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March 31, 2011

Arizona bans race- and sex-based abortions

Story here.  A constitutional-law-teaching friend of mine once (mischievously?) wrote an examination that involved evaluating a federal ban (one that, the exam stated, relied on Congress's power to "enforce" the 14th amendment's equal-protection requirement).

It strikes me that the law will probably not reduce by very many the number of abortions in Arizona.  It does, however, I would think, have a symbolic / educational / pedagogical effect; it makes (some) people think about abortion differently, even though it will probably not limit any person's ability to obtain an abortion.

Posted by Rick Garnett on March 31, 2011 at 02:37 PM in Garnett, Rick | Permalink

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I understand that race, more so than gender, ignites debate, as with the billboards and statistics and so on. But I am perplexed as to how anyone thinks a particular abortion could be race-based? I understand that some parents prefer boys so strongly as to abort a daughter based on that. I understand how some mothers go along.

But a racist mom who dislikes her black baby? Huh? The racist mom had a black husband/father? And to what end? The gender-selectors hope the next one comes out "right." Not so for the mixed-race couple. They hope the next one is lighter?

I suppose it would take the confused, "partly racist" mom who does not mind interracial sex, but would not want a baby to result, so she aborts, but would be happy to have a kid with her next white boyfriend?

What am I missing? Again, I can see how others might be accused of promoting abortion based on race, for individual cases (disapproving (grand)parents) or overall.

(Also, I recognize that the hypothetical racism could run in any direction of black-white-Asian, but used the example that seems the target of the sponsors.)

Posted by: joe reader | Mar 31, 2011 5:06:17 PM

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