Jophiel wrote:
gbaji wrote:
I don't know if there are many conservatives/republicans who would disagree that if a woman actively seeks out an illegal abortion, she should be punished.
That would be exactly what people were saying. Apparently there's a whole frame of mind that the woman seeking an abortion is, in reality, a "
second victim"
of the evil abortion doctors.
Hence my statement that politics is not always logical. The reasons listed in those links ranged from it being the equivalent of granting immunity for the accomplice so as to go after the more serious offender, to women being so lied to about abortion for generations that they think they're just having the equivalent of a cancer removed, to just plain recognizing that it doesn't sell well politically coming from a "side" of the issue already under attack for being anti-women. Perhaps I should channel Trump for a moment here (ewww!) and clarify my statement a bit more. If a woman knowingly seeks out an abortion, which she knows is illegal, and she knows is going to result in the murder of an otherwise healthy fetus, and she knows this is murder of a human life, then yes, she should be punished.
Should this be exceptionally rare? Absolutely. We get that most of the time, women seek abortions out of a combination of the factors mentioned in the articles you linked. But we also know that every once in a while a woman tosses her live infant in a trash bin to die, despite having options up to and including "drop it on a church doorstep" as alternatives. And in the cases where the abortion she seeks is the equivalent of that act, killing a human life when she knows there are other alternatives that could free her of the responsibility of parenting, then yes, I think she should be punished. Obviously, from a pro-life perspective, one would seek to make abortion illegal and then go after those who perform abortions, hoping to eliminate the industry at the source. But we don't live in a society that holds a pro-life stance on abortion. Which means we kinda should look at not just the act of seeking an abortion, but the specifics of that act, and the motivation behind it.
I guess my concern is that we might make the old "back alley abortion", which was largely a myth in the lead up to Roe v. Wade, into a reality. Let's imagine a scenario where we have made abortion illegal (or even just certain types, under certain conditions and time frames). And let's imagine we've done a great job enforcing this to the point where no licensed physician will perform any abortion that falls outside the law. Now let's imagine a woman who finds herself wanting one that is illegal. Maybe she waited too long, and it's now too late for an elective abortion. She's perfectly healthy. The fetus is perfectly healthy. But she wants it gone anyway. But no doctor will perform the procedures. You can't imagine a black market for this service emerging? Cause I certainly can. And in a world where after decades of going after drug dealers hasn't put a dent in that trade, I don't think laws that only punish the practitioner of the procedure will work. There'll be a long line of medical school drop outs, or just random people with little or no medical knowledge at all, willing to perform a high risk, highly illegal procedure on a woman, for sufficient cash.
Is the woman in this scenario also a victim? Yes, I suppose she is. She's wiling to risk her life (and pay for the privilege), to get rid of a burden. I'm not sure what kind of mental state or home situation one would have to be in to make that kind of decision, but again... babies in trash bins. It happens. And if the threat of legal punishment in addition to the other risks may tip that decision away from that choice, maybe it's worth doing? Dunno. I don't see a good outcome in any direction with this. But I don't want to blithely discount the possibility of an action taken with blatant disregard for life either.
According to a couple of your links, it was a crime for the woman in 20 states prior to the Roe v. Wade decision (and that's a decent percentage of the states that still banned abortion at the time anyway IIRC). They just practiced discretion in terms of enforcing it. Which I think is wise.