Strange reversal
By PAMELA SCHAEFFER, NCR
STAFF
When the U.S. Supreme Court declared on Jan. 22,
1973, that women have a fundamental right to abortion, the ruling
set off a vociferous and protracted battle marked by demonstrations and
sloganeering, sit-ins and arrests, a barrage of legal challenges and, at the
lowest point, bombings and shootings at abortion clinics.
Hardly a recipe for a successful society, according to James
Davison Hunter, sociologist at the University of Virginia, who expressed deep
concern for the future of the American enterprise in his book Before the
Shooting Begins: Searching for Democracy in Americas Culture War
(Free Press, 1994).
Today, at the approach of the 25th anniversary of the ruling, some
abortion foes, conceding defeat of their expectations that the landmark 1973
ruling would soon be overturned, are adopting new strategies for the long haul.
A more seasoned, inclusive approach has shifted efforts away from a dramatic,
all-out judicial or political victory and toward a broad moral consensus that
abortion, if legal, should at least be contained.
The new strategy acknowledges the complexity of emotions and
opinions on the issue, emphasizes moral persuasion over legal change and seeks
ways to reduce abortions by channeling resources to pregnant women.
A series of developments have really matured the
movement, said Helen Alvare, spokeswoman for U.S. Catholic bishops on
abortion-related issues. Activists are becoming acutely aware of the
various and complex problems that lead women to seek abortions.
The developments Alvare refers to include some small victories in
court battles that compensate for the big defeat. All but 10 states now impose
some restriction on minors seeking abortions, usually requiring parental
notification or consent. Nineteen states have imposed a mandatory waiting
period for women seeking abortions, and all but 17 states and the District of
Columbia oppose public funding for abortions. Such state-imposed restrictions
have been upheld by two Supreme Court decisions subsequent to Roe v.
Wade: Webster v. Reproductive Health Services in 1989 and
Planned Parenthood v. Casey in 1992.
Nevertheless, activists were stunned and chastened -- and some
ultimately convinced of the need for new strategies -- when a conservative
Supreme Court declined in Casey to overturn Roe v. Wade,
despite a plea from the Bush administration to do so.
A major development benefiting the antiabortion cause, according
to Alvare and others, is the recent and ongoing national debate over the
late-term abortion procedure labeled partial-birth abortion by its
opponents. Although the procedure remains legal as a result of President
Clintons veto in October of a Senate-imposed ban, abortion foes contend
the issue has helped shift public opinion to their side.
People are thinking more than before that they dont
like what abortion does to the child, and they dont want to be on the
side of that, Alvare said.
Technology that allows physicians to monitor the growth of a fetus
and other developments in neonatal care have also had an effect, nudging
people away from a permissive abortion stance, she said. Citing polls
that show that only 10 percent of the U.S. population subscribes to abortion on
demand, Alvare said, Certainly the population is ripe for considering
forbidding more abortions than are presently forbidden.
Help from opposing
camp Strong signals that that might indeed be the case
have come from a surprising quarter: the opposing camp. Writing in The New
York Times on April 3 of last year, and before that, in the Oct. 16, 1995,
issue of The New Republic, feminist author Naomi Wolf called for a
radical shift in language and philosophy by those who share her support for
legal abortion. She urged abortion rights activists to acknowledge the moral
implications of legal abortion.
What if we transformed our language to reflect the spiritual
perceptions of most Americans? she asked in The New York Times.
What if we called abortion what many believe it to be: a failure? ...
What if we called policies that sustain, tolerate and even guarantee the
highest abortion rate of any industrialized nation what they should be called:
crimes against women?
In Our Bodies, Our Souls, the title of her article in
The New Republic, Wolf sounded for all the world like Pope John Paul II
when she castigated the abortion rights movement for a predilection for
euphemism. When abortion rights activists denounce abortion foes for displaying
images of fetuses and for using tiny feet as symbols of their campaign, then,
said Wolf, abortion rights activists are making the judgment that women
are too inherently weak to face a truth about which they have to make a grave
decision.
Noting that the photos of fetuses and the imprints of tiny feet
are real images that should not be denied, she wrote, Strong women
presumably do not seek to cloak their most important decision in
euphemism. An abortion clinic that is truly feminist and
respects women allows women to have not only an abortion but to
face honestly their sense of sin, she said.
Similarly, Pope John Paul II, in his 1995 encyclical Evangelium
Vitae, decried the use of euphemisms in the debate. Given such a
grave situation, we need now more than ever to look the truth in the eye and to
call things by their proper name, without yielding to convenient compromises or
to the temptation of self-deception, he wrote. Especially in the
case of abortion, there is a widespread use of ambiguous terminology, such as
interruption of pregnancy, which tends to hide abortions true
nature and to attenuate its seriousness in public opinion.
Wolf said the abortion rights movement will ultimately enhance its
appeal by a moral approach. By refusing to look at abortion within a
moral framework, we lose the millions of Americans who want to support abortion
as a legal right but still need to condemn it as a moral iniquity, she
wrote.
The prevalence of amoral rhetoric -- words like
rights and choice -- weakens the movement politically
because we lose the center, she said. She urged feminists to
make room for conversations about the moral framework of abortion.
Indeed, a group gaining attention for its recent renaissance is
Feminists for Life, a 25-year-old organization that opposes abortion, along
with capital punishment and euthanasia, as forms of violence and discrimination
incompatible with a feminist ethic of justice. Serrin M. Foster, executive
director, argues that abortion rights groups and abortion clinics are
antifeminist when they fail to give women full information about the potential
psychological and physical risks of abortion and about available alternative
resources.
As part of its broad efforts to support women who want to become
mothers, Feminists for Life became part of an unprecedented coalition between
activists on both sides of the abortion issue during debates over welfare
reform. The organization joined abortion rights groups to fight a freeze on
benefits for women who bore additional children while receiving welfare.
Foster, hired three years ago when Feminists for Life moved to
Washington, said she believes the group is turning a corner in
efforts to show that abortion is alien to true feminism, taking up an argument
that Catholic feminist Sidney Callahan put forth more than a decade ago.
What concerns me most about pro-lifers is that for so many years
weve only done more of what never worked in the first place: yell,
scream, alienate rather than helping people to rethink the issue, Foster
said.
As part of its strategy, Feminists for Life publicizes writings of
early American feminists who crusaded for womans suffrage and were
strongly opposed to abortion. The organizations recent literature
promotes participation in the 25th annual March for Life under the slogan
Marching in the Shoes of Our Feminist Foremothers. March for Life
is an antiabortion protest held annually in Washington since the 1973 Roe v.
Wade ruling.
Sam Lee, a 20-year antiabortion activist from St. Louis, agrees
with Fosters negative characterization of the movements image.
Pro-lifers have had a siege mentality, he said. I look at
them, I love them dearly, but I ask myself, Why would anyone want to
join?
Formerly a leader in an effort that involved sit-ins at abortion
clinics, now a self-employed lobbyist whose spiritual sensibilities are rooted
in the Catholic left, Lee figures heavily in two new social histories of the
antiabortion movement being published to mark the 25th anniversary of
Roe v. Wade. (See story, page 5.)
Initially, Lee said, antiabortion leaders put their hopes in
various legal possibilities that would produce the dramatic change: a
constitutional amendment to protect human life from the moment of conception;
appointment to the Supreme Court, under Presidents Ronald Reagan and George
Bush, of conservatives who would look unfavorably on Roe v. Wade; court
challenges to federal law that would give jurisdiction over abortion back to
the states; and, finally, hope for legislative change in a Republican
Congress.
It hasnt happened.
While Lee intends to continue working for political change, he now
thinks the political focus falls short. Im looking back on the past
25 years ... when many people, including myself, have worked for a political
solution to a moral problem. But I think that in recent years theres a
growing understanding in the pro-life community that we need to help bring
about broader changes in society, he said. If all we do in the
pro-life movement is talk about the issue in political terms, people will think
of it as a political issue rather than as a moral issue.
Lee said he had been influenced both by a speech by William J.
Bennett, secretary of education during the Reagan administration and a staunch
abortion opponent, as well as by the popes Evangelium Vitae, both
of which stress the need for underscoring the moral and spiritual dimensions of
the issue and for providing compassionate support for women facing difficult
life decisions.
Our movement needs to be more inclusive, he said.
I now think the way to lead people to embrace our position is to lead in
steps. He said he is beginning to think the best hope for the
antiabortion movement may be in supporting women and creating
alternatives to abortion.
A recent lobbying success Lee is proud of is a 50 percent tax
credit for Missourians who give money to shelters for pregnant women. He hopes
such bills, capable of drawing support from Democrats who would never support
traditional antiabortion legislation, he said, will become a national
model.
Working for
containment Bennetts speech, delivered to the
Catholic Campaign for America on Nov. 17, 1995, cites a book by historian
Marvin Olasky, Abortion Rites: A Social History of Abortion in America,
which tells the story of abortion in America before Roe v.
Wade. Olasky reported that at the time of the Civil War, the rate of
abortion in the United States was the same as it is today but was significantly
reduced when activists began offering shelter and other kinds of support to
women in trouble. This life-affirming model of
containment, Bennett said, is precisely the model
antiabortion advocates should look to and learn from.
Lee said he is convinced that is true -- although he realizes, he
said, that many in the antiabortion movement would deride him for settling for
too little. This is a complete reversal of what I used to think, he
said. It would have been heresy in the pro-life movement a few years ago
and still is today among some pro-lifers.
Lees rethinking is an example of what James Kelly,
sociologist at Fordham and longtime analyst of the antiabortion movement, is
seeing: considerable change in the approach to abortion, mostly on the
right to life side.
I am on the mailing list of almost all of the groups,
he said. Without actually stating it, most of them are looking at the
issue now in ways that securely link concern for the fetus with concern for
women. When the movement began 25 years ago, the focus was more on
sanctity of life and rights of the fetus rather than
concern for women, he said. Organizations such as Birthright, which provide
services to women who want to keep their child, had a minor role in the
movement, he said.
According to Alvare, the number of crisis pregnancy centers that
provide services to women has grown dramatically over the years -- from less
than 300 in the early 1970s to about 3,400 today, she said. Further, more than
100 U.S. dioceses have adopted Project Rachel, a post-abortion reconciliation
program that helps women to work through conflicting emotions, including
grief.
Kelly said he is impressed by the continued energy and creativity
in the antiabortion movement -- energy that you dont really find on
the pro-choice side, he said. That observation is verified by a recent
article in Fortune listing the most powerful lobbying groups in
Washington as ranked by 2,200 Congressional insiders. Two groups that oppose
abortion, the Christian Coalition and the National Right to Life Committee,
ranked seventh and 10th, respectively. No abortion rights groups ranked in the
top 25. The National Abortion and Reproductive Rights Action League -- NARAL --
is lost in the crowd, ranking 43rd, said author Jeffrey Birnbaum.
Maybe its because conservative groups often are better funded or
that their members are more intensely committed to their cause, he said.
Or maybe the reason is that Republicans control Congress.
Fordhams Kelly is a board member of the Common Ground
Network for Life and Choice, which has sponsored discussions among activists on
both sides and holds out the possibility for activities rooted in common goals.
Such efforts are challenging to people on both sides because it forces them to
ask, What does the integrity of my principles require? he said.
Mary Jacksteit, director of the Common Ground Network, cites
preventing teen pregnancy and encouraging adoption as goals both sides might
share. There are values and agendas in both camps that can be furthered by
cooperation, she said, without requiring them to oppose one another.
People are beginning to realize that they might have more success in achieving
some of their common goals if the other group also supports them -- if, to put
it crassly, they recognize, Yes, there is something in it for me
if both sides get together.
Even Kate Michelman, director of the National Abortion Rights
Action League, has said that the league favors efforts to support women so that
abortion becomes less necessary. But in practical terms, according to
Michelman, abortion rights activists are forced to direct a lot of their energy
toward legislation and courts to protect the legal option of abortion.
Frances Kissling, president of Catholics for a Free Choice, urges
renewed efforts to protect legal abortion in an era of increasing restrictions,
to not back off of rights language in regard to women. At the same
time, she said, proponents of legal abortion need to pay more attention to
moral issues.
An uncomfortable space The
space between what is legal and what is right needs to be filled,
Kissling wrote in the winter issue of Conscience, the journal published
by her organization. The area of moral uncertainty can be decidedly
uncomfortable for abortion rights activists, yet should be addressed.
We must lead a more meaningful public conversation about the morality of
abortion. To believe that there is a fundamental right to choose abortion is
not the same as believing that there are no moral dilemmas worthy of
debate.
Ironically, Kelly said, if efforts at real cooperation take root,
they will have been made possible by Webster and Casey, the court
cases of 1989 and 1992 that declared no clear victory for either side. Because
the prospect for total victory or defeat is gone, moral imagination and
creativity around the issue, including coalitions unthinkable in the
past, may be a trend for the future, he said.
For sociologist James Davison Hunter, that trend holds out
possibilities for more than the nations abortion war. At stake, he
writes, is the revitalization of Americas public life, with consequences
for divisions over other painful issues, including race, poverty, education and
homosexuality -- indeed, he says, for the survival of democracy as an ideal and
perhaps the survival of America as a nation.
Davison believes resolution of conflicts will involve deep
soul-searching and honest discussion, however inefficient and tedious. He urges
exploring issues in their multiple dimensions, allowing room for all voices and
resisting the impulse to solve serious social problems primarily through power
politics.
In the special case of abortion, we may discover that the
question is not about women versus unborn children but about what kind of
society it is that creates this kind of forced selection to begin with,
he wrote. The same of course holds for all the conflicts America endures
in the end of the 20th century: They may all reflect false choices. It is only
in the renewal of substantive democracy, however, that we will find
out.
National Catholic Reporter, January 16,
1998
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