Tuesday, September 20, 2011

Personhood?

So there is this "Personhood" petition going around in each and every state that claims that life begins at conception, and that the fertilized egg is a person, due full "God-given and constitutional rights". And I love that Personhood USA relies on science for their argument (heh - I thought they didn't believe in science!)

From personhoodusa.com:
If the Court considers the humanity of the pre-born child, for which there is overwhelming scientific evidence, it could restore the legal protections of person-hood to the pre-born under the 14th Amendment as Blackmun foretold, stopping abortion in a few and then in all fifty states!
Oooooh!!!! So now we want the 14th amendment! I thought we were going to repeal it!

<gratuitous editorial commentary> The GOP does love to use the constitution when it suits them (2nd, 14th amendment, anyone?) and disavow it when it doesn't suit them (4th, 14th, etc). Wait - I listed the 14th amendment on both sides of my argument. Huh. </gratuitous editorial commentary>

Now, Mike Huckabee really pissed me off in this video. By claiming this isn't about women's rights, but about making money. Screw you, Huckabee.

Hmmm. Well, aside from the obvious idiocy of both Huckabee's and Personhood USA's positions (and yes, it's my blog and if I think it's idiotic, I get to say that), there is the whole religion aspect that the personhood amendment is based upon. Because we all know that God intended women to die in order to birth a child - women are far less important than the fetus, as evidenced by the numerous bills floating around the states that disallow abortion, even when the mother's health is at risk. (I can't be arsed to link to them all; there are far too many)

Now, correct me if I'm wrong, but last I checked, Christianity is based upon Judaism, correct? Hence the whole Judeo-Christian thing. And I totally get how tied to Israel they all feel - they luurrrve the Jewish state above all else. OK, so what does Judaism say about abortion?

Per The United Synagogue of Conservative Judaism:
The Rabbinical Assembly Committee on Jewish Law and Standards takes the view that an abortion is justifiable if a continuation of pregnancy might cause the mother severe physical or psychological harm, or when the fetus is judged by competent medical opinion as severely defective. The fetus is a life in the process of development, and the decision to abort should never be taken lightly. Before reaching her final decision, the mother should consult with the father, other members of her family, her physician, her spiritual leader and any other person who can help her in assessing the many grave legal and moral issues involved.
Note that it does not say anywhere that she should consult with her local or federal lawmaker.

Furthermore, they go so far as to make it their official position that there should be no weakening of Roe v Wade, or in medical coverage for women who have abortions.

Here is the resolution passed in 1991, in full:
United Synagogue Resolution on Abortion, Passed at the 1991 Biennial Convention
As the preceding information and the following resolution indicate clearly, Judaism does not provide a blanket pro-abortion stance. The United Synagogue of Conservative Judaism nevertheless supports legislation maintaining the legality and accessibility of abortion so that in those cases where our religious authorities determine that an abortion is warranted halakhically, obtaining that abortion will not be hindered by our civil law.
WHEREAS, Jewish tradition cherishes the sanctity of life, even the potential of life which a pregnant woman carries within her; and
WHEREAS, under certain unfortunate circumstances, such as when the life or health of the mother are in jeopardy, Judaism sanctions, even mandates, abortion, although Judaism does not condone or permit abortion for contraceptive purposes; and
WHEREAS, Judaism does not believe that personhood and human rights begin with conception (the premise that personhood begins with conception is founded on a religious position which is not identical with Jewish tradition); and
WHEREAS, under special circumstances, Judaism chooses and requires abortion as an act which affirms and protects the life, well being and health of the mother; and
WHEREAS, to deny a Jewish woman and her family the ability to obtain a safe, legal abortion when so mandated by Jewish tradition, is to deprive Jews of their fundamental right of religious freedom;
NOW, THEREFORE, BE IT RESOLVED that The United Synagogue of Conservative Judaism continues to affirm its strong opposition to any further weakening, limitation, or withdrawal of the 1973 Supreme Court decision of Roe v. Wade; and
BE IT FURTHER RESOLVED that The United Synagogue of Conservative Judaism, in light of the recent Supreme Court decision and the efforts of the U.S. government to limit the choices available to most Americans, must be diligent in the efforts to safeguard and preserve the full personal and religious freedom given to the American people; and
BE IT FURTHER RESOLVED that The United Synagogue of Conservative Judaism opposes any legislative attempt through constitutional amendments, the deprivation of Medicaid, family services and/or other current welfare services, to weaken the force of the United States Supreme Court's decision permitting choice; and
BE IT FURTHER RESOLVED that The United Synagogue of Conservative Judaism encourages the various provinces of Canada and the Canadian government to preserve the rights of all women to legal abortions.

(italics all mine, bolding is part of the resolution)

Even more... Jewish law mandates that a woman receive an abortion if there is something gravely wrong with the fetus, whether the mother's life is in danger or not (not sure I agree with the mandate, but would agree that she should be allowed to have one in that circumstance). The Mishnah states: "If a woman has [life-threatening] difficulty in childbirth, one dismembers the embryo within her, limb by limb, because her life takes precedence over its life. However, once its head (or its "greater part") has emerged, it may not be touched, for we do not set aside one life for another". (emphasis mine)

Therefore, according to Jewish law, life begins when the head emerges from the birth canal; not a moment earlier.
In Jewish law, a baby attains becomes a full-fledged human being when the head emerges from the womb. Before then, the fetus is considered a "partial life."
There is biblical reference to this as well, from Exodus 21:22-23:
"If two men are fighting and wound a pregnant woman so that the pregnancy is lost, but no 'great harm' occurs, he will be fined as much as her husband assesses, and the matter will be placed before a court." [And also...] "If 'great harm' does occur, it is a case of nefesh tahat nefesh, 'life for life.' "
So Torah notes a critical difference: causing the miscarriage of a fetus is a civil wrong resulting in monetary compensation (implying the fetus is not a person), while killing the mother is considered to be homicide.

From the Committee of Jewish Law and Standards, Adopted on November 21, 1983
Jewish tradition ... sanctions abortion under some circumstances because it does not regard the fetus as an autonomous person. This is based partly on the Bible (Exodus 21:22-23), which prescribes monetary damages when a person injures a pregnant woman, causing a miscarriage. The Mishnah (Ohalot 7:6) explicitly indicates that one is to abort a fetus if the continuation of pregnancy might imperil the life of the mother. (emphasis mine)

And I love this: "Politically the issue is not advocacy of the correctness of abortion, but, rather, preservation of the freedom to consult and follow an individual's personal moral code and religious tradition when making this difficult decision."

YES! This!

2 comments:

  1. Jewish law (Halacha) does NOT mandate that there be an abortion if the fetus is disabled. Jewish law ONLY mandates that there would be an abortion if it is the only way to save the woman's life. Aborting babies because they're disabled devalues disabled people's lives and, to say the least, thusly goes against the concept of Torah that all humans were created Btzelem Elokim ( in G-d's image).

    ReplyDelete
  2. "Even more... Jewish law mandates that a woman receive an abortion if there is something gravely wrong with the fetus, whether the mother's life is in danger or not."
    Wrong. Jewish law only mandates that a woman receives an abortion if it is the only way to save the woman's life.

    ReplyDelete