I got into an argument with a friend of mine about this and then subsequently about Prop 8 last night. He sent me this talk by Elder Oaks to prove his point. Here's the relevant excerpt:
I disagree particularly with his last paragraph, but I wanted to hear the law-school take on this. I don't think that we legislate morality, other than a fairly narrowly-defined ethic of property rights and rights to life, liberty, and pursuit of happiness. Your thoughts/examples?
Some Latter-day Saints say they deplore abortion, but they give these exceptional circumstances as a basis for their pro-choice position that the law should allow abortion on demand in all circumstances. Such persons should face the reality that the circumstances described in these three exceptions are extremely rare. For example, conception by incest or rape—the circumstance most commonly cited by those who use exceptions to argue for abortion on demand—is involved in only a tiny minority of abortions. More than 95 percent of the millions of abortions performed each year extinguish the life of a fetus conceived by consensual relations. Thus the effect in over 95 percent of abortions is not to vindicate choice but to avoid its consequences. 1 Using arguments of “choice” to try to justify altering the consequences of choice is a classic case of omitting what the Savior called “the weightier matters of the law.”
A prominent basis for the secular or philosophical arguments for abortion on demand is the argument that a woman should have control over her own body. Not long ago I received a letter from a thoughtful Latter-day Saint outside the United States who analyzed that argument in secular terms. Since his analysis reaches the same conclusion I have urged on religious grounds, I quote it here for the benefit of those most subject to persuasion on this basis:
“Every woman has, within the limits of nature, the right to choose what will or will not happen to her body. Every woman has, at the same time, the responsibility for the way she uses her body. If by her choice she behaves in such a way that a human fetus is conceived, she has not only the right to but also the responsibility for that fetus. If it is an unwanted pregnancy, she is not justified in ending it with the claim that it interferes with her right to choose. She herself chose what would happen to her body by risking pregnancy. She had her choice. If she has no better reason, her conscience should tell her that abortion would be a highly irresponsible choice.
“What constitutes a good reason? Since a human fetus has intrinsic and infinite human value, the only good reason for an abortion would be the violation or deprivation of or the threat to the woman’s right to choose what will or will not happen to her body. Social, educational, financial, and personal considerations alone do not outweigh the value of the life that is in the fetus. These considerations by themselves may properly lead to the decision to place the baby for adoption after its birth, but not to end its existence in utero.
“The woman’s right to choose what will or will not happen to her body is obviously violated by rape or incest. When conception results in such a case, the woman has the moral as well as the legal right to an abortion because the condition of pregnancy is the result of someone else’s irresponsibility, not hers. She does not have to take responsibility for it. To force her by law to carry the fetus to term would be a further violation of her right. She also has the right to refuse an abortion. This would give her the right to the fetus and also the responsibility for it. She could later relinquish this right and this responsibility through the process of placing the baby for adoption after it is born. Whichever way is a responsible choice.”
The man who wrote those words also applied the same reasoning to the other exceptions allowed by our doctrine—life of the mother and a baby that will not survive birth.
I conclude this discussion of choice with two more short points.
If we say we are anti-abortion in our personal life but pro-choice in public policy, we are saying that we will not use our influence to establish public policies that encourage righteous choices on matters God’s servants have defined as serious sins. I urge Latter-day Saints who have taken that position to ask themselves which other grievous sins should be decriminalized or smiled on by the law due to this theory that persons should not be hampered in their choices. Should we decriminalize or lighten the legal consequences of child abuse? of cruelty to animals? of pollution? of fraud? of fathers who choose to abandon their families for greater freedom or convenience?
Similarly, some reach the pro-choice position by saying we should not legislate morality. Those who take this position should realize that the law of crimes legislates nothing but morality. Should we repeal all laws with a moral basis so that our government will not punish any choices some persons consider immoral? Such an action would wipe out virtually all of the laws against crimes.
A prominent basis for the secular or philosophical arguments for abortion on demand is the argument that a woman should have control over her own body. Not long ago I received a letter from a thoughtful Latter-day Saint outside the United States who analyzed that argument in secular terms. Since his analysis reaches the same conclusion I have urged on religious grounds, I quote it here for the benefit of those most subject to persuasion on this basis:
“Every woman has, within the limits of nature, the right to choose what will or will not happen to her body. Every woman has, at the same time, the responsibility for the way she uses her body. If by her choice she behaves in such a way that a human fetus is conceived, she has not only the right to but also the responsibility for that fetus. If it is an unwanted pregnancy, she is not justified in ending it with the claim that it interferes with her right to choose. She herself chose what would happen to her body by risking pregnancy. She had her choice. If she has no better reason, her conscience should tell her that abortion would be a highly irresponsible choice.
“What constitutes a good reason? Since a human fetus has intrinsic and infinite human value, the only good reason for an abortion would be the violation or deprivation of or the threat to the woman’s right to choose what will or will not happen to her body. Social, educational, financial, and personal considerations alone do not outweigh the value of the life that is in the fetus. These considerations by themselves may properly lead to the decision to place the baby for adoption after its birth, but not to end its existence in utero.
“The woman’s right to choose what will or will not happen to her body is obviously violated by rape or incest. When conception results in such a case, the woman has the moral as well as the legal right to an abortion because the condition of pregnancy is the result of someone else’s irresponsibility, not hers. She does not have to take responsibility for it. To force her by law to carry the fetus to term would be a further violation of her right. She also has the right to refuse an abortion. This would give her the right to the fetus and also the responsibility for it. She could later relinquish this right and this responsibility through the process of placing the baby for adoption after it is born. Whichever way is a responsible choice.”
The man who wrote those words also applied the same reasoning to the other exceptions allowed by our doctrine—life of the mother and a baby that will not survive birth.
I conclude this discussion of choice with two more short points.
If we say we are anti-abortion in our personal life but pro-choice in public policy, we are saying that we will not use our influence to establish public policies that encourage righteous choices on matters God’s servants have defined as serious sins. I urge Latter-day Saints who have taken that position to ask themselves which other grievous sins should be decriminalized or smiled on by the law due to this theory that persons should not be hampered in their choices. Should we decriminalize or lighten the legal consequences of child abuse? of cruelty to animals? of pollution? of fraud? of fathers who choose to abandon their families for greater freedom or convenience?
Similarly, some reach the pro-choice position by saying we should not legislate morality. Those who take this position should realize that the law of crimes legislates nothing but morality. Should we repeal all laws with a moral basis so that our government will not punish any choices some persons consider immoral? Such an action would wipe out virtually all of the laws against crimes.
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