Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, October 24, 2011

Michael Paulsen on Gender Selection Abortions

My colleague, Mike Paulsen, has posted a piece on the Public Discourse site, titled "It's a Girl."  Check  out the full article here.  Herewith a couple of excerpts:

Millions of women obtain abortions because they do not want baby girls.

It’s shocking, but incontrovertible. * * * In a recently published book, Unnatural Selection, journalist Mara Hvistendahl convincingly demonstrates that the overwhelming reason for the increasingly large demographic disparity in the male-female birth ratio is sex-selection abortion. Hvistendahl estimates the number of missing or dead now to be 160 million and counting. Women have abortions because (among other reasons) they are able to learn the sex of their unborn baby and kill her if she’s a girl.

* * *

Being confronted with a harsh reality can change the minds of persons who have thought about a question only in abstract, arid terms. It is possible, then, that even a pro-abortion Court, confronted with a law banning sex-selection abortion, might recognize and retreat from the consequences of its own prior decisions. Enacting sex-selection bans, even if contrary to Roe and Casey, just might lead the Court to begin charting a path away from Roe.

* * *

Not just pro-choice justices, but also pro-choice politicians need to be confronted with, and called to account for, the lethal logic and terrible consequences of their support of Roe. President Obama, and pro-choice members of Congress and state legislatures, should be put to a straightforward test: Do you support or oppose a right to abortion for reasons of sex-selection? Should a woman have a constitutional right to abortion because “it’s a girl”? There is no better litmus test issue over life, and there is no better time for pressing such a challenge than during an election year.

https://mirrorofjustice.blogs.com/mirrorofjustice/2011/10/michael-paulsen-on-gender-selection-abortions.html

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I just checked the law recently passed in Arizona prohibiting abortion for sex selection. I suspect the Pennsylvania, Oklahoma, and Illinois law are the same, but I have not found them. How can any legislator in the United States who claims to be morally serious pass a law forbidding abortion for sex-selection that does not in some way hold the mother accountable in at least *some* way? (Apparently some legislators pushed for this in Arizona, but they did not have enough support to get it in the bill.) I know the issue of the mother's legal responsibility is raised all the time, and I can give the standard "pro-life" answers myself. But I fail to see how they would plausibly apply in the case of an abortion for sex selection.

A woman could tell all her friends she was aborting because she didn't want a child of the sex she was carrying. She could publish it in the newspaper and say it on television. And as long as she managed to keep the abortionist from finding out, there would be no crime.

Posted by: David Nickol | Oct 24, 2011 7:45:37 PM

So David, do you favor a ban that has penalties for the mother or are you just looking for an excuse to keep sex-selection (and other) abortion legal?

Posted by: Dan | Oct 26, 2011 11:36:22 AM

Dan,

You say: "[D]o you favor a ban that has penalties for the mother or are you just looking for an excuse to keep sex-selection (and other) abortion legal?"

If there is to be a ban on abortion for sex selection, I favor punishment for the mother at least as severe as the punishment for the abortionist.

Posted by: David Nickol | Oct 29, 2011 5:21:40 PM