Tag Archives: Law

News

Law professor uses same-sex marriage law to argue for legalizing polygamy

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From the Los Angeles Times.

Excerpt:

Jonathan Turley is probably not the most popular man right now with supporters of same-sex marriage. The George Washington University law professor has filed a suit challenging the constitutionality of Utah’s anti-polygamy laws — and his argument is based on a landmark 2003 Supreme Court gay rights decision. That’s not good news in the view of most gay rights supporters, who don’t want their cause linked to that of polygamists any more than they want to see parallels drawn with people who engage in incest, bestiality and other taboo sexual practices.

The Utah case involves Kody Brown, his legal wife, Meri Brown, and three other “sister wives.” It’s not actually about marriage, and it doesn’t challenge the right of the state to refuse to issue wedding licenses to polygamous families. The Browns are in court because they fear they will be prosecuted.

The 2003 gay rights case, Lawrence vs. Texas, was also a criminal matter unrelated to same-sex marriage. The court overturned the conviction of two men found to have violated a state law against same-sex sodomy. But in reaching that conclusion, Justice Anthony M. Kennedy offered a paean to intimate relationships defined by sexuality that easily can be transferred to the context of same-sex marriage, and potentially to polygamous marriages as well:

“The case does involve two adults who, with full and mutual consent from each other, engaged in sexual practices common to a homosexual lifestyle. The petitioners are entitled to respect for their private lives. The state cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the [Constitution’s] due process clause gives them the full right to engage in their conduct without intervention of the government.”

Kennedy emphasized in Lawrence that same-sex marriage wasn’t before the court. Similarly, in an interview with the New York Times, Turley suggested that decriminalizing polygamy will not inevitably lead to a movement for polygamous marriage.

This is what happens every time with liberal social policies like no-fault divorce, etc. First, offended victims of the mean, judgmental Christians are trotted out and sobbed over. Second, we are assured that de-criminalizing behaviors that the mean, judgmental Christians oppose will not hurt anyone. Third, Christians themselves abandon morality and support decriminalizing the behaviors because they they are more concerned about the sob stories of the “victims” than assessing the consequences of policy/law changes. Fourth, the predictable consequences of normalizing the behaviors are labeled as “unexpected” and require higher taxes and social programs to “fix”. It all starts with people who just don’t want to be told “no” – they just don’t like moral boundaries. And they don’t care who is harmed.

Polemics

A secular case against abortion rights

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Unborn baby scheming about being only two months old
Unborn baby scheming about being only two months old

Note: this post has a twin! Its companion post on a secular case against gay marriage is here.

Now, you may think that the view that the unborn deserve protection during pregnancy is something that you either take on faith or not. But I want to explain how you can make a case for the right to life of the unborn, just by using reason and evidence.

To defend the pro-life position, I think you need to sustain 3 arguments:

  1. The unborn is a living being with human DNA, and is therefore human.
  2. There is no morally-relevant difference between an unborn baby, and one already born.
  3. None of the justifications given for terminating an unborn baby are morally adequate.

Now, the pro-abortion debater may object to point 1, perhaps by claiming that the unborn baby is either not living, or not human, or not distinct from the mother.

Defending point 1: Well, it is pretty obvious that the unborn child is not inanimate matter. It is definitely living and growing through all 9 months of pregnancy. (Click here for a video that shows what a baby looks like through all 9 months of pregnancy). Since it has human DNA, that makes it a human. And its DNA is different from either its mother or father, so it clearly not just a tissue growth of the father or the mother. More on this point at Christian Cadre, here. An unborn child cannot be the woman’s own body, because then the woman would have four arms, four legs, two heads, four eyes and two different DNA signatures. When you have two different human DNA signatures, you have two different humans.

Secondly, the pro-abortion debater may try to identify a characteristic of the unborn that is not yet present or developed while it is still in the womb, and then argue that because the unborn does not have that characteristic, it does not deserve the protection of the law.

Defending point 2: You need to show that the unborn are not different from the already-born in any meaningful way. The main differences between them are: size, level of development, environment and degree of dependence. Once these characteristics are identified, you can explain that none of these differences provide moral justification for terminating a life. For example, babies inside and outside the womb have the same value, because location does not change a human’s intrinsic value. More at Stand to Reason, here.

Additionally, the pro-abortion debater may try to identify a characteristic of the already-born that is not yet present or developed in the unborn, and then argue that because the unborn does not have that characteristic, that it does not deserve protection, (e.g. – sentience). Most of the these objections that you may encounter are refuted in this essay by Francis Beckwith. Usually these objections fall apart because they assume the thing they are trying to prove, namely, that the unborn deserves less protection than the already born.

Finally, the pro-abortion debater may conceded your points 1 and 2, and admit that the unborn is fully human. But they may then try to provide a moral justification for terminating the life of the unborn, regardless.

Defending point 3: I fully grant that it is sometimes justifiable to terminate an innocent human life, if there is a moral justification. One of the best known justifications is Judith Jarvis Thomson’s “violinist” argument. This argument is summarized by Paul Manata, one of the experts over at Triablogue:

Briefly, this argument goes like this: Say a world-famous violinist developed a fatal kidney ailment and the Society of Music Lovers found that only you had the right blood-type to help. So, they therefore have you kidnapped and then attach you to the violinist’s circulatory system so that your kidneys can be used to extract the poison from his. To unplug yourself from the violinist would be to kill him; therefore, pro-lifers would say a person has to stay attached against her will to the violinist for 9 months. Thompson says that it would be morally virtuous to stay plugged-in. But she asks, “Do you have to?” She appeals to our intuitions and answers, “No.”

Manata then goes on to defeat Thomson’s proposal here, with a short, memorable illustration, which I highly recommend that you check out. More info on how to respond to similar arguments is here.

The best book for beginners on the pro-life view is this book:

For those looking for advanced resources, Francis Beckwith, a professor at Baylor University, published the book Defending Life, with Cambridge University Press, 2007.

Learn about the pro-life case

And some posts motivating Christians and conservatives to take abortion seriously:

News

If you favor abortions, then you favor sex-selection abortions

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Unborn baby scheming about banning sex-selection abortions
Unborn baby scheming about banning sex-selection abortions

This article from the Wall Street Journal discusses the unintended consequencs of sex-selection abortions. (H/T Joy McCann)

Excerpt:

Mara Hvistendahl is worried about girls. Not in any political, moral or cultural sense but as an existential matter. She is right to be. In China, India and numerous other countries (both developing and developed), there are many more men than women, the result of systematic campaigns against baby girls. In “Unnatural Selection,” Ms. Hvistendahl reports on this gender imbalance: what it is, how it came to be and what it means for the future.

In nature, 105 boys are born for every 100 girls. This ratio is biologically ironclad. Between 104 and 106 is the normal range, and that’s as far as the natural window goes. Any other number is the result of unnatural events.

Yet today in India there are 112 boys born for every 100 girls. In China, the number is 121—though plenty of Chinese towns are over the 150 mark. China’s and India’s populations are mammoth enough that their outlying sex ratios have skewed the global average to a biologically impossible 107. But the imbalance is not only in Asia. Azerbaijan stands at 115, Georgia at 118 and Armenia at 120.

What is causing the skewed ratio: abortion. If the male number in the sex ratio is above 106, it means that couples are having abortions when they find out the mother is carrying a girl. By Ms. Hvistendahl’s counting, there have been so many sex-selective abortions in the past three decades that 163 million girls, who by biological averages should have been born, are missing from the world. Moral horror aside, this is likely to be of very large consequence.

In the mid-1970s, amniocentesis, which reveals the sex of a baby in utero, became available in developing countries. Originally meant to test for fetal abnormalities, by the 1980s it was known as the “sex test” in India and other places where parents put a premium on sons. When amnio was replaced by the cheaper and less invasive ultrasound, it meant that most couples who wanted a baby boy could know ahead of time if they were going to have one and, if they were not, do something about it. “Better 500 rupees now than 5,000 later,” reads one ad put out by an Indian clinic, a reference to the price of a sex test versus the cost of a dowry.

[…]Ms. Hvistendahl argues that such imbalances are portents of Very Bad Things to come. “Historically, societies in which men substantially outnumber women are not nice places to live,” she writes. “Often they are unstable. Sometimes they are violent.”

[…]There is indeed compelling evidence of a link between sex ratios and violence. High sex ratios mean that a society is going to have “surplus men”—that is, men with no hope of marrying because there are not enough women. Such men accumulate in the lower classes, where risks of violence are already elevated. And unmarried men with limited incomes tend to make trouble. In Chinese provinces where the sex ratio has spiked, a crime wave has followed. Today in India, the best predictor of violence and crime for any given area is not income but sex ratio.

I think that it is a good idea, when talking to someone who is female and pro-abortion, to them about sex-selection abortions. It seems to me that it is impossible for someone who is pro-abortion to make a principled argument against aborting unborn children just because they are women. If abortion is morally permissible, then sex-selection abortions are morally permissible. After all, it’s the born woman’s body – it’s her choice. Right? Well, maybe not right. Maybe we need to think about this some more.

Note that the Republicans have been trying to ban sex-selection abortions in some states – but the Democrats are opposing them. Democrats favor sex-selection abortions – and in very liberal countries, they are openly permitted.

Learn about the pro-life case