Sunday, May 26, 2019

Country, County and Choice

Country, County and Choice 



          I don’t “believe” in abortion. I don’t “approve” of abortion. I think it’s a sad and tragic decision whenever a woman is faced with an unfortunate and unplanned pregnancy that demands such a choice be made. Not all pregnancies are the result of irresponsible, reckless or wanton behavior. There times when forcing a woman to carry a fetus to term will only result in the destruction of both her life and the life the child. But what I think doesn’t matter.

          The only person who has the right to make that decision… whether to terminate a pregnancy or not… is the woman whose body and life will be affected by it. The Supreme Court ruling in Roe vs. Wade that recognized the right of a woman to undergo a safe and legal abortion has been the law of the land for almost half a century. It took a back alley practice out of the hands of butchers and gave it to the legitimate doctors that were willing to help women take control of their lives and bodies; often at the risk of their own lives and careers.

          For decades, opponents of abortion have fought tooth and nail to take away the rights of women when it comes to abortion. Using both legal and lethal means, Right wing conservatives, highly religious groups and extreme zealots have been trying to deny women anywhere in our country the fundamental right that Roe vs. Wade recognized. They want to prohibit women from accessing safe and legal abortions despite polls that say the majority of Americans believe in a woman’s right to choose.

          States are passing ever more restrictive laws that are designed to deny women access to abortion services regardless of the reasons. Even in cases where the pregnancy is the result of a rape or incest or where the health of the mother is threatened. Most of these laws have been struck down as unconstitutional by courts. Sadly, that doesn’t stop states, usually states that are controlled by the Republican Party, from trying.

          If the leak of the draft opinion is correct it seems that the SCOTUS is about to reverse Roe vs Wade and hand the anti-abortion movement their wish. But it just might be a case of being "careful what you wish for" for abortion opponents.

          It brings to mind another attempt to prohibit the American people from exercising a right that everyone was granted but did not necessarily indulge. A small but very motivated group of zealots managed to get the members of congress to pass a constitutional amendment banning the sale and consumption of alcohol across the nation. Despite the fact that about two thirds of Americans did not approve of prohibition, the proponents of the issue used tactics that targeted individual members of congress. They organized in local ways that threatened the jobs of national politicians.

          Their actions and threats to evict from office any member of congress that opposed them resulted in the capitulation of enough politicians that they voted for the 18th amendment; not because they cared about the issue, but they cared about keeping their jobs.

          By the time the congress got around to repealing prohibition 15 years later, by a measure that matched the numbers of Americans that wanted it repealed, about 75%, the damage to our nation was done. Organized crime syndicates were born and the violence and carnage that became the trademark of such criminal enterprises became a part of our history that still exists today. Once alcohol became legal again, the syndicates simply moved on to such enterprises such as drugs, prostitution and gambling.

          Despite the repeal, the results of the vote to repeal prohibition did not mean that alcohol was available everywhere in the US. In many states and counties, the sale and, in some cases, the consumption of alcohol remained illegal. These places are often referred to as “Dry” states or counties. There are 33 states that allow cities, towns and counties to pass local laws and ordinances that control or outright ban alcohol. There are 17 states that deny cities and towns the right to prevent the sale and distribution of alcohol.

          The opponents of abortion rights are trying similar tactics in their fight to ban abortion nationwide. They are using the courts and flooding them with legal challenges. They are targeting politicians in districts where voters are largely Pro-life and using a single issue to force politicians to agree or lose their job. They want to force the entire nation to bend to their will.

          Prohibition was based on a small group’s moral standards. While it succeeded for a short time, the damage it did to our country far exceeded the benefits.  In the end it came down to where, instead of trying to impose the will of a minority upon the entire nation, it became the responsibility of individual cities towns and counties to decide for themselves whether they wanted to ban or allow alcohol in their lives.

          And therein lays the solution to a woman’s right to have an abortion.

Trying to deny the rights of a specific group of people, women, with laws that are based on moral or religious standards that have no legal basis goes against everything that this nation is based on. The will of the majority does not over-rule the rights of the individual.  The concept of individual rights and liberties are the bedrock that the Constitution was designed to protect.

           I have a huge problem with any religious or political group feeling they have some moral or divine imperative that compels them to make a decision that impacts an entire nation. Deciding to have an abortion is an immensely personal one. However, insisting that every community accommodates that choice is unreasonable.  If the majority of people don’t want to allow abortions in their city or town, then let the voters make the decision to ban it there.

           The right to have an abortion is one that every woman was promised by Roe vs. Wade. But that doesn’t mean that every municipality has to allow such clinics to function within the boundaries of their community. Like the sale of alcohol, communities should be allowed to deny the licensing and or establishment of a business that the citizens, the voters, don’t approve of. And no matter how you feel about abortion, a place that provides such a service is a business.

          People that comprise a community can’t deny women their right to have an abortion. Yet, the people in any city, town or county, by a formal vote, should have the right to permit or deny any business that does not comport with their community standards. No matter how much revenue such businesses bring in, these businesses will never be welcome.

          However, there will be those communities that recognize that such businesses mean money by way of taxes and fees that feed their coffers.

          The concept of what is moral does not relate to what is legal. There are a lot of people who think that gambling is immoral. There are a lot of places where it is both legal and encouraged. If you don’t want to gamble no one can force you to wager your money. But, frankly, if someone wants to gamble, it’s none of your business.

          The Roe vs. Wade ruling guarantees an individual woman the right to have an abortion, but it doesn’t force individual communities to accommodate her in accessing those services. It is a matter of country vs. county. While it is a right granted to every woman in our nation that does not mean that every town in our country has to provide access to such a business.

          What a woman does with her body, with her life, is no-one’s business. Yet, that doesn’t mean everyone has to do business with her. Many communities will not allow abortion services to do business in their jurisdiction. There are just as many places where the citizens will recognize the right and take advantage of the taxes and revenue that these businesses provide.

          You may think it is wrong, but that doesn’t make you right.