fetal personhood

Pregnant people are people, too

I am pro-choice. 100%. Under all circumstances, and for any reason, I believe that the decision of whether or not to continue hosting a fetus inside of their body lies with the person who’s body is being inhabited by the fetus. And mostly, I leave it at that. But I also think it can be useful to explore the actual ethical quandaries that can be wrestled with in coming to this conclusion. Because I do think that a lot of people struggle with this issue, and that’s legitimate, but I also feel like there’s not always a good space to talk about it in a debate where one side tends to shut down any discussion of morality and the definition of life, and the other simply calls abortion murder, no discussion.

But I think that both of those positions are reductionist. it’s completely unreasonable to say that fetuses aren’t living things; quite simply, they are. And I also think that late-term fetus may even count as people (at least, they’re as much people as newborn babies are). And I wanted to actually put in words the reasons why I can hold these views and also still be 100% pro-choice in every instance.

Because I actually don’t fully buy the “well it’s a personal moral choice” argument, and the “right to privacy” grounds on which abortion is legal in the US have never made even the slightest bit of sense to me. If, in fact, abortion were tantamount to murder, these arguments would imply that murder shouldn’t be illegal on the grounds of privacy and personal moral choices, which is ridiculous.

The thing is, I don’t think that the question of whether a fetus is a person (or when a fetus becomes a person) has any real bearing on whether abortion should be legal or not. It’s not news that every fetal “personhood” argument ever made has completely erased the personhood of the person that the fetus is living inside the body of.

Because, for me, this is the crux of the whole thing. I don’t care if the fetus is a person or not, because no person should ever have the right to live inside of another person against their will. In this model, the death that results from abortion is self-defense, (or possibly a mercy killing, since removing the fetus intact and simply letting it die would be comparably cruel) and not murder. This is not a difficult moral issue for me, but I’ll play along and try to anticipate some of the objections to this.

But the fetus can’t live outside the womb! It’s not deliberately invading your body! it just needs you to survive!

This is just completely irrelevant. Bodily violation is bodily violation regardless of intent, regardless of the whether the person (or fetus) violating someone’s body knows or understands that they are doing so. The person being violated is being violated regardless, and they have the right to stop the violation.

We are never legally required to sacrifice our bodies to save other people’s lives in any other circumstances. We aren’t even required to do so for our own children after they are born. I would be legally within my rights to deny a kidney, or even my blood, to my child, even immediately after birth. But for some reason people still insist that I should be required to carry the thing around for nine months inside my body. The inconsistency here is unfathomable. My right to bodily autonomy is not changed by the fact that I happen to be pregnant.

But you brought it on yourself! I mean, I can see a reason why abortion should be legal in cases of rape and incest, but you gave implicit consent for the fetus to take up residence in your body when you chose to have sex, (you slut)!

Um, no. That’s not how consent works – meaningful consent can be withdrawn at any time. Even if I have sex with the intent of creating a fetus in my body, if I later decide that I do not want said fetus in my body, I can kick it the fuck out.

That’s not even how natural consequences work. By the logic above, there’s a bunch of other conclusions you would have to come to that are patently ridiculous. We don’t, for instance, tell people that chlamydia is just a natural consequence of sex, and that to take antibiotics is to kill the chlamydia is wrong. (Again, even if for some reason I decided to have sex with the express purpose of getting chlamydia, I would be well within my rights to seek treatment for the consequent chlamydia.)

Or let’s look at other things relating to bodily autonomy. I’m registered on the list of bone marrow donors where I live, which means that if someone turns up requiring bone marrow that matches mine, I may be contacted to donate. Being on this list has positive consequences for me – it makes me feel good about myself. Maybe not as good as sex, but still, it’s a thing I chose to do of my own free will and for not much other reason than because it made me happy to do so.

And yet.

If I were called on to donate marrow to someone, I would not be obligated to follow through. Similarly, just because I enjoy having sex sometimes does not mean that I am morally obligated to carry a resulting fetus to term. There’s just no logic by which this could possibly follow. Just no.

This is the logic that is so often used to control women’s bodies and actions – you shouldn’t be out alone at night, or drunk, or dressing outside of certainly narrowly defined and contradictory “rules,” or rape is a direct consequence. You shouldn’t be pretty at work, or getting hit on by your boss is your fault. You shouldn’t be ugly at work, or getting fired is your fault. You shouldn’t try too hard to be conventionally attractive, or harassment is your punishment. You shouldn’t stray too far from conventional attractiveness or harassment is your punishment. You shouldn’t have sex with other women, or corrective rape is your punishment. You shouldn’t have no sex at all, or someone will have to rape you to teach you that sex is good. But you shouldn’t enjoy sex too much, or babies are your punishment.

And yes, I do fully analogize the bodily violation of rape with the bodily violation of being legally forced to carry an unwanted pregnancy. That shit wreaks havoc on your body and on your mental health. Birth is not a simple thing, it’s painful and exhausting and ugly.

Fuck. That. Noise. Consenting to sex does not imply consent to anything other than having sex in that moment.

But isn’t it the nice thing to do to let the innocent fetus use your body? And the nice thing to do is the right thing to do, after all.

Um, yeah, I guess it might be the nice thing to do. It would also be the nice thing to do to donate half of my income to charity, but most people would understand that weighing the hardship that would befall me if I did such a thing outweighs the desire to be nice. Once again, choosing to carry a fetus to term is a very big commitment, with far-ranging impacts on quality of life, ability to work, mental health, and many other things. Sure it’s nice, but it’s grand gesture nice, and not common courtesy/moral obligation nice.

…So, have I missed any of the big arguments?