The “Pro-Life” Movement Is A Sad Dumb Joke (Legally Speaking)

I’ve stayed out on the latest attacks on Planned Parenthood, mainly because I am more or less confident that any financial attacks to that specific institution will fail by way of the President’s veto. However I do think that conservatives salivating over ending abortion judicially are also way too confident in what is looking more and more like a possibility after 2016. Frankly the anti-abortion cause, one that was a load of horseshit from the beginning, has overplayed it’s recent successes, and is throughly doomed with a new generation of sexually liberated and class cognizant millennials quickly approaching adulthood.  However the damage done to this fundamental right has been severe, and it’s worth discussing the idiotic excuse for legal reasoning that has allowed things to get this bad.

Whats interesting about the conservative movement after Hobby Lobby, is that they have put the idea of what exactly is a “sincere religious belief” clearly within the jurisdiction of the Supreme Court. They see this as a victory (and right now it clearly was), but there is a problem with this analysis.

Historical evidence clearly shows that American Protestants (including evangelicals), definitively disagreed with the Catholic view of life starting at Conception….until their rise as part of the new conservative coalition. Therefore it is worth asking whether subsequent regulations placed on abortion could even pass a rational basis review, given that the issue of “preserving potential life” was certainly more of a cynical  political calculation for maintaining solid Republican power in Red States, and therefore is not a belief supported by the rights provided by the 1st Amendment.

And while some might find it distasteful to challenge the seriousness of someone’s beliefs on this matter, its worth remembering that this insanely abstract view of “what is life” isn’t even consistently applied across the bio-medical world. I mean if life is so precious and pregnancy such a sanctified state that we don’t trust a woman to make her own decisions regarding the fate of the fetus, why do we then allow someone to essentially sell their baby to her wealthy client in surrogacy? Likewise you see very few graphic protests outside of IVF clinics, and no one is threatening nurses at sperm banks with pipe bombs.

So perhaps it is time to start haranguing the Tony Perkins of the wold why their “sincere” concern for the lives of fetus-americans doesn’t extend to properly funding W.I.C. once the kid is born.

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About stefanbc

I am an attorney who works mainly in criminal defense, child welfare, and medical marijuana advocacy. I live in Long Beach with my wife and four pets. View all posts by stefanbc

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