The Catholic Lawyer Volume 17 Number 1 Volume 17, Winter 1971, Number 1 Article 3 Human Life and Abortion Paul V. Harrington Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons, Ethics in Religion Commons, and the Family, Life Course, and Society Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. HUMAN LIFE AND ABORTION PAUL V. HARRINGTON, P.A., J.C.L.* Introduction E fforts to liberalize or repeal existing abortion statutes constitute one of the leading controversies today in the fields of morality, medicine, law, legislation, social and genetic engineering and population and en- vironmental control. Every statute, that involves a moral issue, must reflect the moral views of some group in the community. This fact does not prevent a legislature from acting in accordance with definitive moral teachings and it does not cause such enactments to become unconstitutional by reason of an alleged establishment of religion. From time immemorial, innocent, defenseless, human life has always been accorded a prestigious value and a preeminence of respectful recognition; our very country was founded and established on the cornerstone and principle that every human life was to receive the equal protection of the laws and was not to be destroyed without due process of law. Respect for human life is not the monopoly of any single com- munity; it cuts across all sectarian and denominational lines. When Roman Catholics oppose the legalization of abortion, it cannot be stated that they are trying to impose narrow, limited, sectarian views on a pluralistic society, since our society has always been dedicated to the principle of profound respect for innocent, human life. We are also told that Roman Catholics do not have to have abor- tions but they should not deny to others of different mind and conscience the opportunity to have a legal abortion. There are two fallacies in such a statement. The first is based on the assumption that voluntary abor- tion will never become mandatory abortion. Any knowledgeable person, * Presiding Judge, Metropolitan Tribunal of the Archdiocese of Boston. This article should be read in conjunction with a series of articles written by Msgr. Harrington concerning abortion, which appeared in THE LINACRE QUARTERLY (Nov., 1965-Feb., 1971). Any reader desiring footnotes and references should consult this publication. 17 CATHOLIC LAWYER, WINTER 1971 who witnesses the autocratic and apodictic In areas, where the continuance of the dogmatism of unofficial governmental pregnancy might threaten the life or phys- policy, the very positive statements of ical health of the expectant mother, a doc- governmental officials and the efforts to tor would be qualified to make a sound push anti-life philosophy, will realize that judgment about the advisability of an abor- mandatory abortion is only one step re- tion. However, tremendous development in moved from voluntary, legalized abortion medical science has removed pregnancy on demand. from being a threat to the life and health of the expectant mother. Where her per- The second fallacy is that the norm for sonal comfort and convenience are con- right and proper conduct is not that which cerned, where poverty might be a question, is objectively good and virtuous but rather what any given individual wants. If that or where some other economic or social be involved, the doctor, while principle were to become our guiding norm issue might technically and professionally equipped to and criterion, it would be impossible to abortion, would have ab- have any criminal laws, which proscribe perform the professional qualification or and prohibit wrongful actions. We could solutely no suggest or recommend not outlaw bank robbery; rather we would expertise to counsel, would be entirely outside have to say that bank robbery is to be per- an abortion; such competency. mitted to those who want to rob banks; his those who are opposed need not participate. When the proponents suggest leaving the We could not and should not prohibit mur- question of abortion to the conscience of der, homicide, aggravated assault, armed the individual, they are not speaking of an robbery, rape, car thefts; rather, we should informed conscience which has arrived at make such actions available to those who a definite decision on the basis of objective wish to take advantage of them while those right or objective wrong. Rather, they are who are opposed need not become involved. referring to the merely personal judgment Our norm for proper conduct can never and private opinion of the individual, which be what some persons want and what other mirrors only the personal wants, wishes, persons do not want; rather our guidelines desires and interests of the expectant and criteria must be based upon what is mother-not the rights of her unborn child objectively right for everyone; what is ob- to live and to be born. jectively wrong for everyone and what pro- The law, proscribing abortion, is neces- motes or destroys the common good and sary in order to give a defense to the un- the public welfare for everyone. born child. The law will recognize the In this same connection, the proponents inalienable and inviolable rights of the of abortion repeal state that the entire unborn child against its mother, who would question of abortion should be a matter of want to destroy him and become his exe- the private opinion, judgment and con- cutioner or against the doctor, who would science of the expectant mother herself or be intent on consigning him to oblivion. a matter between the mother and her phy- The law would grant equal protection even sician and the law should not be involved to the unborn and would insist on due HUMAN LIFE AND ABORTION process before innocent, defenseless life son or group. These could be enforced only would be destroyed and terminated. with law and under the law. We should learn from an identical moral Similarly, the right of the unborn to live issue that resulted in tragedy while the and to be born can never be enforced if his matter was consigned to the conscience, the fate or destiny rests solely with the private private opinion and judgment of the indi- conscience or the personal conviction or vidual and it could only be remedied by belief of his mother. His right to life can extensive legislation that would recognize only be protected and enforced by having, and respect the equal rights under the law of on the statute books, laws which proscribe all human beings regardless of color. and prohibit abortion. Only such a statute can defend the unborn child from his own For over one hundred years, the great mother, who might become his executioner, majority of white people in these United or from her psychiatrist, who would counsel States considered the negro to be inferior, the abortion or from her surgeon, who a second class citizen and unworthy of would destroy him. equal rights. This resulted from their con- scientious belief, their private opinion and their personal judgment. This led to tre- Ancient and Medieval Church Attitudes mendous discrimination against the negro The Roman Catholic Church has always and the total and complete denial of his held, in regard to the morality of abortion, basic, constitutional, inalienable and in- that it is a serious sin to destroy a fetus at violable rights. Under such a system, the any stage of development. There has never negro had no defense; he had no forum by been any change or wavering in this very which he could seek or demand his rights. direct and forthright moral position. How- Ultimately, the extensive civil rights leg- ever, as a juridical norm in the deter- islation of the 1960's was necessary if there mination of penalties against abortion, the was to be a recognition of the equality, be- Church at various times did accept the dis- fore God and society, of the negro with tinction between a formed and an un- the white man, if he were to be accorded formed, an animated and an unanimated the inalienable rights of a human being and fetus. a first class citizen, if he were to be allowed The Pre-Christian Ancient Laws-the to live decently, to have good housing, to Sumerian Code (2000 B.C.), the Code of have equal educational opportunities and Hammurabi (1800 B.C.), the Assyrian advantages, to have proper job opportuni- Code (1500 B.C.), the Hittite Code (1300 ties, to have equal opportunity for promo- B.C.) and the Vendidad of ancient Persia tion and advancement to administrative (600 B.C.)-recognized human life in the and executive positions. fetus, warned a pregnant woman from ter- None of these rights were recognized or minating her pregnancy, charged her and respected while the fate and destiny of the the infant's father with deliberate murder, negro rested with the conscience, the opin- if they violated this order and established ion or the judgment of the individual per- severe penalties against those who deliber- 17 CATHOLIC LAWYER, WINTER 1971 ately or accidentally caused a pregnant gerous drugs, which were used to procure woman to lose her unborn child. an abortion, were subject to prosecution. In the second century of the Christian era, There is indirect evidence in the 9th and abortion was considered a separate crime 6th centuries B.C. that abortion was for- and a woman, who intentionally sought an bidden and penalized in Greece.