Talking About Abortion Part II
by Eric Segall
A few months ago I started writing an essay suggesting that women's rights organizations and other groups supporting the right of women to terminate their pregnancies should engage in civil disobedience. I was going to urge them to occupy state houses where anti-abortion legislation has passed or was being considered and to confront so called "abortion counselors" at family planning clinics with large numbers of counter-protestors. My motivation for the piece stemmed from desperation over the current state of abortion politics in America.
But the piece wouldn't hunt. I couldn't find the right words or reasons to advocate such a strong stance. My fear was that such measures would just further incense those opposed to abortion rights, leading to more laws and more violence.
A few months ago I started writing an essay suggesting that women's rights organizations and other groups supporting the right of women to terminate their pregnancies should engage in civil disobedience. I was going to urge them to occupy state houses where anti-abortion legislation has passed or was being considered and to confront so called "abortion counselors" at family planning clinics with large numbers of counter-protestors. My motivation for the piece stemmed from desperation over the current state of abortion politics in America.
But the piece wouldn't hunt. I couldn't find the right words or reasons to advocate such a strong stance. My fear was that such measures would just further incense those opposed to abortion rights, leading to more laws and more violence.
So I started
writing another piece about how both sides of the abortion debate should try
hard to listen to and understand the other side’s arguments. I suggested we don’t
need to live in a zero-sum world when it comes to abortion and that name
calling and misleading labels do not advance the debate or the politics
surrounding the debate. Although compromise and civility might be hard to achieve,
I argued we should at least try to do better (on both sides).
I eventually
published the piece on this blog and have since thought long and hard about
both the final essay and the comments I received from trusted friends and
colleagues before I finished the essay. I think there is something important
to learn from the feedback I received.
One of my
colleagues, who has been very supportive of my essay and op-ed writing even
when he disagrees with my perspective, thought I should not publish the piece at
all (he is, for lack of a better label, a pro-choice liberal). He said that “as
someone who believes most things can be resolved in our society through
deliberative, constructive dialogue, I have a small list of what I would call ‘intractable’
social conflicts that are not susceptible to honest dialogue. Abortion is on
that list. Yes, everyone agrees we should talk, but you can’t talk if the
parties are operating from a completely different set of facts ….”
Many of the
comments that appeared on this blog after the essay was published echoed a
similar theme.
Another
friend, a conservative woman (but in favor of Roe) in her seventies, did not like the essay at all. She said: “I
think your position is untenable. Most people either accept the need for abortion
or are fundamentally opposed. I don’t think empathy and an open mind can be
called up. I think respect for the laws and personal autonomy is what should be
emphasized.”
A nationally
known conservative said: “when I first picked up your essay, I was expecting
that overturning Roe v. Wade would be
one of your points on which everyone ought to be able to agree. That’s surely
the key to working out this issue.” He also said that “if something like this
is ever going to work, the reader ought not to be clear on where the author
generally stands on the issue. Given the battle of semantics, that’s a
difficult task for anyone to achieve. But no reader will come away from your
piece thinking that you might be opposed to abortion.”
And, another
colleague had this to say: “I agree that it would be helpful to have a more
constructive/productive discussion between the two sides, but it’s hard to see
how you don’t inevitably reach an impasse in a substantive discussion. At some
level, it is hard to compromise when fundamental moral beliefs are at play,
which is why the larger debate probably has to be about where we place decision-making
power (vs. what the fundamentally “right” decision is). So maybe getting both
sides to focus more on the process (vs. where that process should ultimately
lead) might be a helpful way to move forward.”
These, and
many other similar comments from other readers, suggest that maybe we need to
stop trying to convince one another on the ultimate morality or not of
terminating pregnancies and more on how we should structure the conversation as
a matter of process. This is not inconsistent with the idea I expressed in my
first essay that, maybe, just maybe, those who think abortion should be an
almost absolute right (at least prior to viability or sentience) and those who
think it should be almost always forbidden (except maybe in cases of rape,
incest or when the life of the woman is threatened), can agree to disagree on
the underlying merits but try to have constructive dialogue about who gets to
decide and under what broad rules. I think I agree with my conservative friend
that Roe and Casey may have to be scuttled before such a meaningful dialogue can
take place.
A nationally known intellectual figure
suggested to me that most people who strongly oppose abortion do so on
religious grounds and people can’t talk about religion. That may be true and
may also be why abortion is so hard to talk about. So, perhaps the conversation does
need to turn back to who gets to decide the question. If that is true, maybe the
courts do need to step away, which will place ultimate and final responsibility
with elected leaders.
Many of
those in favor of abortion rights will label that “unilateral disarmament” but
I am not so sure. If the courts do step away, those who favor women having the
right to choose for themselves the morality or not of abortion may, in the long
run, be pleasantly surprised by the results. But that, alas, is a discussion
for another day.