Me with my lovely wife, Kathy:

Wednesday, September 11, 2024

Some information on the life of the unborn and current abortion law in the United States:

 There are many issues that are being raised in the current political season. These came out in last night's debate between the presidential candidates. I'm not a medical or legal expert, but I have tried to stay informed on this important matter over the course of 50-year pastoral ministry.

I will be upfront on this. Both for common-sense reasons, and as a believer in the Bible, I conclude that taking the life of an unborn child ought to be viewed the same as taking the life of an already born human being.
That being said, the rest of this post will not be my thoughts, but those of other groups and individuals who have written on this matter. I hope it helps clarify your thinking.

First a summary statement concerning the state of the law under Roe:

Is abortion legal through all nine months of pregnancy?

Yes. On January 22, 1973, the U.S. Supreme Court enacted Roe v. Wade making abortion a "constitutional" right. The court established a trimester system defining parameters within which states could limit abortion. States could not restrict abortion at all during the first three months of pregnancy. States were permitted to apply some restrictions (i.e., licensing of doctors and health facilities, health codes, etc.) from the end of the third month up to the point of viability. The Court permitted states to outlaw abortions from viability until birth, except when necessary to preserve the life or health of the mother.

It sounds like Roe made it possible for a state to outlaw late-term abortions, but that's not the case. The same day as Roe, another case, Doe v. Bolton, defined "health of the mother" to include all factors-physical, emotional, psychological, familial, and the woman's age. Because the court defined health so loosely, a woman can have an abortion for any reason and at any time during her pregnancy.

Roe v. Wade and Doe v. Bolton supersede all state laws, allowing a woman to legally obtain an abortion for any reason throughout all nine months. (https://fbaum.unc.edu/lobby/087_Late-term_Abortion/Organizational_Statements/ALL/ALL_Abortion_For_9months.htm)

 

The Unites States Converence of Catholic Bishops provide this summary of pertinent court cases. It is a pdf file, so you'll need to download it.


Here is a chart published in July of this year concerning the state of abortion law in various states, since the SCOTUS struck down Roe:

   https://www.kff.org/womens-health-policy/state-indicator/gestational-limit-abortions/?currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D

See the previous post on this blog for some definitive thinking on IVF, from Al Mohler.

A key point of definition in this discussion is the way in which "The health of the mother" is understood and applied.

https://www.focusonthefamily.com/family-qa/abortion-and-health-of-the-mother/

As we face important decisions that have far-reaching impact, let's be as well informed as we can.
I hope this helps.