Why won’t people argue against what Bricker is actually arguing?
Pay closer attention.
The fact that in the case of an ectopic pregnancy the baby is a human being is relevant to whether that baby’s life can morally be ended, but it isn’t the only thing to consider. The baby is a human being, and so cannot be killed for no good reason. However, in the case of an ectopic pregnancy the baby’s mother will die unless the baby is removed.
Yes, the baby will die. If there were any other way to save the mother’s life that didn’t have the secondary effect of killing the baby, then you would (under Bricker’s morality) be obliged to do that instead. Tragically, no such procedure exists. We have no way to save the baby, the baby will die no matter what we do. We do have a way to save the mother, which is to remove the baby from the fallopian tube. And so it is moral to abort an ectopic pregnancy. And so the El Salvadorian law is immoral under Catholic teaching.
Note that I’m not Catholic, but the principle is very easy to understand.
It seems to me that many pro-choice people argue backwards. We must allow abortion…so therefore we must take as an axiom that fetuses (or to use a more loaded word, unborn babies) are not human and have no more right than (in a memorably pithy term) a cancerous tumor. You have no problem removing a tumor, right? So therefore abortion is morally unproblematic.
Except that’s ridiculous. The mere fact that we see legal abortion, even elective abortion, as neccesary, it does not follow that therefore the fetus must have no more rights than a tumor. If someone points a gun at me, I can respond with deadly force, I have that right. But the other human being who threatened me doesn’t thereby become a thing with no human rights. We have decided that my right to protect myself outweighs the other person’s right to life. We have balanced opposing rights, and found a workable compromise. We didn’t have to conclude that some people are things with no rights.
So the mere fact that a fetus might have some rights under some circumstances doesn’t necessarily mean that we must ban all abortion. We might as a society come to the compromise that the fetus’s right to life is outweighed by the mother’s right to bodily autonomy. We might come to the compromise position that while the fetus has the right to life government intervention to protect that life is unworkable and likely to cause more harm than good. In fact, we have largely done so. Only the very most extreme pro-choicers argue that a viable baby has no human rights. And I contend that they don’t make such arguments from principle, but rather they want to preserve legal abortion and are afraid if they concede one iota to common sense we’ll end up with the Taliban.
Thing is, most people in the US are pro-life, they believe that an unborn baby has some kind of rights, even if they don’t know exactly what those rights are. And most people in the US are pro-choice, they believe that pregnant women have some sort of autonomy and need to be able to make hard decisions for themselves. I know it’s hard for ideological pro-lifers and pro-choicers to believe, but most people are smart enough and pragmatic enough to believe both. Yes, you can trot out your exceptions, your foam-flecked fundamentalists, your infanticide supporters.
But why are people so worried about the weakness of their position that they’re convinced that if we allow the democratic process to work that they would lose everything? You’re sure that without Roe v. Wade, American legislators would in a second follow the lead of El Salvador? Really?