and
greeted
Elizabeth. When
Elizabeth heard
the greeting of
Mary, the baby
leaped in her
womb. And
Elizabeth was
filled with the
Holy Spirit, and
she exclaimed
with a loud cry,
"Blessed are you
among women,
and blessed is
the fruit of your
womb! And why
is this granted to
me that the
mother of my
Lord should come
to me? For
behold, when the
sound of your
greeting came to
my ears, the
baby in my
womb leaped for
joy." (Luke 1:40-
44)
This passage
describes the meeting between Mary, the mother of Jesus
Christ, and her cousin Elizabeth, who was pregnant with John
the Baptist. Upon their meeting, John, while still in the womb
of his mother, leaped for joy. This behavior was consistent
with the designated prophetic role of John, who was
commissioned by God to "announce" the Messiah. In this
instance, John performed his prophetic duty before either he
or Jesus was born. These verses show that before John was
born, he exhibited cognition and emotion. He leaped
because he was in a state of joy. The joy was prompted by
his recognition of the presence of the Messiah.
The second
objection, that the passage says nothing of conception as
the beginning point of life, is correct. The passage clearly
indicates, however, that John had human powers of cognition
and emotion (signs of personality) prior to birth.
The second
observation is that, however we evaluate this incident, one
thing is certain: John the Baptist was an unborn child who
manifested cognition and joy.
If this second
interpretation of the text is correct, we must note that the
fetus nevertheless was protected by law. Its destruction did
merit some punishment-though not capital punishment-and
it was accorded value. Also, if the accidental miscarriage was
seen as a serious matter, it would seem that intentional
destruction of the fetus would be even more serious. In the
case envisioned in Exodus, it was obviously not the intention
of the mother that her baby should be aborted. She was to
be compensated for the loss of a child that she did not desire
to lose. (Nothing is said about compensation or punishment
in the case of intentional abortion.)
A third major
interpretation of the text holds that it is not talking about the
death or loss of a fetus but of a forced premature birth. The
idea is this: If two men fought, and in the scuffle they injured
a woman who was pregnant to the extent that she went into
labor and bore a child prematurely, with no serious injury to
the child, then the mother and father were to receive
compensatory payment for their inconvenience. But if the
prematurely born child suffered further harm, then the full
law applied: "life for life, eye for eye, tooth for tooth," and so
on. This means that if the baby died, a capital crime had
occurred.
A more
comprehensive treatment of this text is found in Medical
Ethics. Frame points out that this last, broader interpretation
of the text does not help the pro-abortion argument. He
provides careful exegesis of the Hebrew terms to
demonstrate that a narrower understanding is more
accurate.43
The moment of
conception combines forty-six genestwenty-three from the
mother and twenty-three from the father-so that a unique
individual begins the process of personal human
development. After two weeks, there is a discernible
heartbeat. The heart circulates blood within the embryo that
is not the mother's blood, but blood the unborn baby has
produced.
After about six
weeks, the embryo is still less than an inch long but has
undergone considerable development. Fingers have formed
on the hands. At forty-three days, the unborn baby has
detectable brain waves. After six and a half weeks, the
embryo is moving; however, because of the tiny size of the
unborn baby and the thickness of the mother's abdominal
wall, she does not sense "quickening" or movement until
several weeks later.
My daughter
delivered a stillborn baby. I will relate her experience to show
how a nonreligious community dealt with the event. In the
ninth month of her pregnancy, my daughter noticed that an
entire day had passed with no feeling of fetal movement.
She called her doctor, who examined her immediately. His
response was grim: "I am sorry, but your baby has died," he
told my daughter. The physician used the language of death
to describe the event.
Holding my
daughter's stillborn baby was a profound experience for me.
Though I already was convinced that unborn babies are living
human beings, any shadow of doubt I might have had was
instantly removed. As I held the child, I wondered how
anyone could think that the baby was not a human being
then or two days earlier.
We use this
expression: "If it looks like a duck and it walks like a duck, it
probably is a duck." In the case of human fetuses, we are
definitely not talking about ducks. The fetus looks like a
living human person. It acts like a human person. The
embryo has the genetic structure of a human person. It has
the vital signs of a living human person. The fetus has
sexuality and movement. Often, it sucks its thumb, reacts to
music, and kicks its legs. With this cumulative evidence, it
would seemingly require powerful evidence to the contrary
to conclude that a prenatal baby is not a living human
person. Why do people resist this conclusion?
The answer is
prejudice. Indeed, prejudice is a powerful force in the debate
concerning abortion. If we regard the embryo or fetus as a
living human person, then the moral implications of
destroying that person prior to birth are enormous. As long
as we can convince ourselves that a fetus is not human until
birth, we are relieved of those difficulties.
Even if we come to
the conclusion that an embryo is a living human person prior
to birth, we have still not established that life begins at
conception. All we have established is that life begins before
birth. The most clear lines of demarcation in the continuum
between conception and birth are the conception and birth
themselves. Ifwe grant that a fetus is a living human person
merely five minutes, or even five seconds, before birth, then
birth cannot be the point when life begins.
In my judgment,
the evidence from science is as weighty as that inferred from
the Bible that a fetus is a living human person prior to birth.
If that is so, then we must locate the beginning of that life
either at the point of conception or at some point between
conception and birth.
The view of law on when life begins
Even more
problematic, the Roe v. Wade decision rested largely on a
perceived constitutional right to privacy guaranteed in the
Ninth and Fourteenth amendments. Robert Bork explains
that this "right" was created by mere judicial fiat. Justice
Harry Blackmun, in writing the majority opinion for Roe v.
Wade, nearly conceded this point: "This right to privacy,
whether it be founded in the Fourteenth Amendment's
concept of personal liberty and restrictions upon state
action, as we feel it is, or, as District Court determined, in
the Ninth Amendment's reservation of rights to the people, is
broad enough to encompass a woman's decision whether or
not to terminate her pregnancy."46
Bork concluded:
"That is it. This is the crux of the opinion. The Court did not
even feel obliged to settle the question of where the right of
privacy or the subsidiary right to abort is to be attached to
the Constitution's text. The opinion seems to regard that as a
technicality that really does not matter, and indeed it does
not since the right does not come out of the Constitution but
is forced into it."47
The abortion
debate on the legal and judicial front seems destined to
continue. The dissenting opinion to Roe v. Wade, written by
justice Byron White, reflects the continuing concern:
I find nothing in
the language or
history of the
Constitution to
support the
Court's
judgment. The
Court simply
fashions and
announces a new
constitutional
right for
pregnant
mothers and,
with scarcely any
reason or
authority for its
action, invests
that with
sufficient
substance to
override most
existing state
abortion
statutes. The
upshot is that the
people and the
legislatures of
the 50 states are
constitutionally
disentitled to
weigh the
relative
importance of
the continued
existence and
development of
the fetus, on the
one hand,
against the
spectrum of
possible impacts
on the mother,
on the other
hand. As an
exercise of raw
judicial power,
the Court
perhaps has
authority to do
what it does
today; but in my
view its
judgment is an
improvident and
extravagant
exercise of the
power of judicial
review that the
Constitution
extends to this
Court .41
As the debate on
the legality of abortion continues, the central issue will be
the question of when human life begins. So much is at stake
that we must ask, "What should we do if we remain unsure of
the answer?"
Summary
• The question of when life begins is made more difficult to
answer because it is linked tightly to
the meaning of life itself.
People who worry about the moral danger of abortion do so because they
think of the fetus as a human being and hence equate feticide with murder.
Whether the fetus is or is not a human being is a matter of definition, notfact,
and we can define any way we wish.
-Garrett Hardin
Never will I sit motionless while directly or indirectly apology is made for the
murder of the helpless. In securing any kind ofpeace, the first essential is to
guarantee to every man the most elementary of rights: the right to his own
life. Murder is not debatable.
-Theodore Roosevelt
Though the two camps, the pro-abortion and pro-life positions, are adamant
and have a high level of certainty in their views, multitudes of people are still
seeking their own conclusions in the abortion matter. Even among those who
have reached a conclusion, it is frequently tentative at best. There remains an
openness to be persuaded of a different view. The fact that opinions on this
issue do change can be seen in the astonishing movement in public opinion
regarding abortion since 1973.
D
o not, for the sake of food, destroy
the work of God. Everything is
indeed clean, but it is wrong for
anyone to make another stumble
by what he eats. It is good not to
eat meat or drink wine or do
anything that causes your brother
to stumble. The faith that you
have, keep between yourself and
God. Blessed is the one who has
no reason to pass judgment on
himself for what he approves. But
whoever has doubts is
condemned if he eats, because
the eating is not from faith. For
whatever does not proceed from
faith is sin. (Rom. 14:14-23)
At this point I must ask: "What is your conscience telling you on abortion?
Why do you hold the position you hold? How did you arrive at your
conclusions?" Too much is at stake in this issue to approach it without sober
thinking and deep reflection.
Summary
• Public opinion on the abortion issue has changed in the direction of the pro-
choice or pro-abortion positions. The main reason for
this is that abortion was legitimized by the Roe v. Wade
Supreme Court decision.
• The New Testament teaches that conscience must not be violated in making
ethical choices.
• Good advice for any ethical choice, but in particular when making a decision
about abortion, is this: "When in doubt, don't."
Discussion Questions
1. Why are so many people unsure of their opinion on abortion?
3. What does the apostle Paul mean by "whatever does not proceed from faith
is sin"? How would you respond to a Christian woman
who said that God was leading her to have an
abortion?
6. How does our understanding of God's justice affect our view of abortion?
The Constitution is what the judges say it is.
-Charles Evans Hughes
Who's to say religion andpolitics shouldn't mix? Whose Bible are they reading
anyway?
Perhaps the most fundamental of all government rights is the just use of
force. The entire concept of government could be reduced to legalized or
authorized force. In its pristine form, government functions as the legitimate
enforcer of law by which society is organized and maintained.
I once had dinner with a well-known
United States senator. In the course of our conversation, the senator made a
comment that astounded me. He said,"I do not believe that any government
ever has the right to coerce any of its citizens to do anything."
O
we no one anything, except to
love each other, for the one who
loves another has fulfilled the law.
For the commandments, "You shall
not commit adultery, You shall not
murder, You shall not steal, You
shall not covet," and any other
commandment, are summed up in
this word: "You shall love your
neighbor as yourself." Love does
no wrong to a neighbor; therefore
love is the fulfilling of the law.
(Rom. 13:1-10)
A frequently heard slogan is, "You can't legislate morality." This phrase has
undergone a strange evolution in meaning. The expression originally meant a
person's behavior cannot automatically be altered by simply passing laws;
legislation doesn't stop people from doing what they are determined to do.
However, the contemporary meaning of the phrase is that it is wrong or
illegitimate to enact legislation that restricts moral behavior.
Summary
• Government is a divine gift. Its role is to restrain evil so that human beings
can live in peace and safety.
• The most fundamental right of government is the just use of force.
• According to Scripture, the authority and power of the state rest in the
authority and power of God.
• The foundational premise of the United States government is that the state
receives the right to govern from the Creator.
• Separation of church and state means that the two entities perform distinct
and separate functions. The separation does not
necessarily mean the separation of the state and God.
• Because moral issues are at the center of all human endeavors, government
inevitably is involved in "legislating morality."
Discussion Questions
1. Why do some in society think that the church should not speak out on
political issues? Why do some in the church think that
the church should avoid political or legislative affairs?
3. What do you fear most when you or your church become involved in
governmental or legislative affairs?
Every man ... is an end in himself, he exists for his own sake,
and the achievement of his own happiness is his highest
moral purpose.
-Ayn Rand
The relevant
portions of the United States Constitution are as follows:
The enumeration
in the
Constitution of
certain rights
shall not be
construed to
deny or
disparage others
retained by the
people. (Ninth
Amendment,
1791)
Section 1. All
persons born or
naturalized in the
United States
and subject to
the jurisdiction
thereof, are
citizens of the
United States
and of the State
wherein they
reside. No State
shall make or
enforce any law
which shall
abridge the
privileges or
immunities of
citizens of the
United States;
nor shall any
State deprive
any person of
life, liberty, or
property, without
due process of
law; nor deny to
any person
within its
jurisdiction the
equal protection
of the laws.
(Fourteenth
Amendment,
1868)
Immediately
evident from even a cursory reading of these amendments is
the absence of a single explicit word about privacy rights.
The concept of the right to privacy, on which legalized
abortion is based, is not mentioned explicitly anywhere in
the Constitution. Without analysis, the majority opinion in
Roe v. Wade decided the issue by simple assertion: "This
right of privacy, whether it be founded in the Fourteenth
Amendment's concept of personal liberty and restrictions
upon state action, as we feel it is, or, as the District Court
determined, in the Ninth Amendment's reservation of rights
to the people, is broad enough to encompass a woman's
decision whether or not to terminate her pregnancy.""
From an ethical
perspective, we must raise this question: Is the right to
privacy an absolute right? Does God, for example, give us
the right to blaspheme Him as long as we don't do it
publicly? Do I have the right to murder someone or disfigure
his property as long as I do it in privacy? Obviously not.
There are moral limitations to the right of privacy. How far do
those limitations extend?
Because I speak
nationally and have a national radio ministry, I have
experienced a substantive loss of privacy. Though I am not
hounded like movie stars or famous athletes, nevertheless I
know what it means to have my dinner interrupted in a
restaurant by someone who wants me to autograph a book.
These interruptions are infrequent and mild, but real
nevertheless. Any person who works in the public eye knows
some sense of the loss of privacy. We rarely understand how
important privacy is until we lose some of it.
We can understand
a celebrity's annoyance when he or she is disturbed in a
public place, but we would hardly argue that in such
instances the celebrity has the right to kill the fan or the
news reporter. We understand that the right to life
transcends the right to privacy. If a fetus is a human life,
then the Supreme Court erred in allowing the destruction of
the fetus under the application of the right of privacy.
Whatever moral
rights a woman has to her body must be grounded in some
norm; otherwise, the claim is arbitrary. From where does a
moral right to one's body with respect to abortion come? Is it
given by God? That would be exceedingly difficult to prove.
Does it come from some other ethical norm? If so, which
one?
A woman does
have some rights to her body. However, it is not evident that
she has an absolute right to her body. The right to abortion,
based on the right to one's body, demands justification
beyond mere assertion.
Is the fetus a part of the woman's body?
Later experiments-
both in England and in the United States-confirmed that each
person, with the exception of identical twins, has a unique
genetic fingerprint. In 1985, Jeffries declared: "You would
have to look for one part in a million million million million
million before you would find one pair with the same genetic
fingerprint, and with the world population of only five billion
it can be categorically said that a genetic fingerprint is
individually specific and that any pattern, excepting identical
twins, does not belong to anyone on the face of this planet
whoever has been or ever will be.""
If any single cell of
a woman's body is analyzed to find its essential biological
structure, each and every cell will have the same genetic
fingerprint. Likewise, an analysis of the cells of the fetus will
determine that each cell has the same genetic fingerprint-
which is different from that of the mother. This indicates that,
at the physical biological level, there is a clear line of
demarcation between the body of the fetus and the body of
the mother. Two distinct sets of human tissue reside in the
pregnant woman's body.
Without a solid
justification, is the argument for the right to one's body just
another way of obtaining personal preference? The least
charitable interpretation is to say it is a thinly veiled tactic to
earn the right to do what one wants.
I do not want to
imply that selfishness is the only reason behind the
argument for a woman's right to her body. It is important,
however, that those who advance this argument be careful
to clarify their precise meaning. Because of the various
possible interpretations and their inherent weaknesses, the
argument, as it is so frequently and simply stated, is
insufficient ground for justifying abortion.
Summary
• Women were granted the legal right to their bodies as it
relates to abortion by the Roe v. Wade
Supreme Court decision. The court
ruled that this right was implied by the
Constitution's Ninth and Fourteenth
amendments.
Duty is ours; consequences are God's.
• If abortion is
made illegal, women will have dangerous backalley
abortions.
• It is inconsistent
to be anti-abortion and pro-capital punishment.
Each of these
arguments can be answered without hesitation or apology.
If abortion is made illegal, women will have dangerous back-
alley abortions
This argument
assumes that if abortion is made illegal a significant number
of women will still have them. Instead of being performed by
qualified physicians in antiseptic environments, abortions will
be performed in dingy criminal settings or by rank amateurs
armed with coat hangers. Though this scenario may seem
overly dramatic, it does have historical precedent and is
therefore realistic.
Again, the
argument based on the concern for the harm that will come
to women who have illegal abortions presumes that aborting
unborn babies is a legitimate practice. In all likelihood, if the
pro-abortion activist who uses this argument were to be
convinced that the unborn are living human beings, this
argument from practical expediency would vanish in view of
the greater evil of the destruction of babies.
It is inconsistent to be anti-abortion and pro-capital
punishment
Whether King or
others agree with this position, its weakness is not one of
inconsistency. Advocates of capital punishment cannot
rightly be charged with espousing a principle of injustice. If a
murderer is killed as a penalty for killing someone else, the
punishment is perfectly just. The penalty may not be
merciful, but it is not unjust. An injustice would be done to
the murderer only if his penalty were more severe than his
crime.
Men should not speak about abortion because it is a
women's issue
I once received a
letter from a Christian woman who chided me on precisely
this point. She maintained that I had no right to speak or
write on abortion because I am a man. Since she was a
professing Christian, I wondered what she would say if the
Lord Jesus Christ were to appear and begin speaking about
abortion. Would she disqualify Him as well simply on the
basis that He is male?
This argument is a
crass form of reverse sexism and female chauvinism. It is
unworthy of the feminist position, slanderous to men, and
trivial in its conception. If we followed this principle to its
logical conclusion, we would have to dismiss Moses, Paul,
Socrates, Plato, Confucius, or any other male teacher of
ethics from the discussion. Ultimately, we would have to
disqualify seven of nine of the current justices of the
Supreme Court, leaving Justices Ruth Bader Ginsburg and
Sonia Sotomayor to decide the matter by themselves.
More soberly, it is
important to realize that the current division over abortion is
not simply a division between men and women. Women are
at the forefront of the pro-life movement, and countless men
are involved in the pro-choice ranks. A common tactic in
debate or discussion is to attack the soundness of an
argument by attacking the person who espouses it. If
abortion is just, then it doesn't matter who argues for it-male
or female, black or white, Asian or European. The argument
must be decided on its own merits, not on the personalities
involved.
Summary
Discussion Questions
1. Is legalized abortion the lesser of two evils?
If we don't know, then shouldn't we morally opt on the side
that is life? if you came upon an immobile body and you
yourself could not determine whether it was dead or alive, I
think that you would decide to consider it alive until
someone could prove it was dead. You wouldn't get a shovel
and start covering it up. And I think we should do the same
thing with regard to abortion.
This is so because
the present laws do not mandate abortion; they allow it. As
long as the law does not prohibit abortion, it serves the
cause of both the pro-abortion and pro-choice camps. When
individuals vote "pro-choice," they vote to allow abortion,
which is the exact goal of the militant pro-abortionist.
The pro-abortion
activists parlayed their small number into a national majority
of public opinion by gaining the silent majority as their ally.
Although the pro-abortion activists were (and are) far
outnumbered by the anti-abortion, pro-life activists, they
were able to swell their ranks dramatically by gathering all
who are pro-choice. A significant shift occurred in the
terminology used in the debate: Pro-abortion activists
adopted the label of pro-choice for themselves. Time will tell
whether this will provoke a backlash from the middle-of-the-
road pro-choice activists, who may rebel if the pro-choice
position becomes clearly identified with pro-abortion. Indeed,
recent debates over health-care reform and taxpayer
subsidies for abortion have already begun to erode the pro-
choice/pro-abortion coalition.
A person who is
conscientiously pro-choice must understand that he or she is
a legal ally, willingly or unwillingly, with the pro-abortion
position. If you the reader have taken a prochoice position to
avoid either extreme camp, you must squarely face the
reality that from a legal standpoint you have chosen the pro-
abortion camp.
The meaning of pro-choice
The right to
choose, as sacred as it may be, does not carry with it the
arbitrary right to destroy a human life. This is as much a
miscarriage of justice as it is a miscarriage of a human baby.
What is it about
the freedom to choose that makes it so precious? What
provoked Patrick Henry to cry, "Give me liberty or give me
death"? Certainly we desire some self-determination, and the
idea of living under external coercion is abhorrent. We are
thinking creatures, and we value our freedom to make
choices. Most of us would hate being imprisoned, but even in
a maximum-security penitentiary, a person's right to choose
is not totally stripped away.
It is this principle of
self-determination-having a say in my own condition and
future-that is brutally denied to every unborn, aborted child.
I had no say in my mother's decision whether to have an
abortion or to carry me to term. My entire life was in her
hands. Had she chosen abortion, my life would have been
snuffed out before I was born. You and I are real human
beings. We were once helpless to exercise our own precious
right to choose. We were once totally dependent on
somebody else's choice for our very existence.
A second crucial
dimension of the right to choose is the question of when to
make the moral choice concerning the baby's life. (Because
this involves sexual morality, it is a very unpopular subject in
the discussion.) The time to choose whether or not to have a
baby is not after the baby has been conceived and begun its
development. Except in cases of rape, sexual intercourse
with or without means of contraception is still a matter of
choice. Choices we make, whether of a sexual or nonsexual
nature, always have consequences. It is an axiom of ethics
and of law that we are responsible for the consequences of
our choices.
When we have
sexual intercourse, we may not intend or desire to produce
another human life. We are aware, however, that intercourse
begins the reproduction process and can produce such
offspring. To kill the offspring is hardly a responsible or moral
method of handling this decision.
The feminist
movement is driven by the relentless pursuit of human
dignity. That is why it seems a radical distortion and gross
inconsistency to link feminism with the pro-abortion or
prochoice positions. The pro-abortion and pro-choice
positions do little for the cause of human dignity. On the
contrary, they demean human dignity and, by implication,
the dignity of women.
Are you pro-choice or undecided?
I recognize,
however, that many who are pro-choice are basically
uncertain. This is primarily why I have written this book. My
purpose has been to convince the undecided that the pro-life
view is the proper ethical option. I believe the evidence is
overwhelming that an embryo or fetus is a living human
being.
However, even
after weighing the evidence, some of you will wonder
whether a fetus is a living human being. If that describes
you, I urge you to review chapter 5 on what to do in the case
of moral or ethical uncertainty. It is understandable that if
you are unsure of your own opinion, you would be reluctant
to impose that view on others.
Discussion Questions
1. What is the appeal of the pro-choice position?
Our whole life would proceed in keeping with nature, if we
would but control our desires at the outset and refrain from
taking away with oils and vicious techniques the human
progeny born by the providence of God.
-Clement of Alexandria
A common thread
in all of these motivations is the perceived pain that a child's
birth will bring. Abortion seems a quick and clean solution to
that perceived pain, though a radical one.
Abortion and hedonism
As a philosophy,
hedonism has long had problems. Realizing that an unbridled
pursuit of pleasure may bring as a consequence an
abundance of undesired pain (for example, a pounding
headache may follow overindulgence in the pleasures of
alcohol), the ancient Epicureans sought to achieve a
moderated and balanced quest for pleasure. There is a
paradox in hedonism, because if we fail to achieve the
pleasure we seek, we are frustrated, and if we gain the
pleasure we seek, we tend to be bored. Thus, the pursuit of
pleasure may be doomed to either frustration or boredom.
Hedonism as a
formal ethic has few serious advocates beyond the likes of
Hugh Hefner, but at the practical level we are all influenced
by it. Unless we are masochists, most of us do not enjoy
pain, so we eagerly seek ways to escape or at least diminish
it. This is why the temptation to opt for abortion is so
powerful. It is a way of escape.
Before further
discussion of specific motives for abortion, it is important to
make clear that the current national debate does not focus
on therapeutic abortion or on abortion in the case of rape or
incest. The great controversy concerns abortion on demand.
Of course, therapeutic abortion and abortion in the case of
rape or incest are important matters, but these particularly
complex ethical issues should not cloud the central debate.
Only a small number of abortions involve rape or incest, as
we will see later in this chapter. Likewise, abortions
performed to save the lives of women are exceedingly rare.
The real issue is abortion for convenience or because the
child is simply not wanted.
Justifying abortion
on the grounds that the baby is unwanted is a perilous tack.
If this motivation ignores the rights of the fetus, then the
same reasoning could justify infanticide or other forms of
homicide. I'm not suggesting that those who favor abortion
when the baby is unwanted also advocate infanticide or
homicide. The point is merely that if the undesirability of a
living fetus is a just ethical ground for its destruction, the
same principle would apply to other living humans. In other
words, if it is unjust to kill a three-year-old child or a three-
day-old child because he or she is undesired, then it is
likewise unjust to kill a living human before birth. The bottom
line is that undesirability is not a just moral basis to kill a
human being.
Frequently, when a
woman struggling with the question of abortion decides to
continue her pregnancy, even though she does not want a
baby, her thinking changes dramatically after her child's
birth. When a mother sees and holds her offspring, a bonding
often takes place that makes her wonder why she ever even
considered abortion. Obviously, after an abortion it is too late
for a woman to change her mind about the desirability of the
child.
Some people
justify abortion, even though the developing fetus may be
alive or at least has potential life, since the child is destined
to live in poverty or with some other social handicap. They
say it is better to destroy the unborn baby before birth.
Certainly many
people throughout history have despised the day they were
born. Even biblical characters have cursed their births, Job
and Jeremiah being the classic examples (Job 3:1-4, 11, 16;
Jer. 20:18). Their lives involved such pain and torment that in
crisis moments they wished they had never been born. Yet
they went on to be people of great historical significance. As
another example, anyone looking at the life prospects for
Ludwig van Beethoven never would have guessed he had a
chance to contribute much to human culture after he went
blind.
Suicide is another
indicator of extreme frustration with life. The number of
suicides has risen in the United States, particularly among
teenagers, among whom it is the second leading cause of
death. Suicide, whatever its moral consequences, differs
sharply from abortion in one critical respect-the suicide
victim makes his or her own choice to live or die. As a living
human being, I do not want someone else to decide whether
the quality of my life is such that I should be destroyed.
The adoption option
The either/or
fallacy in the abortion question often joins with another false
principle: the lesser of two evils. It goes like this: "Though
abortion admittedly is not a pleasant option, it is preferable
to the worse evil of having an unwanted child or a child
whose quality of life may be undesirable." Therefore,
abortion is justified as the lesser of two evils, and the fact
that there are other alternatives is lost in the process.
In 2008, nearly
ninety thousand forcible rapes were reported to authorities
in the United States. Officials estimate, however, that the
actual number of rapes is about four times as high as the
number that is reported. If that is true, somewhere around
three hundred and sixty thousand rapes occur in the United
States every year.
Studies indicate
that the rate of pregnancy from unprotected intercourse
between fertile people is about three percent. If we apply
that figure to the annual rape estimate, approximately ten
thousand pregnancies occur each year from rape. However,
the actual number is probably significantly lower.
Dr. Carolyn
Gerstner offers reasons why the pregnancy rate in rapes is
lower: (1) traumatic situations often immediately stifle
ovulation; (2) the egg is fertile for only about twentyfour
hours after ovulation; (3) the sperm remains viable for only
forty-eight hours; (4) there may have been no actual
penetration in the rape assault; (5) even if there was
penetration, ejaculation may not have occurred; (6) rape
victims range in age from infancy to one hundred years of
age; only an unknown percentage fall into the fertility range
of twelve to fifty years of age; (7) some victims of rape are
infertile, sterile, or have had tubal ligation (many women use
some form of birth control and are protected from
pregnancy); and (8) the rapist may be sterile or have had a
vasectomy. For these reasons, pregnancies from untreated
rapes are rare.52
A more severe
trauma is hard to imagine than that rare occasion when a
woman becomes pregnant as a result of being raped. The
victim had no choice in the matter of her pregnancy, and
now she is left with a decision with respect to an undesired
child. If the victim were my own daughter or a member of my
church, I would counsel her to maintain the pregnancy on
the grounds that the developing baby within her is a co-
victim of the rapist's heinous crime. To kill the fetus, who is
innocent of the offense, is to add insult to injury. I would
want to move heaven and earth to secure an extraordinary
support system for any woman put in this dreadful position
and to seek compensation for her injury.
Therapeutic abortions
In principle, I opt
for saving the baby, but I am not zealous to make that a
matter of national law. This is an extremely vexing problem.
If the choice is between allowing "nature" to kill the mother
or "man" to kill the baby, I would choose the passive action
of possibly letting a woman die from natural consequences
rather than intervening to directly kill the unborn child. The
excruciating issue is "passive" or "active" killing. Another
reason to choose not to kill the child is the possibility that
God will sustain the mother's life.
Discussion Questions
1. If abortion is homicide, can we ever allow it?
A woman on welfare who has six children and no husband
and who is desirous of an abortion does not have an
immediate need for a lecture on morals! ... She of course
needs to know of the reconciling work of Christ, and when
she responds to His love, the Holy Spirit will quicken her to
moral issues.... Often by ministering to the physical, tangible
need we are privileged to meet the deeper spiritual one as
well.
-Bill Crouse
The Christian church is the only army that shoots its
wounded.
-Unknown
I vividly recall a
sad episode that occurred when I was called to the bedside
of a Christian woman dying of uterine cancer. She was in the
final stages of her illness and had requested the sacrament
of the Lord's Supper. I went to the hospital to comfort her
and to administer the sacrament. During our meeting, she
expressed great emotional distress and concern about her
soul. She told me she had carried a secret guilt for a long
time, something she had not told even her husband-she had
had an abortion. She asked me whether I thought her cancer
was a punishment sent from God because of her sin.
In such a situation,
a pastor often gives the patient unqualified assurance that
God would never do such a thing as inflict cancer on a
person as punishment for sin. Such consolations, however,
are not grounded in truth. The Bible reveals that God may
and sometimes does administer temporal punishment for
temporal guilt in the form of disease or even death. God
afflicted Miriam and King Uzziah with a disease for their sins.
Both were stricken by leprosy as acts of divine judgment
(Num. 12:1, 9-11; 2 Chron. 26:16,19-21).
I explained to the
dying woman that I did not know the secret counsel of God
and could not say what His purpose was for her affliction. I
could tell her with certainty, however, that God forgives
anyone who repents. I mentioned the comforting promise of
1 John [Link] "If we confess our sins, he is faithful and just to
forgive us our sins and cleanse us from all unrighteousness."
Here God promises to forgive and cleanse our sins if we
confess them to Him in a repentant spirit.
David understood
that guilt is not removed by offering sacrifices or by trying to
make up for it by good works, but that God requires a broken
and contrite heart. God does not grant forgiveness without a
condition. We often hear that God gives unconditional
acceptance and forgiveness. Such an idea is totally foreign
to the biblical teaching on forgiveness. God demands that a
condition be met. He requires earnest repentance and
confession as the terms by which He will fully and freely
forgive.
Thousands of
people struggle with guilt connected with abortion. It haunts
women who have had them, men who have encouraged
them, and doctors who have performed them. One doctor
reported in The New York Times that she had to prepare
herself emotionally and often endured sleepless nights
before performing abortions: "It's a very tough thing for a
gynecologist to do," she said. "The emotions it arouses are
so strong ... that doctors don't talk to each other about it."
On one occasion, this doctor collapsed on the floor,
overcome by emotion, after performing an abortion.s3
Guilt is a powerful
emotion, one that has the capacity to inflict severe
psychological paralysis on people. I once was approached by
a practicing psychiatrist with an offer to join his staff. He
explained that a large number of his patients were suffering
from problems related to severe guilt. "These people don't
need a doctor, they need a priest," he said. "They need
someone to tell them they are forgiven."
This psychiatrist
had no loyalty to Christianity; he was simply concerned
about the mental health of his patients. He understood the
devastating power of unresolved guilt, and he recognized
that denial and rationalization were not effective means of
dealing with real guilt. The only effective cure for real guilt is
real forgiveness. To try to cover the stain on our hands is a
poor substitute for having the stain removed.
Experiencing God's forgiveness
Though what I
have done cannot be undone, I can be forgiven. Forgiveness
is one of the marvels of God's grace. Its healing power is
magnificent. If a woman has been involved in abortion, God
does not require that she spend the rest of her life walking
around with a red "A" on her chest. He does require that she
repent of her sin and come to Him for the cleansing of
forgiveness. When God forgives us, we are forgiven. When
God cleanses us, we are made clean. That is a cause for
great celebration.
Summary
Not only for every idle word but for every idle silence must man render an
account.
-Ambrose of Milan
All that is necessary for evil to triumph is for good men to do nothing.
-Edmund Burke
Those who are alarmed by legalized abortion and who are devoted to the pro-
life position frequently ask,"What can I do?" Dedicated people and groups
have been working on this issue ever since the Supreme Court legalized
abortion. Considerable public interest in the issue has been aroused, but
abortion remains legal. There is much to be done if the situation is ever to be
rectified.
My dear sir,
U
nless the Divine power has raised
you up as Athanasius contra
mundum, I do not see how you
can go through your glorious
enterprise in opposing that
execrable villainy, which is the
scandal of religion, of England,
and of human nature. Unless God
has raised you up for this very
thing, you will be worn out by the
opposition of men and devils, but
if God is for you who can be
against you? Are all of them
together stronger than God? Oh,
be not weary of well-doing. Go in
the name of God, and in the power
of His might, till even American
slavery, the vilest that ever saw
the sun, shall vanish away before
it. That He that has guided you
from your youth up may continue
to strengthen in this and all things,
is the prayer of
Y
our affectionate servant,
J
ohn Wesley"
Wilberforce died on July 29, 1833-
three days after the Bill For the Abolition of Slavery passed its second reading
in the House of Commons, sounding the end for slavery. "Thank God," he
whispered on his deathbed, "that I should have lived to witness a day in which
England was willing to give twenty million sterling for the abolition of
slavery."56
Wilberforce's example of
steadfastness across more than three decades illustrates not only a heroic
victory against an unspeakable crime, but also the cost of such a mission. The
pain Wilberforce endured in his struggle against slavery was immeasurable.
Unlike ancient Greece, where the physicians led the public outcry against
abortion, the medical community in the United States often has been either
tacitly supportive of abortion or strangely quiet. The medical community has
the greatest financial vested interest in abortion, which has become at least a
billion-dollar business. Abortion has brought a shadow of doubt across the
landscape of the medical profession. Doctors once enjoyed a high degree of
respect as the heroic protectors of human life. Now in some quarters many
doctors are viewed as crass money grubbers who destroy human life in
exchange for money.
Doctors who regularly perform
abortions are receiving some backlash from their colleagues. The New York
Times reported the following:
A
1985 poll by the American College
of Obstetricians and Gynecologists
of 4000 of its 29000 members
reported that 84% said they
thought abortions should be legal
and available, but only a third of
the doctors who favored abortions
actually performed them and
twothirds of those who did
abortions did very few.
A
bout four percent of those polled
performed 26 or more abortions a
month. The researchers did not
ask the doctors why they did or
did not perform abortions. "The
term abortionist still has a very
heavy stigma," said Dr. Curtis E.
Harris, an obstetrician in
Oklahoma City who heads the
American Academy of Medical
Ethics, a group of 21,000 doctors
that favors greatly restricting
availability of abortions.
"
Most gynecologists work to bring a
child into the world in a healthy
state," Dr. Harris said, adding that
performing an abortion "is a real
contradiction."
W
ith few incentives to perform
abortions, most obstetricians and
gynecologists avoid them, medical
experts say and surveys of doctors
report. Those who support
abortion rights say the shortage of
willing doctors makes it harder for
women, who sometimes have to
travel hundreds of miles to find a
doctor to abort a fetus....
D
r. Warren Hern, who directs the
Boulder Abortion Clinic in
Colorado, said, "Abortion doctors
are treated as a pariah by the
medical community," adding, "At
best, we are tolerated."58
The struggle against abortion is difficult, but it is worthy. The longer it lasts,
the more babies will be slain. The longer laws allowing abortion on demand
remain in effect, the more likely it is that society will become hardened in
heart. Continuing the struggle against abortion is not enough. We must
accelerate our efforts until no human child is destroyed under the sanction of
law.
Summary
• The struggle against abortion is difficult and may require significant personal
sacrifice.
• The middle-ground, pro-choice advocate may be the best strategic target for
the pro-life movement.
• Other targets for pro-life activity include liberal churches, liberals who
support human-rights issues, physicians and other
medical personnel, politicians and public officials, and
Christian parents and their children.
1. What strategies have been most effective for the pro-life movement? What
strategies have been least effective?
2. What are our responsibilities to pregnant women who opt against abortion?
3. Should pro-life activists hold protests at churches that are pro-choice? What
kind of impact would this have?
4. What place does emotion properly have in regard to the abortion issue?
7. Why are we reluctant to be active in this cause? What would inspire greater
activity?
As medical technology advances and becomes more
complex, our ethical questions tend to become more
complex as well. One breakthrough, in-vitro fertilization,
which allows previously barren women to have children, has
been a particularly difficult ethical issue. More than two
decades ago, a Tennessee court heard a case in which a
divorcing couple argued over rights to their frozen embryos.
While this case does not deal directly with the issue of
abortion, it does address a foundational issue: some of the
scientific discoveries on the beginning of human life.
The following
transcript is a portion of the court proceedings (Circuit Court
Blount County, state ofTennessee, Maryville, August 10,
1989) in which Jerome Lejeune, M.D., Ph.D., testified. (Some
testimony that was not relevant to the main issue was
deleted.) Dr. Lejeune (1926-94) was professor of
fundamental genetics on the faculty of Medicine of Paris,
held the Kennedy Prize (for being first to discover a disease
caused by chromosomal abnormality-Down's syndrome), and
was a member of a number of prestigious medical and
scientific organizations.
Dr. Lejeune's
native language was French. His testimony was recorded as
he spoke in English, a foreign language to him.
Mr. Christenberry,
Mr. Clifford, and Mr. Taylor were the lawyers. "The Court"
indicates statements made by the judge. "The Witness"
indicates testimony given by Dr. Lejeune.
MR.
CHRISTENBERRY: I believe at this time, your Honor, I would
ask the Court to recognize Dr. Lejeune as an expert witness
in the field in which he's here to testify.
MR.
CHRISTENBERRY: Thank you, your Honor.
A. I heard
something, but very little. I must be very honest, I don't look
at television, I don't listen to the radio, and I only knew when
Mr. Palmer telephoned to me, that was the first time I heard
about it. So I would not say I'm really knowing the
whereabouts, no. I know there are babies, there are human
beings in the fridge, this is the only thing I know.
Q. Thank you,
Doctor. So let's start with that aspect of this case. You're
familiar with in-vitro fertilization?
A. Yes.
Q. Okay.
A. Before it was
used.
Q. Before it was
used. So before it was used it had been conceived in man's
mind, had it not?
QQ Yes.
Q. All right.
Q. Is what, sir?
A. Gathered.
Q. Gathered.
A. Gathered. And
it's very interesting, if I can say, your Honor, to remark that
natural sciences and science of the law, in fact, speak the
same language. In that sense that when we see somebody
healthy, well built, we say he has a robust constitution, and
when we see a country in which every subject is protected
by the law, we say it has an equitable constitution. In the
phenomenon of the writing a law, you have to spell out every
term of the law before it can be considered to be a law. I
mean in the science of the law. And secondarily, this
information written in the law has to be enacted, and it
cannot be before it has been voted for.
Now, the
reproduction process is a very impressive phenomenon in
the sense that what is reproduced is never the matter, but it
is information. For example, when you want to reproduce a
statue, you can make a mold and there will be an exact
contiguity between the atoms of the original statue and the
atoms of the mold. During the molding process there will be
again between the plaster and the mold contact atom by
atom so that you reproduce the statue. But what is
reproduced is not the original because you can make it out of
plaster, out of bronze, about anything. What is reproduced is
the form that the genius of the sculptor had imprinted in the
matter. The same thing is true for any reproduction, whether
it is by radio, by television, by photography, what is printed
or reproduced is the information and not the matter. The
matter is a support of the information. And that explains to
us how life is at all possible, because it would be impossible
to reproduce matter. Matter is not living, matter cannot live
at all. Matter is matter. What is reproduced and transmitted,
it's an information which will animate matter. Then there is
nothing like living matter, what exists is animated matter.
And what we learn in genetics is to know what does animate
the matter, to force the matter to take the form of a human
being.
To give you an
idea, I would take a very simple example, I would take the
example of this little apparatus here, a recorder.
QQ Yes, sir.
A. Now,
chromosomes are a long thread of DNA in which information
is written. They are coiled very tightly on the chromosomes,
and, in fact, a chromosome is very comparable to a mini-
cassette, in which a symphony is written, the symphony of
life. Now, exactly as if you go and buy a cartridge on which
the Kleine Nachtmusik from Mozart has been registered, if
you put it in a normal recorder, the musician would not be
reproduced, the notes of music will not be reproduced, they
are not there; what would be reproduced is the movement of
air which transmits to you the genius of Mozart. It's exactly
the same way that life is played. On the tiny mini-cassettes
which are our chromosomes are written various parts of the
opus which is for human symphony, and as soon as all the
information necessary and sufficient to spell out the whole
symphony, this symphony plays itself, that is, a new man is
beginning his career.
In-vitro fertilization
does not change at all what I have said. It's just a technique
sometime used to bypass a difficulty in the encounter of the
egg and the sperm, so it's a-it's a derivation. It does not
change at all the basic mechanism, the basic mechanism is
just the same.
Now, if I could
continue a little more, it's not about fertilization that we are
discussing. It's about freezing of embryos. I'm not a
specialist at freezing embryos. Your Honor, I have never
played with embryos. But in my laboratory we are freezing
cells, we are thawing them, we are using a lot of those
processes, so we know about it, we use it on another system
than embryos, but all cells are very similar in their reactions.
Now, you have to realize-I don't know if it is true in English,
but I think it's quite true, and it is true at least in all the Latin
language, we use the same word to define the tempo that
we measure with a clock and the temperature that we
measure with a thermometer. We say in French temps and
temperature; in English you say time which is a change of
tempo, which is a temporal thing, and temperature. And that
is not a mistake of the ordinary language; it's a definition of
the basic phenomenon. I don't know how they have
recognized it so long ago to build it into the language. What
means "time" is the flux of the agitation of the molecule, the
flux of the particle which is continually going on. And
temperature is just a measure of the speed with which the
molecules are running in a given medium.
Now, if you
diminish progressively temperature, you diminish the speed
and the number of collisions between the molecules, and so
to speak without any joke about the words, you are
progressively slowing down, slowing down the temperature,
you are freezing time. And, in fact, we are wrong telling that
we are freezing embryos. In a sense it's very true like you
deep freeze the meat in the supermarket, very correct. But
in the fundamental sense what we are doing by lowering
down the temperature is stopping not totally but very deeply
the movements of the atoms and molecule so, in fact, inside
the can, the thermal can in which we put in tiny canisters the
cells or the embryos, we have more or less arrested the flux
of the time. This seems to be rhetorical, but it is not because
otherwise we could never understood why it is possible to
freeze a cell, to have it entirely not moving, not respirating,
not having any chemical exchange, and just if you have done
it with precision (so that no crystals have been made inside
the cells which could have ruptured its very minute
architecture), if you thaw it, thaw it progressively and
carefully, it will again begin to flourish and to divide. Then
it's obviously sure that we have not arrested life and started
life again. What we have arrested is the time for this
particular organism which is inside this can.
If we could put a
cell down to the minus two hundred seventy-three
centigrade, that is, to the absolute zero, every movement
would be stopped. And if the temperature would be
maintained at that level, it would be kept unchanged for
indefinity. I would not say eternity but indefinity. We are not
achieving that when we freeze a cell in my laboratory (and
you do the same here); we use not liquid hydrogen because
it's very costly and very explosive, and it's used only in NASA
for the rockets. We use mostly liquid nitrogen because it
cannot explode, and it's rather cheap, and it's easy to
manage. But it's only minus a hundred ninety degrees that
we have inside the canister. Well, it's rather cool, but it's not
absolute zero, so the preservation is not a hundred percent.
And probably you
could not preserve the cells for more than a number of
years; that nobody knows because it depends on the cells.
For example, to the best of my knowledge for ordinary cells
which are very resistant, they are examples of more than
fifteen years in the canister and being thawed and being
correctly surviving and alive. For mouse embryo it's some
ten years. In our species I think there are no long time,
maybe one or two years, no more than that. And nobody
knows with the actual technique how long the preservation
would be real preservation. It's a question I could not
answer, and I think nobody can answer precisely today.
I think it's
important because people would believe that a pre-embryo
does not have the same significance that an embryo. And in
fact, on the contrary, a first cell knows more and is more
specialized, if I could say, than any cell which is later in our
organism.
Now, I don't know if
I can abuse of your patience, your Honor?
If we stop the
process, if we slow down the movement of the molecules, we
progressively come to a relative standstill, and when the
embryo is frozen, these tiny human beings, they are very
small, one millimeter and a half of a dimension, a sphere a
millimeter and a half, you can put them in canisters by the
thousands. And then with the due connotation, the fact of
putting inside a very chilly space, tiny human beings who are
deprived of liberty, of any movement, even they are
deprived of time (time is frozen for them), make them
surviving, so to speak, in a suspended time, in a
concentration can. It's not as hospitable and prepared to life
as would be the secret temple which is inside the female
body that is a womb which is by far much better equipped
physiologically, chemically, and I would say intellectually
than our best laboratories for the development of a new
human being.
THE WITNESS: We
know much more, since the last two years; we know that the
uniqueness of the early human being I was talking at the
beginning, which was a statistical certainty (but an inference
of all we knew about the frequency of the genes, about the
difference between individuals) is now an experimentally
demonstrated fact. That has been discovered less than two
years ago by Jeffreys in England, the remarkable manipulator
of DNA. And Jeffreys invented that he could select a little
piece of DNA, of which he could manufacture a lot of it,
which is specific of some message in our chromosomes. It is
repeated a lot of times in many different chromosomes and
which is probably a regulation system. Some indication to do
something or do another thing, but not a kitchen recipe, but
a precision about what to do.
And because it's
only telling the cells that this should work and this should not
work, it can assume a lot of tiny change, so that there are so
many of those little genes and there are so many little
changes in them that we receive from father and from
mother an array of those genes that we can realize very
simply, you get the DNA, you put it in solution and you have
it spread in a special medium. Then you put this special
probe made by Jeffreys, and what you see it looks exactly
like the bar code that you have probably seen in the
supermarket, that is, small lines of different breadth and
different distance from each other. If you put that bar code
and you read it with an electronic device, it tells the
computer what the price of the object and tells a lot of other
things.
Another is a third
discovery which is by far the most important of all, which is
that DNA is not as dull as the magnetic tape I was talking
before. Nature is imitated by our discoveries, but she has
known much more than we have yet discovered. In that
sense, that the message written on DNA is written by change
of the various bases which come one after the other in that
one-meter-long molecule. But now it happens that twenty
years ago it was described with certainty that some of the
bases of DNA were carrying an extra little piece we call a
methyl (which is CH3), which is just hooked on it and change
a little of the form of one of the bars of this long scale which
is the DNA molecule. Nobody understood what it was
meaning. And it's only four years ago (especially by the
discovery of Surani) that we have begun to understand that
we were up to something extraordinary, which is that those
tiny little bits of methyl which are put on the base, cytosine,
which is transformed in methyl-cytosine-I'm sorry to be
technical, your Honor, but I cannot translate it, it's chemical
slang.
THE COURT: I
understand.
THE WITNESS: Is
exactly comparable to what does an intelligent reader when
he wants with a pen to underline, to highlight some passage
or to scratch, delete another sentence. That is with the
methylation, one gene which is still there is knocked out, put
to silence, but if it is demethylated on the next division, on
the next cell, then it will speak again.
We knew that
already in man, because in man we know that there are what
is called dermoid cysts which is a division of a non-fertilized
egg inside the ovary of a virgin girl. It cannot grow. It's rare,
but it is well known. It will never give a little baby, but it
makes the spare parts, teeth, nails, all that mixed in
incomprehensible disorder. On the reverse we knew that
sometime after apparently normal fertilization the product
does not divide correctly but makes cysts, little balls again
and again and again, and it's called a mole, hydatidiformis
mole, and it's very dangerous because it can give the cancer
to the pregnant woman.
Now, we have
discovered-(not me), you have to know I'm professor, and
when I say we, it's all the professors of the world, it's not me.
We have discovered that in those hydatidiformis moles, there
were only paternal chromosomes. There were two sets of
paternal chromosomes and the maternal pronuclei had died,
we don't know why. So we know by the mice experiments
that it is related to methylation of the DNA.
Hence, we know by
the human observation, that there is a specialization of
information carried by the sperm compared to the
information carried by the ovum. And I would say I was
wondering, not surprised, but wondering that we were
discovering at this extraordinarily tiny level of information
built into the chromosomes, that paternal duty was to build
the shelter and to make the gathering of the food, to build
the hut and the hunting. And that the maternal trick was
household and building of the spare parts so the individual
can build himself. And it's a kind of admiration that we have
for nature that since we have seen in the grown up that the
man is going hunting and the mother is doing the kitchen, it
is just the same deeply written inside our own chromosomes
at the very beginning at the moments the first human
constitution is spelled out.
It's very
remarkable for the geneticist that we use the same word to
define an idea coming into our mind and a new human
coming into life. We use only one word: conception. We
conceive an idea, we conceive a baby. And genetics tell us
you are not wrong using the same word; because what is
conception? It's really giving information written in the
matter so that this matter is now not any longer matter but
is a new man.
When we come
back to the early human beings in the concentration can, I
think we have now the proof that there are not spare parts in
which we could take at random, they are not experimental
material that we could throw away after using it, they are not
commodities we could freeze and defreeze at our own will,
they are not property that we could exchange against
anything. And if I understand well the present case and if I
can say a word as geneticist, I would say: An early human
being inside this suspended time which is the can cannot be
the property of anybody because it's the only one in the
world to have the property of building himself. And I would
say that science has a very simple conception of man; as
soon as he has been conceived, a man is a man.
QQ Dr. Lejeune,
suppose that-as a hypothetical question, but suppose that
we had heard testimony in this hearing that indicated that
each mom and each dad contribute identically the same to
the embryo, and that there is no differentiation between
their contributions, could you tell us what your opinion is
about whether or not cells are differentiated?
A. It's difficult to
answer that because once you know something in science,
it's very difficult to tell what you would think if you were not
knowing it. If the paternal and maternal chromosomal share
of the baby was the same, we wouldn't have any idea how
this differentiation of cells do occur, so if I had testified two
years ago, I would have said that the mystery of cell
differentiation was complete, and we did not know where it
was written. Now we begin to know where it's written. It's the
only difference, but it's a great difference that we begin to
know. It tells us definitely that what was an implication that it
must be written in the first cell (this type of differentiation
must occur at this time and at the other time another
differentiation should occur). We knew it should have been
written, but we did not know at all how it was.
Q. Okay. And so
you testified at great length about the differentiation.
A. Yeah.
A. To make it
clearer, if I am looking at the mass of cell growing, I know by
my own experience in my lab for twenty years that never a
baby will form itself in our bottles because we are growing
cells taken from the body. On the contrary we know that if
the cell which is dividing is a fertilized zygote, a new
individual is just now beginning to emerge.
Q. What ethical
considerations do you have about freezing?
A. I think love is
the contrary of chilly. Love is warmth, and life needs good
temperature. So I would consider that the best we can do for
early human beings is to have them in their normal shelter,
not in the fridge. The fridge is not a second choice, I would
say it's a third choice. And typically I would not be surprised
that in a few years from now, this long way outside the
female body which is artificial insemination and this long
stay in concentration can will be considered as not very
efficient. It will be much better to make graft of the tubes to
repair the difficulty of the tubal incapacity, or to use
antibiotics-new antibiotics to prevent special difficulty with
the mucosa of the tubes, or find chemicals which will help
find why certain couples, although they have normal
production of cells, cannot manage to get fertilization, or to
get implantation. It's surely some chemical thing which is not
yet discovered which will be the real solution. Then I would
consider that the extracorporeal fertilization, it's, so to
speak, an emergency proposal of medicine on the present
stage of medicine, but it's not good treatment. The good
treatment is yet to be found in each of the cases. It's not the
final answer, so to speak, not at all. That is my feeling, but
it's a feeling.
Q. Within your
knowledge, Doctor, can you tell us what we know and what
we can tell about these human beings from three cells
forward? What knowledge do we gain and at what rate do we
gain it? Do you understand my question?
A. No.
Q. Okay. We have
heard testimony that at three weeks you have got this, the
nervous system starts at this stage-
A. Yeah.
A. Yeah.
Q. And if we used
the most intricate computers, let's say, that would be used in
our space program, NASA we call it, could those computers
be programmed to keep up with what is going on?
MR.
CHRISTENBERRY: You may ask him. I would like to interject at
first if the Court-while it's fresh on the Court's mind, would
have any questions of the doctor. He's used to facing a judge
after he's told his side of the story, and sometimes we do
that in our system.
MR. CLIFFORD:
Thank you, your Honor.
A. Merci.
Q. Now, in
genetics, I would take it, it has been believed on the
theoretical level, all of the genetic material, all of the
information as you referred to it was in the zygote, that has
been believed theoretically for a very long time?
A. No doubt.
Q. Of course. But if
I had come to you, Dr. Lejeune, ten years ago, and I had said,
please help me with my genetics, Doctor, do you believe that
all of the information that's necessary for the development
and maturation of a chicken-
A. Yeah.
Q. Is contained in
that zygotic cell we first see in the egg-
A. Yeah.
Q. Would you have
told me that you believed that?
A. Well, to be
perfectly correct, I would say I believe it; now I would say I
know it. That's a small difference.
Q. But I take it it
would be true that, again, ten years ago had I asked you this
question about the chicken that your level of conviction
about all that information being in the zygotic cell would
have been very high?
A. Yes, pretty.
Q. And certainly if
in genetics we had discovered that some information was
coming into cells from some other source than the genetic
material and having an impact, we would have all been
stunned, scientific world would have been stunned?
A. Yeah, yeah.
A. Uh-huh
(affirmative).
Q. I take it that
your questions, you were answering specifically about
human embryos, zygotes, sperm, ova, but I take it that is
also true of chimpanzees, gorillas, mice, they are-in those
species it's also a very complicated fascinating complex
mechanism?
Q. Certainly. I think
I have read somewhere, and I'm sure if I'm not right you'll
correct me, that genetically as far as the chromosomes, as
far as the contents of the DNA in the chromosomes, for
instance, man, Homo sapiens, and the higher mammals,
particularly the gorillas, chimpanzees-help me look for that
species.
A. Orangutan.
Q. There is a
remarkable similarity?
A. Well, it depends
what you remark. You can remark the similarity, or you can
remark the differences. Arid difference is incredibly
interesting. I don't know where you want to ask me.
Q. Well, I have
heard it said or read that approximately ninety-eight percent
of the genetic material that is found in a chimpanzee or
gorilla is identical to what may be found in a human being.
A. It has been
written, and it has been written by statistical calculation of
the DNA but not about the meaning of it. Now, what makes
ninety percent similarity in the number of words in two
different texts? They can mean something very different by
the way the sentences are made. It's what makes the
difference between the species.
Q. But there is a
similarity in the DNA?
A. Oh, yes.
Q. Mice?
A. Mice, I would not
go that far but partly.
Q. Mice have
zygotes?
Q. Doctor, I forgot
to ask you a couple of questions about your expertise, and
please pardon me for having to come back, but I take it from
your testimony when Mr. Christenberry was asking you
questions that you have not worked in the field of what is
called in this country in-vitro fertilization?
A. No.
Q. I believe in
France there is a different term for that.
A. No.
Q. You have not
been asked to advise in-vitro fertilization clinics on matters
of genetics or anything else?
Q. I suppose I
should ask you this, I understand in-vitro fertilization is done
in France?
A. Oh, yes.
Q. We can take if
we wished on a perhaps philosophical scientific experiment
here, we could take a zygote, look at it, look at the DNA, look
at the other structures in that one cell and assuming that we
had the knowledge to be able to do it, tell everything about
that human being?
Q. Right.
Q. We're engaging
on a philosophical experiment.
A. To be frank and
to give you my belief, I'm not sure we'll be any time able to
build a machine big enough to do that job. There is no
evidence about that.
Q. Dr. Lejeune,
then theoretically-
A. Otherwise this
machine would be a fertilized egg itself.
Q But if we had
such a machine on our philosophical experiment, we could
look into the zygote, and we could tell what color hair this
person would have?
A. No doubt.
Q. What color eyes
this person could have?
A. Yes.
Q. Could we look
into the zygote and, either in the structure or chromosome or
DNA, and tell what language the person would speak?
A. I don't believe
so, sir, because language is a basic phenomenon built in. We
could say, in your example, theoretical example, this being
will be able to speak, but he will speak Japanese if he is in
Tokyo. But we could say conversely with your same system,
looking at a chimpanzee first cell, this being will never
speak.
Q. Could we look
into the zygote, into the genes of the chromosomes, into the
DNA structure and tell whether this individual would like the
music of Beethoven?
Q. Dr. Lejeune, do
you intend to investigate to find the defective chromosomes
for those who do not like Beethoven?
A. Well, even
looking at the grown-up I cannot tell that, sir.
Q. Of course, as
you realize, Professor Lejeune, I'm trying to make, I guess, a
philosophical point, and that is while some information, a
great deal obviously of information is contained in that
zygote, that there would obviously be things we could not
detect with our philosophical machine about the individual
when he or she was twenty, forty or sixty?
A. Uh-huh
(affirmative).
Q. Dr. Lejeune, let
me come I guess to what is the heart of the matter here and
the heart of your testimony. You mentioned using the word
conception and defining it in two different ways, defining it
as the point where a zygote comes into existence and the
point where we have a thought, and really would you agree
with me, Dr. Lejeune, that what we're concerned about in
this case and in the great debate about human life are
definitions? How do we define a human being?
A. Oh, yes.
Q. Now, of course,
when you define a human being, what we're assuming there
is that a human being has certain rights, whether God-given
rights or legal rights?
A. Yeah.
Q. Do you regard
an early human being as having the same moral rights as a
later human being such as myself?
A. You have to
excuse me, I'm very, very direct. As far as your nature is
concerned, I cannot see any difference between the early
human being you were and the late human being you are,
because in both case, you were and you are a member of our
species. What defines a human being is: He belongs to our
species. So an early one or a late one has not changed from
its species to another species. It belongs to our kin. That is a
definition. And I would say very precisely that I have the
same respect, no matter the amount of kilograms and no
matter the amount of differentiation of tissues.
Q. And it would be
the same as ifwe were to kill twenty years later the person,
human being, that the zygote would become?
A. It's difficult to
tell because you ask me a justice question; I'm a biologist.
A. My belief is that
it's no good to kill a member of our kin, very simple belief.
Q. There is not
much difference to you between whether it's at the zygote
level, the fetus level?
A. There is a great
difference as they have not the same age. Some of them are
very youthful ones, others are old ones. But it doesn't make
for me a great difference, in the true sense of the fact it is
discarding a member of my species. It's the only reason why
I don't kill people, it's because they are human. Otherwise,
some of them-some difficulty in life ...
Q. I understand
that.
A. Well, I think in
France we are divided in forty million opinions about that.
Q. But you do
recognize there are men in your own country of great
learning who differ with your view on the ethics of the
embryo and zygotic levels?
A. Oh, that's
obvious.
Q. I believe, Dr.
Lejeune, in the earlier-or I'd say slightly mid-nineteen
eighties, your country set up a commission to study the
ethical concerns raised by the technology of in-vitro
fertilization. Are you aware of the national commission?
Q. Well, I believe it
was called national commission.
Q. So you feel-
A. I don't feel
anything about it. It's just a fact. I don't feel anything.
Q. You believe you
were intentionally kept off this committee?
A. That is a
scientific hypothesis, not demonstrated.
Q. And regarding
those individuals, even if you disagree with them, I take it
you would recognize their integrity?
A. Case by case.
Q. Case by case.
A. Case by case.
Q. Do you know all
the members of the committee?
A. No.
A. Case by case.
A. Yes.
Q. The report of
your national commission expresses some very grave
reservations about the technique we know here as
cryopreservation. Are you familiar with that?
A. Uh-huh
(affirmative).
Q. Let me ask you
this, Dr. Lejeune: Do you share those reservations about
cryopreservation?
A. I have many
reservations. Probably it's not very good.
Q. We heard
testimony from Dr. Shivers, who was the embryologist who
worked in this case, that with cryopreservation there was a
statistical loss of the frozen embryos in the range of, I
believe he said, fifteen to thirty percent.
A. He's a better
specialist about this attrition percent than I am.
Q. So that you can
expect, therefore, by the rules of statistics if we freeze one
hundred pre-embryos, and we come back to thaw them at
any point, we know the odds are very, very high we'll only
have seventy, seventy-five or eighty?
A. Uh-huh
(affirmative).
Q. We knew that
before we put them in the Frigidaire?
A. Yes.
Q. Would you
regard that as an intentional killing of embryos?
A. No, but I would
consider that it's making the embryo running a risk, and
whether this risk was in the best interest of the embryo or
not is an open question. I explain. When we do an
intervention in a baby for a heart disease, in some
intervention we know that around twenty percent of them
will be killed by the intervention. And in this case the
intervention is made only if we know if we don't operate the
child will be killed by the disease at ninety-nine percent of
probability. Then we say in the real interests of this patient
the best for him is to operate even if the operation is still
dangerous, the danger is much greater if we don't operate.
That is a way you can make indeed some choices in
medicine which are dangerous but which are, in fact, the
best that you can do in the interest of this particular patient.
A. I am aware of
that.
Q. So in
cryopreservation we know that we are going to kill ten,
twenty, thirty percent of these early human beings merely so
the woman has a better chance of getting pregnant?
A. That would be
one of the reservations that I would have, but I dislike you
say you kill. It's not killing.
Q. If we were to
take the members, the individuals seated in the jury box,
and I were to have a room I could put them in where we
would know that thirty percent of them would come out
dead, would you not agree I would be guilty of murder?
A. Well, it depends,
sir, because if the room you were talking about were a
shelter during a bombing time and if remaining in that room
all of them will be dead, but in the shelter some of them will
survive, even if thirty percent of them will be dead, you did
well. So it depends on the reason why you did it.
Q. What if I did it
not to take them out of a position of greater harm but merely
for the benefit of some person other than themselves, not
one of them but Mr. Palmer?
A. I suppose he
would refuse you do it, I'm sure.
Q. You recognize
the ethical and moral dilemma I'm raising, of course?
A. No, I don't
recognize it, sir.
QQ You don't?
A. Yeah.
QQ Referring to
supernumerary embryos, referring parti cularly to
cryopreservation, embryos which are not to be used with a
particular patient, woman, who has undergone WF. Are you
familiar with that term, first of all?
A. I know that
term, and it's a wrong term. Can you tell me a man who is
supernumerary?
Q. Maybe just a
lawyer.
A. I don't believe
that, as a man he is not supernumerary. Maybe-I'm not
saying anything.
A. Yes, but it is a
very misleading term, exactly the same thing as pre-embryo.
You change the name because you will change your
behavior, and I dislike that. I like to call a cat a cat, and a
man a man. It's Wendell Holmes who said a man is a man is
a man.
Q. And a dog a dog
and chicken a chicken?
Q. Well, rather at
this point debating whether the term was wise or not, I'm
asking if that was the term that was used.
A. Right.
Q. Now, as I think I
asked you and you told me awhile ago, the French
commission did have reservations about the whole process
of cryopreservation, because, of course, it leads to the
precise problem that we have in this case. Of course, you
know that regular IVF the woman is implanted or pre-
embryos-excuse me, the embryos are inserted within forty-
eight hours?
A. As soon as you
can, yes.
Q. Whereas with a
cryopreserved embryo, it might be six months, it might be a
year. In fact, I believe that you are aware that the French
guidelines provide for a year for the first child, recommend
that a cryopreserved embryo should not be saved longer
than twelve months for the first child?
A. It's consultative.
It has no law, no force; just an opinion.
A. Yes.
Q One question
that was raised in the commission was how long you should
keep a cryopreserved embryo.
A. Yes.
A. I know about
that, but I don't see the meaning.
Q. I'm just asking
you about the report at this point.
A. Yes. Nobody
knows from where it was coming, the time of one year. Out
of the air?
A. I have to be very
precise, I don't know by heart the whole document you are
talking about.
Q. I'm not going to
ask you to quote it. But let me ask you this: Are you aware
that the national commission of France that spoke on this
subject recommended that in the case where the project of
the couple, that is, the IVF project of this couple is
abandoned in the meantime, and that meantime refers to
cryopreservation being used or is unfeasible because, for
example, of the separation of the couple, the only solution
retained by the committee by way of the least evil consist in
the destruction of the embryos with the reservation of the
possibility of donation for research?
MR. CLIFFORD:
Your Honor, may I approach the witness?
THE COURT: You
may.
Q. Let me show
you a page here which unfortunately for me is in French.
A. (Reading in
French.)
Q. Could you-
Q. Could you
continue to read the page? If you would rather not-
A. Well, what
interest?
Q. Just the
headings.
A.
Recommendation to the use of in-vitro fertilization as answer
to infertility-it's very long.
Q. I'm somewhat
surprised by that answer, Dr. Lejeune, because I'm given to
understand-you can correct me here-in December of 1986, a
committee of distinguished French scientists made their
report to the government. The report was started 1983.
A. No, no, there is
no final advice given by this body on this particular problem.
They have discussed it, and they said we will continue to
discuss it, as far as I know.
Q. As far as you
know?
A. Uh-huh
(affirmative).
A. When it is
published, yes, I read it, but that is not published matter. I
don't see where you want to go with this question.
Q. In fact, Dr.
Lejeune, will you agree with me, sir, that there are
distinguished, learned men and women in your own country
of France who take the view that when a couple separates or
is divorced that any embryos that may be in
cryopreservation should be discarded or destroyed?
Q. Of course, not.
Of course, not. And, of course, I take it because you have
your feelings, you would concede that it does not prove that
you are right?
A. On that, I would
not agree entirely with you.
Q. Okay. All right.
Would you agree with me, Dr. Lejeune, that really, of course,
we're talking about what will become in this court a legal
question?
A. Yeah, partly.
A. Disagree with
that. I'm not thinking about the rights of the embryos; I'm
thinking about the duty of the parents and of society. Duty is
a different thing.
Q. Let's talk about
duty because that is a word that courts can understand. You
believe, in fact, there is a duty, and a strong duty, to bring,
or attempt to bring an embryo to term and birth?
A. The embryos
have been frozen for that purpose.
A. If it has been
produced, it has been produced in the view that it could be
put somewhere in which it could be developed, that is the
womb.
Q, So you would
believe that the man has a duty to bring it to life, bring it to
birth rather, is that correct?
A. What man?
A. Yeah.
Q. That he has a
duty, a moral duty to bring it to term?
A. Yes.
A. I would believe
that if she was not feeling having that duty, she would not
have accepted the beginning of the process.
Q. Now, you, of
course, are best known for your discovery of the
chromosome connected with Down's syndrome?
A. Yeah.
Q. If I understand
what you also told us this morning, it is possible to tell at the
zygote level whether-
A. Not at the
zygote level.
Q. At the embryo
level?
A. Yes, and late
embryo.
Q. Late embryo
level whether or not this early human being will suffer from
Down's syndrome?
Q. And as-
A. In fact, it's
essentially for a fetus. It is after two months.
Q. But there is no
reason that you know of, I take it that we could not at some
point in the not very distant future even make that diagnosis
in the embryo level?
A. In some future,
might not.
Q. I take it from
your testimony, Dr. Lejeune, you would believe that even if
the embryo, that early human being, was going to suffer
from Down's syndrome or some other very serious condition
or abnormality, that it would still be the duty of the mother
and the father to bring it to term?
Q. You would
believe that the donors of that embryo would have a moral
imperative, a duty to bring that-
A. Yes, there is a
contribution by the father and by the mother.
Q, By the father
and by the mother?
A. Yeah.
Q. So on that sense
the contributions of the mother and contribution of the
father-
A. Are both
necessary.
Q. Are equal?
A. Necessary,
absolutely.
A. Who knows?
Q. Who knows.
And, of course, unless we were to examine it, we wouldn't
know.
A. Uh-huh
(affirmative).
Q. And certainly
you are not in this court saying that women contribute more
genetic material?
A. In fact, I'm
obliged to say, yes, they contribute more genetic material.
For example, all the DNA on the mitochondria is coming from
the mother, not from the father. Makes a little difference. It's
a fact.
Q. It's a fact?
A. It's a fact.
A. I do believe they
are early human beings, and I have been told that their
mother offered them shelter. Who could refuse that?
A. Yes.
Q. And obviously
he will be their father forever, for the rest of his life if there
are children?
A. (Witness nods
head in the affirmative).
Q. You will not deny
that would have an effect?
A. Totally. If I was
convinced that those early human beings are, in fact, piece
of properties, well, property can be discarded, there is no
interest for me as a geneticist. But if they are human beings,
what they are, then they cannot be considered as property.
They need custody.
Q. What it really
turns on is what philosophically, ethically, legally that
embryo may be. In your mind, sir, you have come to the very
firm conviction that the early embryo or that the embryo is a
human being, early human being, as you described it?
A. Yes.
Q. And you do
recognize in other men's minds, after long and deep thought,
learned men, they come to the opposite conclusion you do?
Q. Just so I
understand what you're telling us, I take it, Dr. Lejeune, from
your testimony that you would be opposed to abortion?
A. Oh, I dislike to
kill anybody. That is very true, sir.
Q. You would
believe that abortion should not be legal?
A. That is another
point which is different. I think abortion is killing people, and
I think in a good jurisdiction would make those killing people
become rare. You cannot prevent everything.
A. Exactly. If it was
a tooth, I would not worry about it.
Q. Finally, Dr.
Lejeune, I'd like to thank you very much first for coming here
to Maryville, Tennessee, to share your scientific and
philosophical views with the court. I hope that you enjoy your
stay and that your trip back is enjoyable. I have only one
final question for you. Okay? What is this?
A. Well, from here I
suppose it's an egg, but I'm not sure.
Q. Let me get a
little closer.
A. It looks like an
egg.
Q. It's an egg?
A. It looks like.
MR. CLIFFORD:
Thank you, Doctor, I thought you were going to tell me it was
an early chicken.
MR. CLIFFORD: I
have no further questions.
A. Oh, probably.
Q. That it will be
frightened?
A. Yes.
Q. And it would
suffer psychological, if you can use that term with a chicken,
stress?
A. I'm not
competent in psychology, you told me, and especially not
about chickens.
A. Yeah. But it
would be still a chicken and only a chicken.
Q. I thought you
told me it was an egg?
A. You told me it
was a chicken.
MR. CLIFFORD: No
further questions.
(A brief discussion
was held off the record.
CROSS EXAMINATION BY MR. TAYLOR:
Q. Dr. Lejeune, I
have just a very few questions. You testified earlier that in
the case of freezing human embryos, the temperature is
lowered only to, I think, a hundred and eighty or ninety
degrees below centigrade, is that correct?
A. Yes, generally.
Q. And because
that is not absolute zero there are still certain processes that
continue within those embryos?
A. Very slowly.
Q. And because of
that, it is your opinion that life or the processes are not
suspended completely, and therefore the embryo continues
to age or develop, is that right?
Q. Is it then your
opinion if these embryos are left in this frozen condition
indefinitely, ultimately they will perish?
A. If they were to
be protected for a long time, I would put them in liquid
hydrogen, but it will cost very much.
Q. If they're in
liquid nitrogen which is not absolute zero, is it your opinion
that they would ultimately perish?
Q. Is it your opinion
that the ultimate effect of storage in cryopreservation
ultimately would have the same effect as destroying them
now?
A. In the ultimate,
yes, but I dislike to speak about very long time because I'm
not sure of what would happen in between.
Q. Yes, sir. You
indicated that you do not object to in-vitro fertilization as a
process, do you?
A. I do not favor it
for theoretical reasons. I guess it's a trick we use now in the
present stage of knowledge, but it's not the best answer. If
you read the newspaper it seems to be the last word about
helping reproduction, and I guess it's a wrong idea. But that
is a technical opinion.
Q. Even though it
may not be the ultimate solution, the ideal solution, you
would concede that many, many infertile couples have been
helped by in-vitro fertilization, would you not?
A. I would consider
some have been helped, but the number that have been
helped by other methods is much greater. But some have
been helped, no doubt.
Q. Doctor, you
indicated that one of the reasons you objected to
cryopreservation was because there is a mortality rate,
certain percentage of the embryo do not survive the process,
is that correct?
A. No, I don't
understand what you mean.
Q. We have been
told that as many as sixty percent of the eggs produced by a
mother may be actually fertilized, but statistically only about
twenty-five actually result in a birth.
QQ You do
recognize -
A. A sizable
number.
QQ You do
recognize, do you not, though, Doctor, that when a man and
woman attempt to have a child by normal sexual
intercourse, there is a percent of embryo human beings, in
your terminology, that are created that never result in a
birth; that is a risk they undergo?
A. It's difficult to
answer your question because some of those fertilizations
are probably abnormal fertilizations that can be early cysts
and what we call empty cysts which are probably not really
true fertilizations. It is very complex, but I agree with you
that the road of life is dangerous, even at the very
beginning.
QQ 1 guess my
question is, Doctor, then even in natural intercourse trying to
achieve a pregnancy, there are going to be some risks that
some of the embryo will not survive, just like in-vitro
fertilization?
A. Yeah.
Q. Finally, Doctor,
as I understand your testimony here today, if you were
advising his Honor on a solution to this very troublesome
problem, your first preference would be that the embryo be
returned to the mother, Mrs. Davis, in this case, is that
correct?
A. I would go step
by step, if you ask me. May I, your Honor?
A. I would agree
with that because that would preserve the life of the
embryos, but then if you agree with that, you are coming
back to the Solomon decision. The true mother is the one
who prefer the baby given to another than the baby being
killed. Then I would suppose that the justice would be on the
side of Solomon.
MR. TAYLOR: We all
hope his Honor has the wisdom of Solomon. Thank you,
Doctor.
MR.
CHRISTENBERRY: No, thank you, your Honor.
There are a large number of pro-life organizations that can
provide you with further information about the abortion
debate. The following list is by no means comprehensive, but
it should give you a good start.
1 Planned Parenthood Federation of America, "2008 Service
Report," 2-4.
9 Ibid.
K. A. Stallworthy,
et al., "Legal
Abortion: A
Critical
Assessment of its
Risks," The
Lancet, 12:4;
American
Association of
Blood Banks and
The American
Red Cross,
"Circular
Information,"
1984, 6; W.
Cates, et al.,
"Thromboembolis
m and Abortion,"
American Journal
of Obstetrics and
Gynecology
132:4; R. L.
Turner,
Complications
and
Consequences
ofAbortion (Los
Angeles:
Advocates for
Life Press, 1983),
4; L. Duenhoelter
and B. Grant,
"Complications
Following
Prostaglandin F-
2A Induced Mid-
trimester
Abortion,"
American Journal
of Obstetrics and
Gynecology,
146:2.
17 Health Care Reform Gazetteer, November 2009; cf. Omni
Magazine, October 1991; Julia
Wittleson, The Feminization of
Poverty (Boston: Holy Cross
Press, 1983), 122-125. Direct
causality is difficult to prove, of
course, but no other single factor
has so affected the health-care
world to separate men and
women more than gynecological
innovations such as abortion.
Even the changing shape of the
workforce to include more women
has been neutralized as a factor
in costs by group health
insurance stabilization.
23 Ibid.
38 Ibid.,20.
40 Ibid.,171.
47 Ibid.
56 Ibid., 108.
57 Ibid., 125.
Alcorn, Randy. Pro-Life Answers to Pro-Choice Questions.
Portland, Ore: Multno- mah,
1992,2000.
Dr. R. C. Sproul is the founder and chairman of Ligonier
Ministries, an international multimedia ministry based in
Lake Mary, Florida. He also serves as senior minister of
preaching and teaching at Saint Andrew's in Sanford, Florida,
and as chancellor of the Ligonier Academy of Biblical and
Theological Studies, and his teaching can be heard around
the world on the daily radio program Renewing Your Mind.
During his
distinguished academic career, Dr. Sproul helped train men
for the ministry as a professor at several leading theological
seminaries.
He is the author of
more than seventy books, including The Holiness of God,
Chosen by God, The Invisible Hand, Faith Alone, A Taste of
Heaven, Truths We Confess, The Truth of the Cross, and The
Prayer of the Lord. He also served as general editor of The
Reformation Study Bible and has written several children's
books, including The Prince's Poison Cup.
Dr. Sproul and his
wife, Vesta, make their home in Longwood, Florida.
Table of Contents
Foreword by Dr. George Grant
Preface
1 A Nation Divided
2 The Sanctity of Life ......................................17
3 The Sanctity of Life and Natural Law
4 When Does Life Begin?
5 What If You Are Not Sure about Abortion?
6 The Role of Government in Abortion
7 A Woman's Right to Her Body
8 Three Frequent Assertions
9 The Pro-Choice Position
10 The Problem of Unwanted Pregnancies .....................121
11 Is Abortion the Unpardonable Sin?
12 A Pro-Life Strategy
Appendix A: Testimony on the Beginning of Human Life
Appendix B: Pro-Life Resources .............................217
Notes
Bibliography
Index









