Tag Archives: Unborn Child

Clinton-appointed judge rules that pro-life license plates are “patently offensive”

New York pro-life license plate
New York pro-life license plate

Here’s an interesting story from The Daily Caller. (H/T Mary from Marin)

It says:

A new decision by the Second Circuit Court of Appeals holds that New York’s state government has the right to ban “Choose Life” license plates on the grounds that such a statement is “patently offensive.”

The dispute stems from a now-suspended program offered by New York’s Department of Motor Vehicles (DMV) which allowed private organizations to create custom license plates. If drivers purchased the plates, the purchasing price was split between the DMV and the non-profit.

The Children First Foundation (CFF), an organization promoting adoption as an alternative to abortion, submitted a design for a “Choose Life” license plate, which featured a drawing of two children’s faces in front of a yellow sun.

The proposed plate was rejected, with the DMV citing a policy that allows it to ban “patently offensive” plates in order to prevent incidents of road rage. The “patently offensive” category in U.S. speech is typically related to public obscenity laws, and allows for limitations on things like the public display of pornography or other materials that blatantly violate community standards.

Judge Rosemary Pooler, a Clinton appointee, agreed with New York’s position in her majority opinion. She took this view even though she also ruled that license plates are private speech subject to First Amendment protections. Despite these protections, however, she said that so many New Yorkers could find a plate advocating an anti-abortion position “patently offensive” that the DMV was justified in suppressing the speech.

I want to focus in on the life of the judge who made the decision.

I found her biography on Wikipedia. Look at how successful she was:

Rosemary Pooler was born in New York City. She earned a B.A. from Brooklyn College in 1959, an M.A. from the University of Connecticut, and a J.D. from the University of Michigan Law School.

Following graduation from law school, Pooler entered private law practice in Syracuse, New York. In 1972, she was appointed as Director of the Consumer Affairs Unit in the Syracuse Corporation Counsel’s Office, serving in that post for a year. From 1974 to 1975, she served on the Syracuse City Council. In 1975, she was appointed as Chairman of the New York State Consumer Protection Board, serving until 1980. The following year, she was appointed to the state Public Service Commission. In 1987, she served as a committee staff member for the New York State Assembly. Following a stint on the law faculty at Syracuse University College of Law, she served for a year as Vice President of Legal Affairs at the Atlantic States Legal Foundation.

In 1986, Rosemary Pooler decided to run for the United States House of Representatives. She challenged conservative Republican incumbent George C. Wortley, who was seeking a fourth term. She campaigned aggressively and came within less than 1,000 votes of winning.

In 1990, she was elected as a Justice for the Fifth Judicial District of the Supreme Court of New York. Four years later, she was appointed to the federal bench by President Bill Clinton, serving from 1994 to 1998, as federal district judge in the Northern District of New York. She received her current appointment as a Judge on the United States Court of Appeals for the Second Circuit in 1998.

So, this license plate case, along with many of the other issues that I blog about, is the problem. What is the solution to all these problems? The solution is for us as Christians to get serious about our education, our work experience, our earning and saving, and our marriages and parenting in order to have an influence. We need to be the judges who make these decisions about whether pro-life license plates are legal or illegal. Failing that, our children need to be the judges. And that means that when it comes to education and career, instead of doing what makes us feel happy we have to work hard at having an influence. And when it comes to marriage, we should look at it less as something that is feelings-directed and happiness-focused, and more about making it serve God by raising influential, effective children.

New study: unborn babies are viable at 22 weeks

Unborn Baby - 10 weeks old
Unborn baby – 10 weeks old

This story appeared in the radically leftist New York Times, of all places.

It says:

A small number of very premature babies are surviving earlier outside the womb than doctors once thought possible, a new study has documented, raising questions about how aggressively they should be treated and posing implications for the debate about abortion.

[…]The study, one of the largest and most systematic examinations of care for very premature infants, found that hospitals with sophisticated neonatal units varied widely in their approach to 22-week-olds, ranging from a few that offer no active medical treatment to a handful that assertively treat most cases with measures like ventilation, intubation and surfactant to improve the functioning of babies’ lungs.

[…]The study, involving nearly 5,000 babies born between 22 and 27 weeks gestation, found that 22-week-old babies did not survive without medical intervention. In the 78 cases where active treatment was given, 18 survived, and by the time they were young toddlers, seven of those did not have moderate or severe impairments. Six had serious problems such as blindness, deafness or severe cerebral palsy.

Of the 755 born at 23 weeks, treatment was given to 542. About a third of those survived, and about half of the survivors had no significant problems.

You can double-check the details of the study.

Meanwhile, in Congress, the Republicans are getting ready to reintroduce a bill that bans abortions after 20 weeks.

Excerpt:

Republicans in the House of Representatives will hold a vote on or around the anniversary of the murder conviction of late-term abortionist Kermit Gosnell on a marquee bill to ban abortions after 20 weeks of pregnancy because unborn children feel intense pain in abortions. This is the second time Republicans have planned a vote on the major pro-life bill — and this vote is expected to take place next week, possibly Wednesday, the anniversary of Gosnell’s conviction.

[…]As pro-life sources have informed LifeNews, other new provisions of the bill that strengthen in include a born-alive infant protection requirement that requires a second doctor be present and prepared to provide  care to the child if he or she is born alive and that the child must receive the same level of care as would any other premature infant. The baby must then be transported and admitted to a hospital.  The woman is also empowered with a right to sue if the law is not followed, and is provided with an informed consent form that notifies her of the age of her baby and the requirements under the law.

Abortionists are explicitly required to follow state mandatory reporting laws and state parental involvement laws.  Finally, abortionists are required to report any late abortions done under the exceptions to the Center for Disease Control and such data will be compiled into an annual public report to ensure accountability.

This bill doesn’t go all the way to banning all abortions – far from it. But pro-life groups are pleased, because they want to save some lives even if they can’t save all:

Top pro-life advocates are strongly supporting the final version of the bill up for a vote next week, according to the Weekly Standard. Two major pro-life groups have already signed off on the revised bill.

“We will have even stronger support than we did in the last Congress,” said Rep. Chris Smith of New Jersey, a leading pro-life advocate in the House. “It will be good to have a truly unified pro-life conference.”

National Right to Life Committee president Carol Tobias worked closely with Republican leadership staff members and met Thursday with McCarthy. “I felt very comfortable working with leadership staff,” said Tobias. “We were working as allies.”

“We are thankful to our pro-life allies on the Hill, including House GOP leadership and the Congressional Pro-Life Women’s Caucus, who have tirelessly worked to bring this bill to a vote,” said Marjorie Dannenfelser, president of the Susan B. Anthony List. “This process has yielded a strong bill which we expect to pass next week with enthusiastic bipartisan support.”

Sponsoring Congressman Trent Franks of Arizona says the bill has the potential to save thousands of babies from abortion.

That bill is, of course, opposed by Democrats.

UPDATE: Here’s a news story about a woman who killed a 20-week-old baby who was born alive and left to die.

Images of unborn babies developing in the womb

This post from Life News has ten excellent pictures of life inside the womb.

Here’s my favorite from 10 weeks:

Unborn Baby - 10 weeks old
Unborn Baby – 10 weeks old

This is a first trimester baby!

I decided to go hunting to see what is developed at this time, and found this list:

  • From this week until birth, the developing organism is called a fetus.
  • The fetus is now the size of a small strawberry.
  • The feet are 2mm long (one tenth of an inch).
  • The neck is beginning to take shape.
  • The body muscles are almost developed. Baby has begun movement.
  • While still too small for you to feel, your little one is wriggling and shifting.
  • The jaws are in place. The mouth cavity and the nose are joined.
  • The ears and nose can now be seen clearly.
  • Fingerprints are already evident in the skin.
  • Nipples and hair follicles begin to form.

The unborn baby is now called a fetus. Though the fetus is constantly moving, you will not be able to actually feel fetal movement for several more weeks. All of the organs, muscles, and nerves are in place and beginning to function. As the hands and feet develop fingers and toes, they have lost their paddle like look. The touch pads on the fingers form and already have fingerprints.

During this week of pregnancy the crown to rump length of the fetus is 0.9 inch to 1.2 inches (22 to 30mm), weight 0.07 ounce (2gm). They are now on the way to forming their testicles or ovaries, getting ready for the next generation. Until the ninth week of fetus development, the fetal reproductive apparatus is the same one for the both sexes. The head is still large and curves into chest.

Each week your uterus grows larger with the baby growing inside it. You may begin to see your waistline growing thicker by this time. A pelvic exam will detect that your uterus has grown from it’s normal, size of your fist, to a little bigger than a grapefruit.

Here are some new photos from another Life News, which actually show sperm and egg, as well as the earliest stages after conception.

Scott Klusendorf defends the pro-life view on the Unbelievable radio show

Here are the details:

The abortion debate reared its head again this summer after controversial tweets by Richard Dawkins made the news.

Justin hosts a discussion between Mara Clarke of the Abortion Support Network and Scott Klusendorf of the Life Training Instititute. Mara believes women need to be decide whether to terminate a pregnancy, but Scott says that all depends on whether we are dealing with a human life in the womb.

MP3 of this show: http://cdnapi.kaltura.com/p/618072/sp/61807200/playManifest/entryId/1_ggc953xi/flavorId/1_vto2eisb/protocol/http/format/url/a.mp3?clientTag=feed:1_jlj47tkv

My snarky paraphrase of the debate (not exact):

  • Speaker introductions
  • Klusendorf: no justification for abortion is necessary if the unborn are not human
  • Klusendorf: we need to address the issue “what is the unborn?” Are the unborn human?
  • Klusendorf: SLED: size, level of development, environment, degree of dependency
  • Klusendorf: None of these things affect the value of a human being
  • Klusendorf: Even if we don’t KNOW whether the unborn is human
  • Mara: I’m not going to debate when life begins
  • Mara: Women know when life begins by feelings
  • Mara: The moral decision is “whether I can take care of this child?”
  • Brierley: When is an unborn being human?
  • Mara: I refuse to debate that – the real question is whether women want their babies or not
  • Mara: Forced pregnancy is not OK
  • Brierley: Could your justification for abortion (not wanting to care for a child) work through all 9 months?
  • Mara: Late term abortions are rare, so I don’t have to answer that question
  • Mara: Abortion should be OK through all 9 months of pregnancy because women cannot be restricted
  • Mara: Some women are poor, they need to be able to kill expensive babies at any time
  • Klusendorf: although she says she won’t debate the unborn, she does take a position
  • Klusendorf: she assumes the unborn is not human, because she says that insufficient funds is justification for abortion
  • Klusendorf: no one argues that you can kill a two year old because they cost money, because she thinks they are human
  • Klusendorf: she is begging the question by assuming the unborn are not human, but that is the issue we must resolve
  • Klusendorf: I am pro-choice on many other things, e.g. women choosing their own husbands, religion, etc.
  • Klusendorf: Some choices are wrong – Mara might be right, but she needs to make the case for the unborn not being human
  • Brierley: What is your reason for thinking that an unborn child is different from a 2-year old?
  • Mara: An unborn child is not the same as a 2-year old, in my personal opinion
  • Mara: I am not a debater, so I don’t have to provide reasoning for my assertion, I just feel it
  • Mara: Not everybody agrees with Scott, they don’t have to have a rational argument, they just need to feel differently
  • Mara: From my experience, when a woman doesn’t want to be pregnant, then she should be able to not be pregnant
  • Mara: Women shouldn’t be punished with a baby that she doesn’t want, even if she chooses to have recreational sex
  • Brierley: What do you think of women who think the unborn is human and do it anyway?
  • Klusendorf: It’s interesting that they never kill their toddlers for those reasons
  • Klusendorf: I layed out scientific and philosophical reasons for the humanity of the unborn
  • Klusendorf: Her response was “but some people disagree with you”
  • Klusendorf: People disagreed about whether slavery was wrong, or whether women should be able to vote
  • Klusendorf: that doesn’t mean there is no right answer – the right answer depends on the arguments
  • Klusendorf: if absence of agreement makes a view false, then it makes HER pro-choice view false as well
  • Klusendorf: she did make an argument for the unborn child having no rights because of the location
  • Klusendorf: she needs to explain to us why location matters – what about location confers value
  • Mara: I’m not going to let Scott frame my debate for me!!!
  • Mara: women get pregnant and they don’t want their babies! should we put them in jail!!!!
  • Klusendorf: I didn’t just give my opinion, I had science and philosophy, the issue is “what is the unborn?”
  • Mara: philosophical and scientific debates are unimportant, I am an expert in real women’s lives
  • Klusendorf: Which women? Women in the womb or only those outside the womb?
  • Mara: Only those outside the womb
  • Klusendorf: Only those outside the womb?
  • Mara: Women living outside the womb have a right to kill women inside the womb – women have bodily autonomy
  • Klusendorf: then does a pregnant woman with nausea have a right to take a drug for it that will harm her unborn child?
  • Mara: Unborn children are only valuable if they are wanted, unborn children only deserve protection if they are wanted
  • Mara: There are restrictions on abortion – you can’t get an abortion through all nine months in the US
  • Mara: There is a 24-week limit in the UK as well
  • Klusendorf: There are no restrictions on abortion that conflict with “a woman’s health” because Supreme Court said
  • Mara: where are these late term abortion clinics?
  • Klusendorf: (he names two)
  • Mara: that’s not enough!!! we need more! where is there one in Pennsylvania?
  • Klusendorf: well, there used to be Gosnell’s clinic in Pennsylvania, and you could even get an infanticide there….
  • Brierley: What about Dawkins’ view that it is moral to abort Down’s Syndrome babies?
  • Klusendorf: he is ignoring the scientific case and philosophical case for the pro-life
  • Klusendorf: the pro-life view is a true basis for human equality

What I wanted Scott to ask was whether sex-selection abortions were OK with her. Since her reasoning is “if it’s unwanted, it has no rights”, then that would mean sex-selection abortions are just fine. That’s what a UK abortion expert recently argued. And I also posted recently about how sex-selection abortions are not prosecuted in the UK. If you’re looking for a war on women, there it is.

A simple case for the pro-life position by Scott Klusendorf

Are you able to make a basic case for the pro-life view?

Here’s a short 38-lecture by Scott Klusendorf, president of the Life Training Institute.

This is a long treatment that talks about the challenge of moral relativism and the case for the pro-life view. He does show a clip of abortion in the video to the audience.

There’s also a 35-minute audio recording of Scott on the LTI web site. (H/T Apologetics 315) You can put that on your podcast player and listen to it. Listen to it a lot and soon you’ll sound like Scott.

Scott also has an article posted on the LTI web site for those who don’t have time for the video or the audio.

In the article makes three points:

  1. Clarify the issue
  2. Defend your pro-life position with science and philosophy
  3. Challenge your listeners to be intellectually honest

Here’s the second point:

Scientifically, we know that from the earliest stages of development, the unborn are distinct, living, and whole human beings. Leading embryology books confirm this.2 For example, Keith L. Moore & T.V.N. Persaud write, “A zygote is the beginning of a new human being. Human development begins at fertilization, the process during which a male gamete or sperm … unites with a female gamete or oocyte … to form a single cell called a zygote. This highly specialized, totipotent cell marks the beginning of each of us as a unique individual.”3 Prior to his abortion advocacy, former Planned Parenthood President Dr. Alan Guttmacher was perplexed that anyone, much less a medical doctor, would question this. “This all seems so simple and evident that it is difficult to picture a time when it wasn’t part of the common knowledge,” he wrote in his book Life in the Making.4

Philosophically, we can say that embryos are less developed than newborns (or, for that matter, toddlers) but this difference is not morally significant in the way abortion advocates need it to be. Consider the claim that the immediate capacity for self-awareness bestows value on human beings. Notice that this is not an argument, but an arbitrary assertion. Why is some development needed? And why is this particular degree of development (i.e., higher brain function) decisive rather than another? These are questions that abortion advocates do not adequately address.

As Stephen Schwarz points out, there is no morally significant difference between the embryo that you once were and the adult that you are today. Differences of size, level of development, environment, and degree of dependency are not relevant such that we can say that you had no rights as an embryo but you do have rights today. Think of the acronym SLED as a helpful reminder of these non-essential differences:5

Size: True, embryos are smaller than newborns and adults, but why is that relevant? Do we really want to say that large people are more human than small ones? Men are generally larger than women, but that doesn’t mean that they deserve more rights. Size doesn’t equal value.

Level of development: True, embryos and fetuses are less developed than the adults they’ll one day become. But again, why is this relevant? Four year-old girls are less developed than 14 year-old ones. Should older children have more rights than their younger siblings? Some people say that self-awareness makes one human. But if that is true, newborns do not qualify as valuable human beings. Six-week old infants lack the immediate capacity for performing human mental functions, as do the reversibly comatose, the sleeping, and those with Alzheimer’s Disease.

Environment: Where you are has no bearing on who you are. Does your value change when you cross the street or roll over in bed? If not, how can a journey of eight inches down the birth-canal suddenly change the essential nature of the unborn from non-human to human? If the unborn are not already human, merely changing their location can’t make them valuable.

Degree of Dependency: If viability makes us human, then all those who depend on insulin or kidney medication are not valuable and we may kill them. Conjoined twins who share blood type and bodily systems also have no right to life.

In short, it’s far more reasonable to argue that although humans differ immensely with respect to talents, accomplishments, and degrees of development, they are nonetheless equal because they share a common human nature.

That’s the core of the basic pro-life case right there. There’s also a good interview of Mr. Klusendorf that I blogged about.

Advanced Objections

You can learn more by reading basic pro-life apologetics… from Francis Beckwith. You might recognize Frank Beckwith as the author of “Defending Life: A Moral and Legal Case Against Abortion Choice“. He wrote that book for Cambridge University Press, a top academic press. But before Cambridge University Press, Beckwith wrote easy-to-understand essays for the Christian Research Journal.

Here are four essays that answer common arguments in favor of legalized abortion.

Here’s an excerpt from Part II:

Excerpt:

A woman who becomes pregnant due to an act of either rape or incest is the victim of a horribly violent and morally reprehensible crime. Although pregnancy as a result of either rape or incest is extremely rare, [1] there is no getting around the fact that pregnancy does occur in some instances.

[…]Despite its forceful appeal to our sympathies, there are several problems with this argument. First, it is not relevant to the case for abortion on demand, the position defended by the popular pro-choice movement. This position states that a woman has a right to have an abortion for any reason she prefers during the entire nine months of pregnancy, whether it be for gender-selection, convenience, or rape. [3] To argue for abortion on demand from the hard cases of rape and incest is like trying to argue for the elimination of traffic laws from the fact that one might have to violate some of them in rare circumstances, such as when one’s spouse or child needs to be rushed to the hospital. Proving an exception does not establish a general rule.

[…]Fourth, this argument begs the question by assuming that the unborn is not fully human. For if the unborn is fully human, then we must weigh the relieving of the woman’s mental suffering against the right-to-life of an innocent human being. And homicide of another is never justified to relieve one of emotional distress. Although such a judgment is indeed anguishing, we must not forget that the same innocent unborn entity that the career-oriented woman will abort in order to avoid interference with a job promotion is biologically and morally indistinguishable from the unborn entity that results from an act of rape or incest. And since abortion for career advancement cannot be justified if the unborn entity is fully human, abortion cannot be justified in the cases of rape and incest. In both cases abortion results in the death of an innocent human life. As Dr. Bernard Nathanson has written, “The unwanted pregnancy flows biologically from the sexual act, but not morally from it.” [5]Hence, this argument, like the ones we have already covered in this series, is successful only if the unborn are not fully human.

Scott Klusendorf wrote the The Case for Life, which is the best book for beginners on the pro-life view. For those looking for advanced resources, Francis Beckwith, a professor at Baylor University, published the book Defending Life, with Cambridge University Press, 2007.

I found a very polished hour-long talk by Scott on Youtube. That talk was delivered to students and faculty at Furman University.

Finally, if you want to see Scott Klusendorf in a debate with a former ACLU executive, you can see it right here.

My friend Papa Georgio sent me a post that features THREE talks by Scott Klusendorf. (H/T Religio-Political Talk)

Learn about the pro-life case