Some years ago, Alabama led the way by passing the most restrictive anti-abortion law of the time, one that forbid abortion even in cases of rape and incest. After Roe v Wade was overthrown, other states rushed to implement anti-abortion laws. Proponents of such laws, such as Alabama governor Kay Ivey, claim that their motivation is to protect life. As the governor said, “to the bill’s many supporters, this legislation stands as a powerful testament to Alabamians’ deeply held belief that every life is precious and that every life is a sacred gift from God.” Some who opposed the bill claimed that it was not about protecting life but about restricting women’s reproductive rights. While we can never know what other people think and feel, it is sensible to look at the evidence when determining likely motivations and intentions. As always, it is rational to judge the function of something by what it does, rather than what people say it is intended to do.
In the case of the abortion law, the claim was that Alabamians believe that every life is a precious and sacred gift from God. This is certainly consistent with wanting to reduce the number of abortions. But do Alabamian politicians and authorities hold to this view? A sensible test is to see if they consistently apply this principle in their legislation and actions throughout the state.
Coincidentally, as the governor of Alabama was signing the law because of her deep belief that life is a precious, sacred gift a story broke that Alabama’s prison conditions are so awful as to be unconstitutional. If Alabamians believe that every life is a precious, sacred gift then they would presumably not permit the sacred lives in their prisons to endure such unconstitutional treatment.
An obvious objection is to argue that while all lives are precious, sacred gifts, some lives are more precious and sacred than others. While fetuses are innocent, prisoners have been found guilty of something and hence deserve to be punished. As such, having horrible prisons is consistent with the view that life is a precious, sacred gift.
This has some appeal. Even if life is precious, morality still permits people to be treated differently based on their actions. As such, one can hold that life is precious, but some life must be locked up. However, there is still a problem. If life is a precious, sacred gift, then even the worst people are still precious, sacred gifts and deserve decent treatment. Moral and legal limits of punishment are, of course, recognized by the constitution and Alabama’s failure to act on this casts doubts on their devotion to the professed principle that each life is a precious, sacred gift.
But one could still argue that criminals earn their abuse by being bad and hence Alabama is acting consistently by having terrible prisons and a strict anti-abortion law at the same time. But if Alabamans have this devotion to life, one expects that it would manifest in excellent maternal and infant health. If your doctor said she saw you as a precious, sacred gift and would do anything to protect life, you would expect her to act on that. You would no doubt be shocked if she proved negligent in her medical responsibilities and you ended up being needlessly ill.
Given the professed view that Alabamans regard life as a precious, sacred gift, one would be shocked to learn that Alabama does poorly when it comes to maternal and infant health. Alabama is tied for 4th worst in the United States, with 7.4 deaths per 1,000 live births. While it might be argued that this is due to factors beyond their control, there is a consistent correlation between strong anti-abortion laws and poor maternal and infant health. While correlation is not causation, the reason for this correlation is clear: the state governments that enact the strictest anti-abortion laws also show, via public policies, the least concern for maternal and infant health. This is inconsistent with the professed principle that life is a precious, sacred gift. It is also inconsistent with the professed motivation for anti-abortion laws: to protect the life of children. It is, however, consistent with the hypothesis that anti-abortion laws are motivated by misogynistic principles. After all, if legislators pass anti-abortion laws because of hostility towards women’s reproductive freedom and wellbeing, then one would also expect them to also neglect maternal and infant health in their other policies. On the face of it, this is the better explanation. The function of state policy is to ban abortion and increase infant and maternal mortality; it is what it does.
It could be argued that Alabaman leaders do hold to the life is a precious, sacred gift principle, they are just bad at consistently applying it. So, it is applied to abortion but not to maternal and infant health or to prisoners. Failing to apply one’s professed principles consistently is a common human failing and could explain how anti-abortion leaders fail to apply their professed pro-life principles to infant and maternal health care. So, one could argue that the Alabaman legislators have a good principle, but they do not apply it consistently, despite their professed devotion to it and the effort they put in applying it in the case of abortion.
But a better explanation is that the Alabaman legislature and governor do not hold to their professed principle. Their actual principle is one that is hostile to women and perhaps to the less powerful in general. This principle is consistent with the state of Alabama prisons and the state of maternal and infant health care. If they do hold to their professed principle, they are incredibly inconsistent in their application, which is morally problematic as well. But the simplest explanation is that they are lying when they profess to believe that life is a sacred, precious gift.
Sweeping generalization, #3: inference does not=consistency. Alternatively, it does not work the other way ’round. Further, I wade deeper into the piranha pond, to wit: inference does not=consistency, nor, reality/truth, UNLESS the reality is the contextual kind I have previously mentioned. Contextual realists are not interested in truth, unless it comports/conforms with their claim that, get ready: *reality (or truth), is whatever the hell I/we say it is*. Anything contrary is, by association, peripheral. Not only does inference not=consistency, neither can it=truth, unless/until it can be demonstrated, through clear and convincing evidence, that the inference was right, a priori. By then, we have gotten somewhere. Maybe. If, and only if, I can respect my administrative law experience. I won’t, will not, condition thinking on premise, followed by logical conclusion. Things are far more complicated than Archimedes. Or, Plato. Wild Card reality is mostly where/how we live. To adopt, and, adapt is from old thinking. Applications follow custom and tradition. RIP, Francis…
There are obvious inconsistencies in many laws, local; state; and federal. That is easily recognizable, if one has time and other resources. Those who live in places that have distasteful or otherwise objectionable statutes may consider leaving, if THEY have sufficient resources to do so. The United States are, in many ways, un-united. Those of us who bother thinking about that are abundantly aware. Abortion is, has, and will be a divisive issue, probably moreso that anything else subject to legislation. I think there are those who strongly object to the death penalty, although I doubt there are so many. I won’t offer a sweeping generalization on overall positions on abortion. I will hold, as I think many recognize, that folks having deeply held conservative values are more likely to reject and oppose abortion. OK, maybe that WAS a sweeping generalization? No, I have not conducted research, nor do I plan to write a book. Demographers may
agree or disagree. That is their prerogative as professionals. So, and in summary, it is difficult to design consistent application of abortion law(s). The object of such law is too intractable, on its’ face: you can’t make everyone happy. Did I write, difficult? How about impossible?