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THE LUKE SKYFREEPER ABORTION DOCTRINE
Luke Skyfreeper (vanity) | June 6, 2003 | Luke Skyfreeper

Posted on 06/06/2003 9:46:51 AM PDT by Luke Skyfreeper


Years go by, and the abortion struggle rages on.

I would like to suggest that the following doctrine is a basis for an uneasy resolution to the political conflict; one that may eventually come to be accepted by all.

Abortion should be legal, but only up to a certain date. We need to define, as best as we can, when we are dealing with a human being.

The current definition of the law afford NO recognition that a developing child is a human being until the moment that child leaves his or her mother's womb. Anyone who pays the faintest attention to what we know through medical science can readily recognize that, at full term, this is far, far too late.

If a developing child is old enough to survive outside of the womb, even with medical assistance, then it's a human being. Obviously.

If the developing child is old enough to feel pain, regardless of whether or not an anesthetic is administered, then it is developed enough to be a human being, and destroying the said developing child must be illegal.

Practically, this means that for humane reasons, all abortions after a certain date (somewhere between 8 and 24 weeks) should be made illegal. This is only humane, and even 8 weeks would allow more than a month for decision making and getting an abortion appointment (although I suspect that a medical consensus would put the development of pain later than that).

The vast majority of abortions already take place before 24 weeks now. However, it is currently legal to destroy developing children at any stage of development, as long as at least part of the child is still inside the mother's body.

I believe this is the basis of the solution to the abortion problem. Part B is that accurate information must be provided to women considering an abortion. Potential adverse effects must be covered, and other options, including adoption, must be adequately presented. A waiting period may also be appropriate.

None of these takes away choice. The choice is still there whether to have a baby or have an abortion.

One can therefore be pro-choice and pro-life at the same time.

I also argue for use of the term "developing child" (which is intuitive, completely accurate and fully descriptive) rather than use of the term "fetus."

Political wars are won and lost on the choice of words.




TOPICS: Culture/Society; Editorial
KEYWORDS: abortion
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To: Luke Skyfreeper; MHGinTN; All
You're quite welcome. I think it bears repeating in this day and age. In 1970 the federal bench had not yet fully succumbed to the lies of the left. They knew that life began at conception and they did not shy away from their duty to the constitution of defending the person waiting to be born.

I've thought of this another way--Abortion is the worst form of age discrimination.

Pictures can teach MORE than a thousand words.

Students can be shown two pictures like above. The teacher can simply explain that they are both of the same person; the first one was taken around New Years day, and the second around the following Christmas. Since it is a scientific fact that life begins at conception it is therefore obvious that the person had his or her start at conception.

521 posted on 06/11/2003 10:31:18 PM PDT by cpforlife.org (“My people are destroyed from lack of knowledge.” Hosea 4:6)
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To: cpforlife.org
I believe that should read 'Steinberg' v Brown, Kevin, if I'm recalling Remedy's e-mail.
522 posted on 06/11/2003 10:32:21 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote Life Support for others.)
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To: MHGinTN
You are correct, sir. I forgot to change the original. Good eye. BTW - did you ever find the entire case? I gave up looking.
523 posted on 06/11/2003 10:43:22 PM PDT by cpforlife.org (“My people are destroyed from lack of knowledge.” Hosea 4:6)
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To: cpforlife.org
Nope. Remedy sent a long excerpt from the majority opinion, but I haven't gotten around to contacting the Ohio address.
524 posted on 06/11/2003 10:50:46 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote Life Support for others.)
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To: Luke Skyfreeper
Yes, and I think your "political practicality will stop the most suffering" argument will win a lot more converts than my appeal to emotion. For one thing, the pro-life libertarians absolutely reject any use of emotion in making moral decisions. Other conservatives argue that the use of emotional appeals (images of abortion slaughter) can "backfire". I would reply that a society that closes its eyes can allow any form of evil. Another argument against emotion is that it is inexact ("subjective") and can be abused. I agree but I believe despite that flaw that emotion has been used for the basis for all moral decisions since the beginning of history with all other systems of morality just tagging along for the ride.
525 posted on 06/12/2003 4:42:49 AM PDT by palmer (Hitch your wagon to a star, and fill it with phlegm)
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To: MHGinTN
Here's a clue: you characterized my comments (posing embryonic actions to survive) as 'presumably conscious'; that is your assumption, not my assertion, and to pose your response that way is an effort (whether you realize it or not) to construct a strawman ... a strawman you would like to have me defending in order to confuse the issue

I made NO effort to construct a strawman. I merely made an effort to understand what you were saying, by mirroring back to you what I heard.

Your anger doesn't concern me.

Fine. It's clear you have no desire to carry on a real and meaningful conversation, and you have zero concern about how you treat others who are doing you the honor of trying to understand what you are saying. My conversation with you is finished.

526 posted on 06/12/2003 5:42:20 AM PDT by Luke Skyfreeper
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To: palmer
Yes, and I think your "political practicality will stop the most suffering" argument will win a lot more converts than my appeal to emotion. For one thing, the pro-life libertarians absolutely reject any use of emotion in making moral decisions.

I think your posts are very important, and emotion and reasoning go hand in hand. It's not one or the other, it's both. Some people make decisions by thinking, others by emotion. Both approaches are required and are complementary.

I was thinking this morning that another way of stating my position is: it's time for pro-lifers to stop justifying late-term abortions by seeking to ban all abortion.

527 posted on 06/12/2003 5:47:06 AM PDT by Luke Skyfreeper
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To: Luke Skyfreeper
Your position, as I understand it, is that if an issue has a complicated solution, that solution cannot be the right one.

You've almost got it, but not exactly.

I'm not saying a complicated solution can't be the right one. I am saying that, very often, the simplest explanations are the right ones. Scientists love to find elegantly simple explanations. They search for them everywhere.

It just might be true that some people, who have a driving need to justify abortion, might be purposely complicating things in order to try obscure the reality that a fetus is a a small, helpless human person.

Pro-aborts turn science upside down, starting with a conclusion, digging up factoids to support their conclusion, ridiculing people who look at the situation with open eyes.

Pro-aborts' explanations are like most Rube Goldberg style inventions -- fun to devise, interesting to consider, but not very representative of the real world.

528 posted on 06/12/2003 6:53:44 AM PDT by syriacus (Why DO liberals keep describing one other as THOUGHTFUL individuals?)
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To: Luke Skyfreeper
Some people make decisions by thinking, others by emotion. Both approaches are required and are complementary.

And the twin possibilities of thinking or emoting (in the future) are forever denied to human pre-borns who are arbitrarily selected for killing.

Maybe they should be allowed to live, so they can be able to make their own decisions about their own lives.

529 posted on 06/12/2003 7:04:45 AM PDT by syriacus (Why DO liberals keep describing one other as THOUGHTFUL individuals?)
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To: Luke Skyfreeper; palmer
It is not legally permissible (or ultimately, practically doable) for pro-lifers to use the law of the United States to force those who differ with them to behave as if they share their beliefs -- although pro-lifers are free to use any and all other legal means to persuade others not to choose abortion, and to make other alternatives to abortion (such as adoption) as easy as possible, so that they will be widely used.

It is not legally permissible.... because of an arbitrary federal ruling based on bad law in a case which was brought by deceitful people who (mis)used a person to promote their own agenda.

(or ultimately, practically doable)......What if the majority in Roe v. Wade had gone the other way? If the Court had allowed the pre-1970's restrictions on abortion to stand, would those restrictions be doable today? They were doable back then.

Since there was such intense disagreement on the moment that humanness begins, perhaps the Supreme Court should not have gotten involved by making a divided and legally weird decision for the whole country.

How about state laws or community laws restricting abortion? Do you think they could be more doable? Some communities would rather not "host" an abortion clinic.

You and Palmer have put your fingers on a potential, stop-gap, solution by stressing the importance of the disagreement people have about the "moment" humanness begins.

Let's start by letting local communities decide whether abortion should be restricted in their jurisdictions.

That should be doable. (Wasn't it that way in the past?)

Instead of having disagreement seem like an insurmountable problem, let the disagreement be part of the solution.

But, I'm still not sure that "doability" should be a consideration....Lots of people used to say that defending the civil rights of minorities was "undoable."

530 posted on 06/12/2003 7:55:07 AM PDT by syriacus (Why DO liberals keep describing one other as THOUGHTFUL individuals?)
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To: palmer
I agree a human should not be killed, but I can't agree to any punishment for the perpetrator.

Punishment is not always given to people who kill. For example, it might not be given in cases of murder in self-defense or justifiable homicide.

But even in instances of unpunished homicide, we don't twist the truth and try to justify the killing by saying the victim was not a human.

Don't you think we could start out by saying that an abortion kills a human, not a blob of undifferentiated tissue?

But, of course, pro-aborts, who were the originators of the "undifferentiated blob" theory, don't want anyone to say that a human dies. They don't want people to "feel guilty" about ending someone's life.

531 posted on 06/12/2003 8:17:47 AM PDT by syriacus (Why DO liberals keep describing one other as THOUGHTFUL individuals?)
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To: syriacus
Roe is a legally indefensible opinion - even most liberal law professors will admit as much in a candid moment. It's based on an expansive right to privacy that just isn't in the Constitution. The opinion claims to find this right in the "penumbra" of the Bill of Rights, meaning in a shadow, not in the text.

Abortion is one of the many, many policy issues that the Constitution leaves to the elected representatives of the people in the States to resolve. Overruling Roe would not make abortion illegal - it would simply put the decision back in the hands of the people the Constitution intended would make such decisions.

532 posted on 06/12/2003 9:13:15 AM PDT by colorado tanker
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To: syriacus
There is an argument, used by those wishing to define the class of humans to be disposable, that the transition from embryo to fetus is an acceptable stopping point for abortion on demand ... prior to the 'fetal stage' the woman has exclusive right to determine which embryos will live and receive a woman's life support and which will be disposed of for whatever reasont he woman chooses to cite. Allow me to address that notion.

First, it is scientifically impossible to discover a precise point when the individual alive being transitions from 'only' embryonic to 'fully fetal in nature. Because that topic is deeply dependent on not so easily explained scientific facts, allow me to move to the next objection to such an arbitrary asignment of value.

It is generally because of the organs being present in the embryo that the arbitrary assignment of fetus is made. Prior to the 'fetal age' of the individual life, the organs necessary for survival as a 'fully functional human being' are not present but are being built by the embryo and looped into the primitive brain, the brain stem. If this is what will be chosen to define an alive individual human being (at the earliest fetal age), it is important to note that the first organ built by the newly conceived individual is cast off at birth! The placenta is the first organ necessary for the survival of the human organism. This organ is so important that even at in vitro fertilization clinics, the technician/physician will not seek to implant an embryo conceived in apetri dish until the organ is already surrounding and protecting the embryonic life. It is the organ of placenta that sends the chemical signals to the woman's uterine lining that initiate implantation and thus further life support from the woman's body. That is why the choice of fetal age is so arbitrary in the false assertion that fetuses should be protected while embryos should not (should not, based on the specious notion of an integrated whole organism functioning for survival and growth and development only when the fetal age, with the organ structures for future survival are in situ, is reached).

In science, it is most often the simplest solution that is the most elegant solution to a problem. Since the embryo builds its own survival capsule (the palcenta) to allow it to have shelter and nourishment, it is elegantly factual to assert that the embryo is an alive, integrated whole for that age of its lifetime begun at conception. The embryo is no less an individual human being with at least one functioning organ that allows the integrated whole to survive into the future ages of the lifetime already 'up and running'.

533 posted on 06/12/2003 11:22:22 AM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote Life Support for others.)
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To: Coleus; Polycarp; cpforlife.org; Mr. Silverback; rhema
^ above to syriacus
534 posted on 06/12/2003 11:48:34 AM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote Life Support for others.)
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To: A-teamMom
Ping
535 posted on 06/12/2003 11:50:01 AM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote Life Support for others.)
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To: MHGinTN
yes, people use rhetoric and semantics to try to argue the facts but the very simple and rudimentary point is this:

ALL blasts grow into human babies (not fish or birds) because at conception a human being is created.
End.

Mitosis and human development starts once the sperm breaks through the corona radiata at conception where the 2 haploid, 23 chromosome, gametes from the male and female come together to create a new life. A few hours after conception the ovum splits into two. How did it do that? The DNA of the new person, not the female mother, is making it grow.

http://www.prolifeinfo.org/upl39.html

http://www.nrlc.org/abortion/wdlb/wdlb.html
536 posted on 06/12/2003 12:19:27 PM PDT by Coleus (God is Pro Life and Straight http://www.freerepublic.com/perl/notify?detach=1)
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To: Coleus
^
537 posted on 06/12/2003 1:00:25 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote Life Support for others.)
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To: Luke Skyfreeper
I shall quote you:

    "Abortion should be legal, but only up to a certain date. We need to define, as best as we can, when we are dealing with a human being." ...[And I've addressed your incorrect assertion as to when 'we are dealing with a 'human being' with each post I've made. Yes, I do fathom your argument and have read your posts.]

    "The current definition of the law afford NO recognition that a developing child is a human being until the moment that child leaves his or her mother's womb.' ...[A completely false assertion on your part, completely unsubstantiated. I and others have called your attention to the fact of fetal homicide laws, which would not be homicide laws without a human being as the victim of the crime, so the fact of law recognizing the unborn as human beings counters your founding assertions. ] "Anyone who pays the faintest attention to what we know through medical science can readily recognize that, at full term, this is far, far too late." ...[The most accurate assertion you make int he entire thread!]

    "If a developing child is old enough to survive outside of the womb, even with medical assistance, then it's a human being. Obviously." ... [And just why do you make this comment when the child in the womb survives without medical assistance? We shall shortly see why ...]

    "If the developing child is old enough to feel pain, regardless of whether or not an anesthetic is administered, then it is developed enough to be a human being, and destroying the said developing child must be illegal." ...[With this assertion, you start to try and establish the higher brain function as the basis for your arbitrary assignment of 'human being'. The meaning of the death protocol used with organ harvesting of older individual embryonic human beings counters your underlying assertion of higher brain function establishing 'humanness'. ]

    "Practically, this means that for humane reasons, all abortions after a certain date (somewhere between 8 and 24 weeks) should be made illegal. This is only humane, and even 8 weeks would allow more than a month for decision making and getting an abortion appointment (although I suspect that a medical consensus would put the development of pain later than that)." ...[Standing up the notion of 'humane' as a menas to ignore the humanity of the preborn is an amazing mental gymanstic. And you go on from that false assumption/assertion to defend dehumanizing any individual human prior to the arbitrary assignment of humanity. That is what I've addressed and what you get angry over. Try reading the science behind what many have offered to counter your arbitrary assignation of 'a human being.']

538 posted on 06/12/2003 1:23:12 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote Life Support for others.)
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To: MHGinTN
Since the embryo builds its own survival capsule (the placenta) to allow it to have shelter and nourishment, it is elegantly factual to assert that the embryo is an alive, integrated whole for that age of its lifetime begun at conception. The embryo is no less an individual human being with at least one functioning organ that allows the integrated whole to survive into the future ages of the lifetime already 'up and running'.

Good point....

Since the embryonic individual has a placenta, that individual doesn't require the organs which will eventually develop.

539 posted on 06/12/2003 5:01:31 PM PDT by syriacus (Why DO liberals keep describing one other as THOUGHTFUL individuals?)
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To: syriacus
I'm not saying a complicated solution can't be the right one. I am saying that, very often, the simplest explanations are the right ones. Scientists love to find elegantly simple explanations. They search for them everywhere.

It just might be true that some people, who have a driving need to justify abortion, might be purposely complicating things in order to try obscure the reality that a fetus is a a small, helpless human person.

Pro-aborts turn science upside down, starting with a conclusion, digging up factoids to support their conclusion, ridiculing people who look at the situation with open eyes.

I really can't argue with any of that.

540 posted on 06/12/2003 5:13:03 PM PDT by Luke Skyfreeper
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