Tag Archives: gender

“The” Ethics of Abortion: Why This Debate Will Never End

planned parenthoodAs I admitted in my last post, I haven’t given abortion much thought because I lack a uterus. The sting video on Planned Parenthood gave me pause. What do I think about abortion? Was this video damning or not? Why?

 

My friend Samantha posted what I think is a good post from a pro-choice stance, defending Planned Parenthood from a legal perspective. Ostensibly, they were being paid for the transfer costs of aborted fetal tissue, which is legal. Samantha summed up that pro-life and pro-choice advocates are both trying to save lives, but are focusing on different means. They are “ships passing in the night.”

I’ll plainly state that I have been pro-life my entire adult life, though I have more questions now than before such as:

  • what is the fate of the child and mother if the mother is an addict?
  • what if the child is headed for a life of poverty and all that poverty entails?
  • if a mother wants to put her child up for adoption, what is the ratio of babies born to parents wanting to adopt? is the cost of adoption prohibitive?
  • what are the supports for mothers once their children are born? If she was already poor, will communities and welfare be available to her?

Regardless of how nuanced I get, I am still uncomfortable with abortion. That discomfort proceeds from an affirmation of life. I don’t know where life begins, but I don’t see enough difference between a fetus and a newborn to say, “Yes, it’s ok to terminate the life on this side of the line, but not on that side.”

When’s a Fetus no Longer a Fetus?

Fetus
Fetus
Newborn
Newborn
What’s the difference between a fetus from a newborn? A minute? less? I’m not talking about labor; I’m talking about those last few moments of pregnancy where one moment object A is inside the uterus (fetus) and the next moment it isn’t (newborn). It is a very quick transition from being something we can legally terminate to being someone we can’t legally terminate. Why do we define that change of state so absolutely? In other words, why is life defined in very specific chunks rather than along a continuum?

Concerning that transition, consider sexual intercourse: I wonder if the beginning of life and the beginnings of one’s sexual life are similar.

Still virgins?What is the moment that a virgin is no longer a virgin? Think of two virgins about to cease being virgins. Do they cross that threshold at the first sexually charged look? The first caress? The first disrobing? The first fondling? The first suckle? The first genital stimulation? The first penetration? The first orgasm? Is sex one discrete thing or a continuum of behavior?

If penetration is the key definer of sex, and the key that evaporates virginity, does that include penetration of things besides a vagina? If a homosexual man only has sex with men his entire life and then dies, has he died a virgin according to that definition? Or did he cross that threshold the first time he had sex with a man?

I ask again, how different is a fetus from a newborn?

The Social Freight (Politics) of Binaries

What am I saying in these comparisons? I’m saying that we as a society take a slight difference between two things and then treat the distinguished things in radically different ways. I am wondering if this makes sense. The binary in this case is “not life/life.” Inside a uterus, a child is legally not life since it can be terminated without repercussion.

American society has deemed abortion legal institutionally by defining a clean break between those two states. The only reason a fetus isn’t just called a baby is because the distinction has to make sense for the law to make sense. The difference in state of the baby is purely by fiat.

Granted, I have not waded into this very complex issue. When I started researching for this post I googled “abortion debate” and came to a debate site. It listed roughly thirty facets to the issue. I come at it from one angle and realize it is an angle, not “the” ethic for this debate. Were there something we could all appeal to in equal measure, there wouldn’t be a debate.

Roger Olson
Roger Olson
The debate will never end because people ally themselves with the continuum model or the discrete model. Someone could highlight a grey area for me, and I would concede if convinced, but I see little space for calling something both a continuum (pro-life) and a discrete shift in essence (pro-choice). As Roger Olson highlighted, nuance is drowned out by the seemingly unavoidable extremes in this debate.

I also think the debate will never end, because it is now entrenched as an identity marker. I don’t know how many pro-life or pro-choice advocates sit down and say, “Wow, the other side makes some great points. I should really reconsider my position in light of what they have just said.” Instead, people usually hear a label, assume the worst of their adversary, have their checklists of orthodoxy and heresy, hurl talking points at their adversaries, utterly ignore the talking points of their adversaries, and go their separate ways thoroughly entrenched.

I wish this were a happier post or one more provocative for discussion, but I’m under no illusions that this will be a popular post. Abortion isn’t exactly a boring topic or one for polite company. It isn’t an issue that calls tolerance forth from its interlocutors. However, I will admit I am weird: I invite feedback positive and negative. If I have left anything out, maligned someone, misrepresented people—whatever your opinion—comment, or, if you don’t feel like having a comment war but only a discussion, my email is ilostmyprayerhanky At gmail dot com. As my friend Samantha got at in her post, I want discussion to occur that treats conversation partners as people, not battlefields to lob bombs at.

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Link Wednesday 6: Mucho Feminism…and Some Sexuality, Too

This Link Wednesday, admittedly doesn’t have a lot of feminism, but it does comprise the majority of the links. Here we go.

1. “An Update on the Gay Debate: evolving ideas, untidy stories, and hopes for the church

Julie Rodgers
Julie Rodgers
Reza Aslan
Reza Aslan
Julie Rodgers was a “Ministry Associate for Spiritual Care” at Wheaton College until she resigned yesterday. She is a celibate gay Christian whose shift in view on same-sex marriage seems to have been the reason for her resignation. If you are not used to reading gay Christian perspectives, check out her blog. Another gay Christian voice to check out is Matt Vines at The Reformation Project.

In other religio-sexual news, Reza Aslan encouraged his fellow American Muslims to fight for marginalized groups like the LGBT community in a public letter after the SCOTUS decision. In case you weren’t aware, 42% of American Muslims support same-sex marriage (21+21). Maybe you weren’t surprised by the figure. I was. It helps to look at data.

2. “Media Literacy 101

Here are the four takeaway questions quoted (except for the “And”) from the transcript:

  1. What is the content of this product? As in, what am I looking at here?
  2. Is it really selling what it’s advertising? Like, if you have a woman in a bikini in your commercial, it better be for swim wear and not for, ya know, hamburgers.
  3. Who made this?…
  4. Why do they want me to consume it? That is, which demographics benefit from me internalizing this message and which demographics are hindered by it?

My wife and I discussed this while we walked by Victoria’s Secret in the mall. She wondered why the store would have an image of a woman with no top, covering only her nipple (probably through Photoshop or a nude suit) when what it was selling was a bracelet. I speculated that marketing experts project that it will have a significant impact on the tastes of women’s significant others to push to buy that product so that their women can exude the image shown: free-spirited, virile, trophy, etc. But then I thought about it today, and realized that women (or men if they want the bracelet) don’t need other agents encouraging them to exude free-spirited, virile, trophy images; they have agency of their own.

3. “Is secularism still Christian?

This article talks about the origins of Western secularism. I modify it because not all secularisms are the same. Turkish secularism, for example, looks different from American secularism because of the different histories of the peoples. Even in the West, secularism in the United States differs from that in the United Kingdom which differs from that in France. For more elaboration on the various secularisms, see the interview with Tariq Modood at The Religious Studies Project.

4. “How the Justice System Hurts Survivors Through the ‘Sexual Abuse to Prison Pipeline‘” and “How ‘Orange Is the New Black’ Misrepresents Women’s Federal Prison (And Why It Matters)

Orange Is the New Black
Orange Is the New Black
These two articles discuss how women entering prisons are primarily non-violent drug offenders. The feministing article highlights that the major contribution to drug use/penalization occurs among sex-abuse victims. The everydayfeminism article highlights that while men’s prisons still have far more prisoners population-wise, women’s prisons are growing at double the rate of men’s: growth in prisons in general are fueled by the failed War on Drugs.

5. “An Explanation for Why It’s Not Just Men Who Pressure Women Into Feminine Norms

Jeremy Bentham
Jeremy Bentham
Celia Edell applies Foucault’s reading of Bentham to explain that patriarchal norms for femininity come from many directions (men, other women), including from the self. Gender expression is a show for everyone and no one. This was an article that gave me a check regarding my thoughts on the Victoria’s Secret ad.

6. “The Coming Gay Rights Letdown” (The Daily Beast)

While happenings in one place aren’t guaranteed to replicate in another, a Canadian LGBT activist warned American LGBT activists that marriage equality brings apathy among the public. It reminds me of the unfortunately failed Equal Rights Amendment. Women in the United States gained suffrage in 1920, gained lots of momentum in the 1960s and 1970s through second-wave feminism, but the culture at large seems not to have given that Amendment as much weight as they.

7. I’m going to wait on #PlannedParenthood. The story is still developing. Color me cautious (I guess you can color me cowardly if you want; I just think big stories need more development).


Because of Caitlyn Jenner in the news last month, I thought it worthwhile to cover a less well known group. Intersex persons are the little known group in the longer LGBTQIA acronym. Political recognition of them at times overlap with transgender persons, hence the upcoming post, “The Politics of Intersex.”

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Link Thursday (#4): Obergefell v. Hodges: The “True” Definition of Marriage

I apologize for not getting this out on Wednesday. I also realize that these “Link Wednesdays” are turning into substantial posts in themselves. Let me know if you prefer substantial posts for Wednesdays or ones with links and very minimal annotation at ilostmyprayerhanky At gmail.


Jim Obergefell
Jim Obergefell
What is the purpose of marriage? Is it to produce children? Is it to enable people to connect emotionally over a lifetime? Does it have more than one purpose?

At stake in the Supreme Court case Obergefell v. Hodges is whether or not states are required to give marriage licenses to same-sex couples and to recognize marriage licenses issued by other states. The summary of the oral arguments and amicus briefs for and against are here, here, here, and here.

This post will look in detail at the religious freight brought to bear in the amicus brief submitted by The Coalition of Black Pastors and Christian Leaders, aka The Coalition of African-American Pastors. Amicus Curiae are documents submitted by persons strongly interested in a case but not actually involved in it. I am interested in this case, because Black Protestants make up the next biggest opponent of same-sex marriage behind White evangelical Protestants. Since I am somewhat familiar with evangelical religious reasoning against same-sex marriage, I was curious to see if there was overlap with Black church leaders’ legal reasoning.

Here are their three major arguments that will be covered in turn (page numbers from the document will be cited parenthetically):

  1. The caseLoving v. Virginia does not create marital inclusivity as far as the plaintiffs wish
  2. Unelected courts should not decide on morality; that should be left to legislation and the People
  3. The Sixth Circuit Court did not have to employ strict definitions in considering the states’ marriage laws (iii)

Before going into the argument, the pastors and Christian leaders provide a glimpse into their identity and aims in this quote:

For Amici, the Bible expresses sound, ethically-grounded doctrine upon which individuals beneficially rely regarding family matters. Amici bear the responsibility to oppose unsound, morally-relative doctrines and to oppose practices that are harmful to the following of God’s time-proven teachings. Amici, therefore, hold a vested interest in a State’s right to correctly define marriage (1; bold mine).

On to the arguments.

The case of Loving v. Virginia (1967) had to do with anti-miscegenation laws. Anti-miscegenation laws were found unconstitutional for violating the Equal Protection Clause of the Fourteenth Amendment.

The plaintiffs in Obergefell v. Hodges argued that denying marriage licenses violated the Equal Protection Clause, using Loving v. Virginia as precedent. The Amici do not see this as valid for a few reasons.

Their big one involves the first alternative use of Loving in Baehr v. Lewin (1993). Baehr held that sexual orientation was a “suspect class” like race was in Loving. Suspect class is “a class of individuals that have been historically subject to discrimination” so that their involvement in a discrimination case is subject to “strict scrutiny.” To survive this level of judicial scrutiny, a State has to have had a compelling reason to limit fundamental rights and narrowly defined the law so as not to engage in discrimination. Examples of suspect classes subject to strict scrutiny include race and religion. One of the questions at stake is whether marriage is a fundamental right.

The Amici argue that the Supreme Court in Loving never contemplated or addressed same-sex marriage (7). This argument gets at origins. In this line of thinking, the closer reasons (practices, beliefs, etc.) are to some group’s original intentions, the more authority it carries. What’s interesting about this originalist interpretation is that the Founders never envisioned African-American voters, but here we are. Time brings out new questions, and, many times, new answers.

They go on to say that “Loving emphasized the importance of marriage to all Americans, in the true sense of the word” (8, bold mine). Words do not have true senses. They have definitions based on how people accept them. If I say someone is gay, you aren’t going to think I’m meaning it in the “true sense” of happy. Why is marriage cordoned off from this ability to change meaning over time? Is it because so many personal investments revolve around how its definition?

And yet, the fact that words do not have eternal, true senses does not mean that definitions are merely idiosyncratic either. While words can be defined however a group wants to define them that does not mean words change meaning overnight. It takes time and people agreeing with definitions. If I say tomorrow that “marriage” means that someone likes chocolate, good luck with that catching on, particularly considering my readership numbers.

These rhetorical strategies of “origins” and “classification” go back to what I have covered on practice and community. The use of origins is a great strategy, because it gives your case a sense of establishment, authority (based on heroes at the beginning of a discourse), and longevity. Sometimes, it is also used to ignore all the intervening steps (history) between the proposed origin and the present (See Monica Miller’s post on labels). However, it also serves the religious element in Lincoln’s system of religious discourse in attempting to make historically contingent facts beyond dispute: religion is at least “temporal, contextual, situated, interested, human, and material dimensions of those discourses, practices, and institutions that characteristically represent themselves as eternal, transcendent, spiritual, and divine.” In other words, this move to origins is meant to stop argumentation, because origins are where authority rests. If God isn’t the authority in this case, it is the immutable and inerrant Founders, treated much the same way as inerrant Scripture.

The Amici also move beyond legal reasoning to employ the “true definition” of marriage, again, using classification. Classification in political (one can easily argue that religion involves this same discourse since it too manages relationships between parties) discourse is never neutral or apolitical. So when they employ Robert Reilly to give the true definition of marriage–the context where the “procreative and unitive purposes of sex” (14-15, no. 13) occur–debate is curtailed, because by definition, same-sex couples cannot be married since they cannot procreate with each other, and therefore, do not meet both of the required elements. I’m not going to try to insult your intelligence too much, but following that definition, here are some heterosexual acts and statuses that should bar a person from marriage:

  • women with hysterectomies
  • men with vasectomies
  • the elderly
  • couples who do not wish to have children
  • couples who engage in any sex act that does not finish inside a vagina
  • contraception
  • abortion
  • divorce, because this eliminates the possibility of future children
  • post-menopausal women

This list is not exhaustive, but it shows that the State is not merely interested in defining marriage by the bare fact of procreation. What does it reveal about the “true definition” of marriage? I suggest that it at least shows that interests beyond the State’s are at play, and I would argue that they are religious ones. The definition is not beyond dispute but reflects the interests of the pastors. You can be the judge of how much or little specific religious discourse should play a part in judicial discourse. The aim of this blog is to uncover the strategies at play among religious and sex discourses. I have around five pages of single-spaced notes on the brief if you care to discuss this further. There is much I left out that I could have covered and that someone might say I overlooked. If so, comment or email me. Otherwise, I await the Court’s decision which might come out today.

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A Change for This Link Wednesday

I had said in last week’s Link Wednesday that I would offer two strong cases each for and against same-sex marriage in light of the upcoming decision in Obergefell v. Hodges. However, I have decided to provide the arguments each side makes in the case. Then I will comment on their relation to religion, if any, as I have been discussing the topic for the past few weeks. Hope to see you on Wednesday.

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Link Wednesday #3: Attack of the Transgenders!

This Link Wednesday is going to be short and sweet. It will be links, very quick intros, and questions.

1. Albert Mohler and the Transgender Attack on Women’s Colleges

Albert Mohler albertmohler.com
Albert Mohler
I’ve introduced Al Mohler here, so I will leave you to read about him there. He introduced a story that detailed how the last of the “Seven Sisters,” Barnard College, had admitted transgender students while still holding to its mission as a women’s only college. Notwithstanding that some of these colleges admit men, Mohler cast the decision as a moment of “conflicting absolutes” between feminism and the “transgender revolution.”

Questions:

  1. If elements within a movement shift on things are they no longer part of that movement?
  2. Are movements stable enough in the first place to be identified as one thing?
  3. Who gets to speak for a group and who decides? Is it within or outside the group?

2. Elinor Burkett: The Transgenders Are Coming for Your Abortions and Your Sororities!

Laverne Cox Author: Dominick D via Flickr
Laverne Cox

I found out about this article from Mohler. Elinor Burkett is a journalist, author, former professor, and producer. Her recent op-ed entitled “What Makes a Woman” appeared in The New York Times. Apparently a woman consists of a vagina and the ability to have children. Do with that what you will.

Questions:

  1. Burkett draws a parallel between former Harvard University president Lawrence Summers and then-Bruce Jenner: each said that men and women have different brains, while one was treated with scorn and one with bravery. Does who says something change what is said? If a white supremacist or an African-American rapper say the word “nigger” (and I record it), is it the same thing or not?
  2. Burkett claims that Jenner makes use of feminine stereotypes of appearance and emotionality; does the kind of woman Burkett lauds—liberated, with fuller agency—have room for the classically feminine woman she critiques?
  3. Burkett treats transgender women as a threat to women as a whole. How do you define woman? Is Caitlyn Jenner the same as Laverne Cox or Leslie Feinberg?
  4. Leslie Feinberg
    Leslie Feinberg

  5. Burkett says that Jenner does not get to define women, but then goes about defining women herself. Does Burkett represent women of all classes, politics, religions, races, and ethnicities?
  6. Burkett claims that transgender claims on womanhood trample her dignity as a woman. Did women’s suffrage trample the dignity of male votes? I don’t know how much Burkett would like that her position sounds similar to arguments like legalization of same-sex marriage would trample the dignity of traditional marriage.
  7. Burkett lists universal experiences that Jenner has never experienced, such as forgetting to take the pill. Can you name ONE universal female experience?
  8. Burkett remarks that Jenner has experienced privilege as a man, employing his sponsorship during the 1976 Olympics as an example of how he cannot understand the lack of privilege women experience. Is privilege static? Does the privilege of Bruce Jenner in 1976 match that of the 65 year old Caitlyn?
  9. Burkett is not without her points. Jenner does seem to buy into stereotypes of women as emotional and sex objects. Why did she transition to her current gender expression, and not the butch gender expression of someone like Leslie Feinberg?
  10. Burkett overtly links owning a vagina and working uterus with being a woman. Does having a non-functioning or absent uterus make one less a woman?

As June comes to a close, we will know the result of Obergefell v. Hodges. That case will determine whether or not same-sex marriage is legal. Next Link Wednesday will involve two strong cases each for and against same-sex marriage. As always, I hope for your interaction. If you do not feel comfortable commenting, please email me at ilostmyprayerhanky AT gmail. I truly enjoy conversation (I won’t berate you on differences of opinion) and seeing how people come to their conclusions. I thrive on what can occur when two people are open about where they are coming from and can open new possibilities beyond their current place.

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