Monday, July 8, 2013

No Novocain: The Crumbling of America's Abortion Empire

State Senator Wendy Davis stood for over 12 hours before the Texas Legislature this month, a final attempt to hold back the pro-life tidal wave. Her dramatic filibuster temporarily stopped a Republican bill that would restrict abortion in Texas, but her efforts, and those of her raucous supporters, demonstrate the hopeless nature of their fight. To oppose a bill that would require abortion facilities to be clean is a desperate measure. President Obama tweeted, “Something special is happening in Austin tonight.” Yes, Mr. President, something special is happening. The logic of abortion has failed and our nation will soon be one that protects all life.

In America, abortion law is a tangled web of legislative and judicial decisions. Choruses of “well, I’m personally opposed, but…” show increasing discomfort with abortion and over half a million young people flock to the capital every January for the march for life. The fetal pain bill and three high-profile fetal murders that came to light this spring highlight untenable inconsistency in our laws.

Last week, the House of Representatives passed the Pain-Capable Fetal Protection Act, a measure that would restrict abortion once the fetus is able to feel pain. Overwhelming medical evidence has found that by 8 weeks, a fetus responds to touch. By 20 weeks, an unborn baby recoils from pain and releases a stress hormone like our bodies do when we get cut, bruised, or burned. Carol Everett, a former owner of an abortion clinic, appeared before the House State Affairs Committee in Texas.  She testified, “I was in the abortion business for six years, and I watched babies under sonography pull away from the instruments when they were used on them…babies do have nerve endings; they do feel pain.”

So why does pain matter? Why do abortion advocates so quickly change the subject to talk of a woman’s privacy? Pain makes us uneasy, and for good reason. If babies feel pain when their lives end (the procedures are more gruesome than one might think) and if it is our duty as a nation to be as accepting, as compassionate, as humane as possible, then ignoring the pain of unborn babies contradicts these ideals. Their silence does not mitigate their physical agony.

The trade-off between violating an unborn child’s life and a woman’s privacy rests on a single question: is the fetus a person who deserves protection?

If so, the government cannot deny unborn babies equal protection under the law. If women and unborn children are both persons, the latter cannot be killed in order to alleviate a woman’s distress. If fetuses are merely masses of tissue, they should be lawfully treated as part of the woman’s body, something she can do with as she chooses. Three recent fetal-murder cases provide the country's most recent consensus.

In Florida, John Andrew Welden tricked his girlfriend into taking abortion pills. Although he was the father of the child, he disagreed with his girlfriend’s decision to keep the baby and took action to end the pregnancy. The fetus was only six weeks old, a stage of pregnancy at which abortion is legal. Welden is charged with first-degree murder.

In Cleveland, three women and a young girl were freed from Ariel Castro’s house after a decade of horrific captivity. One woman testified that he raped her and, after discovering she was pregnant, starved and punched her in the stomach until she miscarried the baby. In addition to numerous accounts of kidnapping and rape, he is charged with murder for the unborn child’s death.

The recent high-profile trial of Kermit Gosnell publicized, to the near-universal horror of Americans, his deplorable abortion practices. The image of a doctor snipping the spinal cords of fully developed babies who survived abortions has made Americans think twice about what abortion really entails. Surely, those women felt they had no other choice, but the deaths of their newly born children are a grave injustice.

In 2003, Congress passed the Unborn Victims of Violence Act:
Whoever engages in conduct that violates any of the provisions of law…and thereby causes the death of, or bodily injury to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section…the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother.

This is profound. It marks a movement toward protection of unborn children and growing discomfort with inconsistency in the laws. But why should elected officials care at all? Shouldn’t they allow individuals to debate this issue in order to focus on more important issues in politics?

I am not so naïve as to think the Democratic Senate will pass the Pain-Capable Fetal Protection Act in the near future, but pro-life politicians should not give up. If we are blind to the vulnerable members of society – babies who writhe in the burning fluid of a saline abortion, pregnant women who fear the future, men who regret lost fatherhood – then we have failed. If the honorable politicians of the United States of America abandon abortion legislation for the sake of “pressing” issues, to whom should the good people of this earth turn when those with power have looked away? If the government – the institution designed to protect the lives of its people – deserts the most vulnerable, it would be a moment of the highest shame in the history of humanity.


Pregnant women should have choices – just like any other American – but they should not have the choice to kill a unique human being who can yawn, smile, itch his nose, and feel pain for which he is given neither an epidural nor Novocain. These women do need support and options – options that protect the emotional, psychological, and physical dignity of the mother and the child. Politicians like Senator Davis, who fight against requiring cleanliness in abortion clinics, have shown their true colors and their disregard for the lives of pregnant women, expectant fathers, and unborn children. The nation of death is fading away. America is changing.

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