Commenter “OBloody Proofreader Hell” writes:
I think many, if not most, here, tend to be anti-abortion, while I take a much more middling approach, as I do not believe it is possible to defend anti-abortion without a referral to religion, and as such it should not be Law. It is also a reasonable assertion that at least 1/3rd or more of the populace is pro-Choice. And again, with that much opposition, it should not be a matter of Law.
Things which are made Law should match a general agreement of the people, ca. 90% or more supporting, which is one reason for the historical “Jury Nullification” standard, as that produces much the same defacto metric of support.
Abortion is a very heated issue almost guaranteed to spark intense responses. I’ve written on the subject many times, and I’ll add here that although I disagree with some of the arguments that OBloody advances, I find them interesting enough to devote a post and discussion to them.
(1) Is it possible to advance an argument against abortion that isn’t couched in religious terms? I believe it is. For example, now that ultrasound images of a fetus are highly detailed, one can certainly argue on scientific grounds that this is a small human life. Or, one can argue the same on general philosophical grounds without ever invoking religion. The fact that each argument is in league with religion (or some religions) doesn’t mean it’s a religious argument, although of course religious arguments against abortion are also commonly made.
(2) And it is extremely possible to advance an anti-abortion argument that is not religious if the abortion prohibition is only after a date that arguably can be said to constitute viability of the child outside the womb. Over the years, that date has been pushed back and back and back, until now it consists of something like 24 weeks (although younger babies have survived, and I have little doubt that the number of weeks for this metric will further decline over time).
(3) The ideas that laws must be made with the agreement of 90% of the people is certainly not the way law has been regarded traditionally, and it certainly is not mounted for other types of laws. Roe was a SCOTUS decision, which even many of its proponents agree was not based on anything in the Constitution but on extrapolations from some idea of privacy that was never articulated in that document. Prior to Roe and its nationalization of a right to abortion, states had the right to legalize abortion and quite a few already had done so. If it had been left to the states, my sense is that it would probably have been legalized in more of them – through legislative action, which is more responsive to the will of the people in each state – with different laws governing in different states as to the details. If a national prohibition on abortion was passed it should have been done so through an amendment to the Constitution, a process that would have assured pretty high majority approval – although not 90%, an unrealistic standard. And likewise if a national right to abortion was passed, it should have been done in the same way – by constitutional amendment.
