Philosophically,
the argument is not difficult to refute. Would pursuing an economic or
political opportunity justify killing one’s two year old daughter? Of course
not, pro-choice people would surely agree. S/he thinks this is a bad analogy
because the unborn are not fully human persons. But that is the very question
at issue in the abortion debate. The pro-choicer is begging the question rather
than making an argument that the unborn are not human persons.
But if the
argument is that easy to refute logically, why is it so influential today? Understanding
the theory behind it may help answer this question. The ethical theory is act-utilitarianism,
which says that a person’s action is justified by its bringing about greater
happiness, in this case by providing her with equal access to socio-economic
and political opportunities. The end justifies the means.
This reasoning has fatal flaws. You
cannot know your or your offspring’s future, whether actual or possible. History
is replete with examples of people who regretted past decisions or who were
relieved that they did not do something they had considered doing.
Also, David DeGrazia, Thomas
Mappes, and Jeffrey Brand-Ballard point out that act-utilitarianism seems
unable to coexist with the notion of human rights [Biomedical Ethics,
7th ed. (New York: McGraw-Hill Education, 2010), 12]. One of the common
arguments for enhanced interrogation at Guantanamo Bay was that these methods
used on high-level terrorists could potentially save many lives by finding out
about planned terrorist attacks. This is a utilitarian argument that many,
especially on the liberal end of the political spectrum, rejected, for the
prisoners have rights as human beings. By the same reasoning, one could justify
killing an older, unhappy couple to relieve them of their unhappiness. Or one could frame an innocent person on a
capital offense to avoid deadly rioting.
Robert George and Christopher
Tollefsen explain why it is that rights cannot coexist with any utilitarian or
consequentialist ethic.
Within any such ethic, there will
always be human beings who are dispensable, who must be sacrificed for the
greater good. Utilitarianism fails in a radical way to respect the dignity and
rights of individual human beings. For it treats the greater good, a mere
aggregate of all the interests or pleasures or preferences of individuals, as
the good of supreme worth and value, and it demands that nothing stand in the
way of its pursuit. The utilitarian thus cannot believe, except as a convenient
fiction, in human rights or in actions that may never be done to people, regardless
of the consequences [Embryo: A Defense of Human Life, 2nd edition.
Kindle version (New York: Doubleday, 2011), loc. 1420].
Michael Tooley, Alison Jaggar’s
colleague at the University of Colorado, who also defends abortion, sees the
problem. “It seems to me very doubtful that the broadly consequentialist
considerations that Alison advances would suffice to show that legal protection
of that right [i.e., the unborn right to life] is not justified” [Michael Tooley et
al., Abortion: Three Perspectives (New York: Oxford University Press,
2009), 184].
But
pro-choice people who use the utilitarian gender justice argument base their
demand for such justice on the human rights of women. Thus, they have a
contradiction right at the heart of their thinking on abortion. You can either
embrace utilitarianism or human rights, not both.
I doubt
that the persistence of the gender justice argument is animated by loyalty to utilitarian
theory. Rather, the utilitarian gender justice argument is a species of Marxist
proletarian morality, the notion that whatever helps the oppressed (the
proletariat) in their class struggle against the oppressors (the bourgeoisie)
is right. Abortion helps women in their struggle against a male-dominated
society and thus must be allowed by law, otherwise the legal system stands against
equality. Deleonist socialists make just that argument (see “The Abortion
Issue: A Socialist View,” accessed January 18, 2018, http://www.deleonism.org/text/a-76.htm.).
My oldest daughter just received a
significant scholarship to attend Northwest University, a conservative
Christian school. I am profoundly grateful that Northwest judged her on her
merits as a student and did not discriminate against her based on gender. I
know that many women around the world do not enjoy such treatment. There is
much to be done to secure the rights of women and girls worldwide. But there
are right and wrong ways to do so, and zeal must not continue to lead us to
oppress one group of people for the sake of another, which is exactly what is
happening if pro-lifers are correct that the unborn are distinct, living, whole
human persons. Everything we have argued against utilitarianism stands against
proletarian morality. And Marxism’s history is stained with the blood of over
one hundred million people whose deaths were justified by the ends. With 60
million unborn Americans and 1.4 billion people worldwide having been
exterminated through abortion, the unjust history of Marxist utilitarianism
continues. People deserve better because all of us, regardless of size, level
of development, environment, and degree of dependency, have an unalienable
right to life.