Unrequested tone policing on abortion rhetoric

Framing is important.

The Republicans know this, which is why they frame their attack on women’s rights as “pro-life”. If we tacitly accept this, then it follows that anyone who questions them is automatically “anti-life”, which is a pretty self-evidently bad stance to take.

Democrats sort of know this, which is why we instead frame the issue in terms of being “pro-choice”, correctly relegating the opposition to “anti-choice”.

Some people didn’t get the message, though, so they call the anti-choicers “anti-abortion”. This framing sets pro-choicers up as “pro-abortion”, which is a stance that nobody actually holds.

Nobody wants there to be more abortions. Abortion is sometimes the best available option, but that just makes it the least of evils, not somehow good. This is why we support comprehensive sexual education and access to all forms of birth control (of which abortion is the last resort).

Abortion is akin to amputation: it’s a lifesaving medical procedure that doctors must be allowed to perform, but we’d rather have fewer instances where it’s needed. If people were involuntarily growing additional limbs, we’d want to be able to remove them, but it would be even better if we could prevent this from happening in the first place.

In this sense, pro-choicers are anti-abortion, but our enlightened approach is to lower the demand for it by reducing unwanted pregnancies, as opposed to interfering with the supply. The anti-choicers are supply-side anti-abortionists, which is as cruel and ineffective as supply-side economics.

So, in an ideal world, all pregnancies would be planned and desired, and abortion would only occur in the rare, tragic cases of circumstances interfering. This is the honest framing behind Planned Parenthood: people should have the ability to choose if and when they become parents. Sex should not entail the risk of involuntary parenthood: that would be cruel to parent and child alike.

This is the core issue: People have the right to autonomy over their own bodies, the right to make reproductive decisions for themselves. That means the right to avoid pregnancy, as well as the right to terminate a pregnancy as early as possible instead of carrying it to term.

In the wake of Dobbs, draconian abortion restrictions have sprung up in all the usual places, and much of the pro-choice activism has focused on the horrific (but entirely foreseeable) medical consequences, with infant and maternal mortality sharply on the rise. You might think that focusing on the worst consequences would make the best argument, but that turns out not to be the case. I’ll explain why.

Let’s take a step back and look at some of the unspoken assumptions behind this issue. Anti-choicers like to claim that abortion is murder, but they don’t really mean it, and we can see that through their inaction.

Think for a moment about what you would do if you found out that a nearby clinic was gleefully bashing in the heads of perfectly healthy newborns against the rocks. Right: you’d go in there and stop it, laws be damned. And you wouldn’t go alone. You’d be at the head of a large mob that included all the cops, too. No such baby-killing clinic would survive its opening day and no law allowing infanticide could pass in the first place.

That’s not what happens with abortion, though. It’s still broadly legal, even where it’s restricted, and while there are cases where some lunatic shoots a doctor or bombs a clinic, these are rare enough to be newsworthy. The fact that anti-choicers don’t react to abortion as they would to infanticide shows that the “baby-killer” slur is a lie. But it’s a lie that serves a purpose: more on this later.

The other way we know they don’t mean it is that the majority of anti-choicers are willing to make an exception for rape. While this stance is less extreme, it’s also incompatible with the idea that abortion is somehow comparable to murder. We wouldn’t ever say, “well, yes, you’re murdering an innocent, but we’ll give you a pass because you were a victim of violent crime”.

There is only one way it makes sense: if you recognize that abortion isn’t murder, but see pregnancy as the rightful punishment for choosing to have sex. In that case, those who were forced get a free pass, while the “loose” women don’t. This is the unspoken assumption at the core of anti-choice: women who enjoy sex deserve to suffer for it, deserve all of the negative consequences.

Anti-choice is not rooted in a love of babies, but rather the hatred of women. As strange as it might sound, this applies equally to anti-choice women. They are female misogynists. So how do you get someone to eagerly participate in their own oppression? By teaching them that doing so makes them better than someone else.

Right-wing women are indoctrinated from childhood to accept a Madonna–whore dichotomy in which women are seen as either morally-pure mothers or filthy sluts who want to have sex for pleasure. So when a woman winds up with an unwanted pregnancy, they are victim-blamed and called “baby-killers”, allowing proper women to feel good about themselves.

This is parallel to the strategy of getting poor whites to attack poor Black people instead of seeing them as natural allies against economic oppression. Anti-choice women are akin to racist white trash or pre-Civil War Copperheads.

Since the core of anti-choice is misogyny, we have to keep that front and center. But if we focus on the worst consequences—illness and death—then we allow them to frame the issue. Consider all of the recent articles about the fate of married women who wanted to get pregnant but then had a medical catastrophe, such as an unviable fetus. By primarily talking about these cases, we’re buying into their unstated premise.

We’re essentially saying: “Look at Mrs. Smith here. She’s no slut; she intentionally got pregnant with her husband’s baby. It’s not her fault the baby would be born without a brain. There’s no need to punish this woman; she’s one of the good ones. Punish the others! Punish those whores!!!”

At this point, you might want to insist that this isn’t how you meant it, that it’s not what you intended to say. Sure, but that’s how it’ll be heard. When we retreat to defending only those women who have nonviable or dangerous pregnancies, we are abandoning all the ones whose pregnancy is “just” unwanted. Instead of arguing for choice, we’re conceding that they’re right but begging them to be a little bit more merciful in the way they strip away our autonomy.

And this begging won’t work because it turns out that that the cruelty is the point. Anti-choice laws are supposed to hurt women: being forced to have a baby is harmful in itself and is more dangerous than abortion. The fact that these laws kill a few in the process is just par for the course. That’s why, for example, talking about the harm that comes to women who have unsafe abortions out of desperation doesn’t have any impact.

The anti-choicers want women who try to abort their unwanted pregnancies to suffer and die as punishment for daring to choose for themselves. There’s no benefit to harping on the cruelty when it’s exactly what they were hoping for; you’re just making them happier. You can’t threaten them with a good time.

Let me get to the conclusion. In medical terminology, abortions can either be therapeutic or elective. Those nightmare cases are all about therapeutic abortion, which occurs because of medical need. But the overwhelming majority of abortions are elective: chosen because the woman doesn’t want to make a baby. We need to fight for both types so that no woman is ever forced to carry a pregnancy to term.

That’s my unrequested bit of tone policing: I’m arguing that we need to keep the focus on the core issue of women’s rights, on their bodily autonomy and freedom to choose parenthood. Obviously, we shouldn’t shy away from mentioning the additional cruelty of doctors being afraid to treat pregnant women, but we must not ignore the fundamental cruelty of forcing a woman to carry a pregnancy to term against her will, reducing her to the state’s incubator, not a person.

And while I’m giving you the good advice that you don’t want to hear, I need to mention the issue of “women”. In a medical and political context, care is taken to use terms like “pregnant person” to acknowledge that not everyone who gets pregnant identifies as a woman. This inclusive terminology is a good thing, but it’s not particularly helpful in the abortion debate, which is why I haven’t been using it.

The sort of people who oppose a woman’s right to choose whether to be pregnant are not likely to be sympathetic to women who “choose” not to be women. Yes, I do realize that the latter isn’t actually a choice, but they don’t, so using this medically and politically correct terminology just distracts from the core argument.

In practice, anti-choice is focused on women because almost all of the people who get pregnant identify as women. The misogyny that drives this applies just as much to the biologically female who do not identify as women, so the net effect of insisting upon this terminology is to give our opponents something else to attack without strengthening our case.

It is a distinction that makes no difference, and is therefore a hindrance. We need to fight for trans rights in parallel with reproductive rights, but they’re distinct issues despite their common misogynistic basis.

This is all so exhausting. The far right just piles on lie after lie. They say “fetal heartbeat” when there’s no heart or “partial-birth abortion” when there’s no birth or “baby-killer” when there’s no baby. We have to be judicious in which lies we tackle in what order and under what circumstances. And we have to focus on keeping the framing honest, which means fighting for choice, not running away from this by talking only about therapeutic abortion.

So feel free to be angry at me for tone policing you. I don’t care. What matters is that you think this through and follow the winning strategy. What matters is that we restore reproductive rights in America, and this means beating the Republicans.

Chickens and eggs

Abortion, viability, and rounding errors

The optional sunny-side-up stage in the life cycle of the chicken.

What came first, the chicken or the egg? Actually, that’s a stupid question: it’s the egg, of course. The egg is an early stage in the life cycle that, if all goes well, ends in a chicken. This fact is embodied in the admonition not to count your chickens until they hatch.

But note how how this saying inadvertently promotes an egg to a chicken. You’re counting “chickens” that aren’t even chickens yet, and might never become chickens, which is why you shouldn’t be counting them. Effectively, it “rounds up” the egg to what it might one day become, and therein lies the problem.

This part really isn’t complicated: a thing is not (yet) what we expect it to become. It is potential, not actual. A seed is not a tree, even if it may one day be. A person is not corpse, even though that’s really only a matter of time. If and when the time comes, fine, its status changes and we treat it differently. But not until then. Why jump the gun?

We don’t bury the living just because they’ll die someday. Yet this sort of confusion about the actual and potential status of things forms the basis of arguments against a woman’s right to choose. You can see this in the self-contradictory term, “unborn child”, which makes as much sense as “living corpse”.

Come back here, you living corpse, I’m here to bury you! Stop insisting on your rights as a person; I’m rounding you up to a cadaver!!!

The ethics of abortion are often framed in terms of personhood. If it’s a person, it has rights, so killing it is murder. But this quickly turns into a game of Pin the Tail on the Donkey with blind attempts at sticking a pin through the magic moment at which personhood is achieved. Spoiler alert: there is no such moment because there’s no such thing as magic. Real life is more complicated.

An ovum and a spermatozoon are individual cells, and I don’t think anyone mistakes either for a person. If things go well, however, they might join together to eventually become a newborn in about 40 weeks. Just as uncontroversially, it doesn’t seem as though anyone denies that this newborn should be treated as a person. So, somewhere between these two points in time, in this gray area, the potential person transitions into an actual one. That’s where the controversy is to be found.

Those who oppose female bodily autonomy justify it by prematurely promoting a potential person to an actual one. Many of them argue that life (by which they mean personhood; they don’t understand ethics) begins at conception (by which they mean fertilization, not implantation; they’re ignorant about medicine, too). This is muddled and entirely arbitrary, but it yields their desired conclusion, so they stick with it.

A more recent trend is to claim it starts with having a heartbeat, but since that’s about 5 weeks in, it’s usually before the woman even knows she’s pregnant, so it serves the same purpose. (Even then, it’s not an actual heartbeat, as there’s no heart yet, just a measurable electrical signal.) Either way, they want us to treat something which cannot survive on its own as a person.

This is relevant because, so long as the embryo or fetus is wholly dependent upon the pregnant woman, there is no way for us to grant it rights except by taking hers away. And while the personhood of a fetus is questionable, there’s no question about the woman being a person. It’s her body, her rights, her choice. If she chooses to give up some of those rights to transfer them to the fetus, that’s fine so long as it’s her choice and not ours.

A note on terminology. When a woman decides she will carry the pregnancy to term, it’s entirely fair to round her up to a mother and round the fetus (or, really, even embryo or zygote) up to a child or baby. There’s nothing offensive about that and doctors do it routinely. But if she hasn’t, then such rounding up is both dishonest and emotionally manipulative. It’s where you get bullshit phrases like “mothers murdering their babies” in reference to abortion.

It’s not murder because the fetus has not earned any rights on its own and the woman has not chosen to give it rights at her own expense. If she did, then killing it would indeed be murder. So if someone sticks a knife in a pregnant woman’s uterus and kills the fetus, that’s murder, but an abortion isn’t. By the same token, there is no contradiction between allowing abortion and opposing pregnant women doing things that would lead to a newborn that is unhealthy.

This all goes back to viability. I said before that there’s no magical point, and that’s because it’s gradual. Fetal viability is not a phase change, like ice melting into water. It’s more like tar slowly turning soft until it flows. There’s solid tar, liquid tar, and a whole range in between, where it’s sticky.

Under our current technology, no embryo is viable. At 9 weeks in, the embryo is considered a fetus, but there’s still no chance of surviving outside the womb. It’s not until about 22 weeks that there’s any chance at all, and it remains very low: about 5%. Even then, this is a measure of survival, not health. Pre-term babies suffer from serious issues, and these don’t all go away even if they live: long-term disabilities are common, and many of these are dire.

At around 24 weeks, viability increases dramatically and reaches about 50%. A couple of weeks later, viability is up past 90%, and the last few percentage points slowly come in as the 38th week approaches. This is also around the time that even a premature birth will still likely result in a healthy newborn. Childbirth is usually around 40 weeks in, though viability never does reach 100%.

So while there’s no magic point, there are three stripes which blur into each other. There is a clear black zone (up to 22 weeks), a gray zone (22 to 27), and then a white zone (27 to 38+). With modern medical technology available, we tend to round up from the halfway point, considering a 24-week fetus to be viable enough to deserve intervention, but even so, death is still the most likely outcome.

When a fetus cannot survive on its own, aborting the pregnancy entails killing it. Once it can, there’s no such connection. Doctors could just induce labor or perform a C-section and hand the baby off to someone who actually wants it.

In practice, this is a largely a non-issue because elective abortion of pregnancies past 26 weeks is nearly nonexistent. Women don’t request them and doctors won’t perform them. There are still a handful of abortions even this late, but they’re therapeutic, not elective. In other words, they’re for medical need, for desperate circumstances such as the fetus not being viable or the woman’s life being at risk.

Back to that newborn that we all agree is a person. Let’s be frank: it has not earned personhood through its own merits; even dogs are smarter. Their status is based on their potential, but it’s safe to round up because we don’t have to round anyone else down in the process.

Ultimately, the morality of abortion comes down to distinguishing the potential from the actual so that we don’t count our fetuses as babies unless we can do so without counting women as mere incubators. We put the actual rights of actual people above the potential rights of potential people. The alternative would be immoral.