On the Anniversary of Roe v. Wade
by
William L. Anderson
The
30th anniversary of the U.S. Supreme Court’s "Roe
vs. Wade" decision predictably will bring out the worst in
sexual politics in this country, as the disinformation will flow
on both sides, but especially from those who actually support this
abomination of judicial act. Since the newspapers and airwaves will
be filled with myths about this awful anniversary, I figure that
it is time to set the record straight about a few things.
Myth
#1: Roe vs. Wade "legalized" abortion.
Before
the court’s decision, abortion was a matter left to the states,
and the restrictions varied. Many states such as Texas – from where
Roe vs. Wade originated – prohibited abortion except in special
cases where the life or health of a woman was seriously jeopardized
by a pregnancy. Others, such as New York and California had no such
restrictions.
Roe
vs. Wade did not "legalize" abortion as such, but rather
was a punitive ruling that forbade states from restricting abortion
during the first 12 weeks and basically abolishing most restrictions
all the way until actual birth. To put it another way, it forced
states to make abortion on demand a legal entity.
Let us assume, for example, that Roe were repealed by a future U.S.
Supreme Court. While no doubt many Pro-Life activists would declare
victory (and there would be much angst with the pro-abortion groups),
all that would occur would be that the issue once again would go
back to state legislatures, where the issue had been before 1973.
There is a zero chance that a U.S. Supreme Court in overturning
Roe would also declare abortion illegal, so even if Roe is repealed,
many states such as New York, California, Maryland, and most of
the New England states, along with many western states, would continue
to permit abortion on demand, given their political makeup. To put
it another way, while Roe may be symbolic to groups on both sides
of the debate, it is not the end of the line.
A
corollary myth that goes with state prohibition of abortion is that
thousands of women each year were dying from illegal abortions.
(Abortion advocates like to hold up signs depicting coat hangers
with a slash through them – another form of disinformation.) While
some women did die from illegal abortions, it was a rare occurrence.
For that matter, many women today die or are severely injured from
legal abortions, but such numbers are taboo in modern discourse,
since one of the other myths propagated by our modern media is that
legal abortion basically is a means for women to be able to safely
control her "reproductive choices."
Myth
#2: The "Civil Rights Movement" and Pro-Life advocates
are natural allies.
This
is a myth that is pushed by conservatives, both secular and religious,
who hold that if Martin Luther King, Jr., were alive today, he would
be allied with those who oppose abortion. Such opinions represent
wishful thinking, as King was a strong supporter of Planned Parenthood,
the foremost abortion advocacy group in this country and currently
the largest provider of abortions in the United States. (Planned
Parenthood even awarded King its highest honor, the Margaret Sanger
Award, in 1966.)
Before
I look at Sanger and her beliefs (part of the next myth), let me
first say that the process that gave us the Civil Rights Act of
1964 and Roe vs. Wade was the same: the centralization of law, removing
much law from the purvey of the states – where the U.S. Constitution
of 1787 had put such matters – and transferring that power to the
central government. For all of the accusations of racism against
them, people like Barry Goldwater (and even Strom Thurmond) did
not oppose the Civil Rights Act out of racial motives (both men
were considered to be moderate to liberal on social issues of race)
but rather because it was an attempt to use the Constitution’s Commerce
Clause in an unconstitutional manner. (I am not saying that all
opponents of this act were racial liberals who opposed the act
out of legal principle, but rather that it was possible to believe
without racial animus that such policies constitutionally were up
to the states, not the federal government. Furthermore, I believe
that one can believe in freedom of association and not be a racist.)
In
fact, much of the "civil rights" establishment then and
now has been tied to the sexual politics of the left, and especially
Planned Parenthood. While there are some pro-life people who are
supportive of a strong federal role in "civil rights"
matters, they are and always will be in a minority. The "civil
rights" movement as we know it today is a child of the Progressivist
movement, which had its genesis in the late 19th Century.
This is ironic, of course, as the Jim Crow laws of the states and
federal government that arose during that period were very much
part of Progressivism and had their ultimate fulfillment in the
presidency of Woodrow Wilson, perhaps the most virulent racist (other
than Abraham Lincoln) ever to occupy the White House.
That
these two movements would be wedded is not as strange as it might
sound, since both sought to take powers from the states and give
them to the central government. Both were part of the larger movements
to destroy freedoms of association and freedoms of conscience, legal
powers given to the state that are now so firmly entrenched that
all organized religion is permanently imperiled in the United States.
Unfortunately,
the modern Pro-Life movements also are seeking to create "federal
solutions" to issues regarding abortion. From attempts to create
the "partial-birth" abortion restrictions to establishment
of a constitutional amendment banning abortions, pro-lifers have
sought to use the very mechanisms that gave us Roe vs. Wade in the
first place. In other words, they are attempting to implement legal
tools that have destroyed individual freedom in the name of protecting
freedom. Such actions, I believe, will only lead to more tyranny,
even if they actually do help stem the tide of legal abortions (which
I seriously doubt would actually be the case.)
Myth
#3: Abortion liberates the poor, who otherwise would be forced to
have unwanted children. Advocates of abortion have done so in large
part because of their love for the poor.
For
all of the talk about the supposed "social conservatism"
of black Americans, black elites have been at the forefront in promotion
of extremely liberal pro-abortion policies. This is not by accident,
even though the early advocates of abortion, and especially Margaret
Sanger, saw abortion as a way to reduce the population of what they
believed were "socially undesirable" racial groups, and
especially blacks.
Sanger
wrote that many blacks were "human weeds," "reckless
breeders," and "human beings who never should have been
born." Furthermore, she said in 1923 that the government should
reward couples that permitted themselves to be sterilized, since
that would bring about racial "purification." Birth control,
she wrote, would "create a race of thoroughbreds."
Sanger,
who subscribed to both doctrines of socialism and progressivism,
was hardly alone in her desire to engage in wide-scale social engineering.
The eugenics movement had its roots in progressivism, and had adherents
not only within intellectual circles in the United States, but also
saw fruition in Lenin and Stalin’s revolutionary Soviet Union and
Hitler’s Germany. Even though the Nazis and communists clearly demonstrated
the very dark side of eugenics, it is more "respectable"
today than ever, having been accepted by liberal establishments
in the USA and Europe.
For
example, Peter Singer, the founder of the modern animal rights movement
and an endowed professor at Princeton University, may be controversial
to pro-lifers, but has been well-accepted by his Ivy League colleagues
who really cannot understand why people are so upset with his belief
that parents out to be able to have their children put to death
even months after their births, or that doctors should have the
opportunity to kill babies after birth who demonstrate "defects."
The Netherlands permits doctors to kill patients (without their
consent) who are deemed useless, and this rot has worked its way
even into supposed Christian clergy.
A
terrible example involves Michael Green, a British cleric writing
in New
Life, New Lifestyle (published by InterVarsity Press, 1973).
Written to those who recently have converted to the Christian faith,
Green approvingly quotes Anglican Bishop Hugh Montefiore, who rewrote
the Ten Commandments and reproduces the rewrite in his book. On
the fifth commandment, in which children are told to "honor
your father and mother," Green writes, "Honor your father
and mother, but not seek to prolong their natural term of life so
that they are miserable." On the seventh commandment, the prohibition
against adultery, he says, "You shall not commit sexual sin
by producing more children than is your right."
Margaret
Sanger, who was openly hostile to Christianity, easily could have
been the author of such "commandments," as could have
been Peter Singer. For that matter, Martin Luther King, Jr., himself
could have written such words.
We
do have the speech he wrote that was delivered to the Planned Parenthood
audience by his wife, Coretta, in acceptance of the Margaret Sanger
Award, and it must be read to be believed. Here was King honoring
a woman whose beliefs regarding blacks were no more charitable than
the views of Ku Klux Klan Imperial Wizard Sam Bowers.
While
King never mentioned abortion in his speech, he could not have been
uninformed of Sanger’s views, and I do not think his remarks were
made in ignorance. In his lecture, he also believed that family
planning would be a key to future to American blacks escaping poverty.
The
problem, according to King, was that too many rural blacks who had
moved to the cities were having too many children. He wrote:
During
the past half century Negroes have migrated on a massive scale,
transplanting millions from rural communities to crammed urban
ghettoes. In their migration, as with all migrants, they carried
with them the folkways of the countryside into an inhospitable
city slum. The size of family that may have been appropriate
and tolerable on a manually cultivated farm was carried over
to the jammed streets of the ghetto. Our sure beginning in the
struggle for equality by nonviolent direct action may not have
been so resolute without the tradition established by Margaret
Sanger and people like her. In all respects Negroes were atomized,
neglected and discriminated against. Yet, the worst omission
was the absence of institutions to acclimate them to their new
environment. Margaret Sanger, who offered an important institutional
remedy, was unfortunately ignored by social and political leaders
in this period. In consequence, Negro folkways in family size
persisted. The problem was compounded when unrestrained exploitation
and discrimination accented the bewilderment of the newcomer,
and high rates of illegitimacy and fragile family relationships
resulted…. For the Negro, therefore, intelligent guides of family
planning are a profoundly important ingredient in his quest
for security and a decent life.
King
was hardly alone in his disdain for rural blacks. He grew up as
an elite in the black community of Atlanta, which itself was one
of the most elite black societies in the nation. Atlanta was also
the home of elite black colleges such as Morehouse, and people who
attended such higher education institutes looked disdainfully at
rural-oriented colleges such as Tuskegee Institute in Alabama, which
was founded by Booker T. Washington and was most famous for having
the well-known scientist George Washington Carver on its faculty.
(Washington,
who believed that black "equality" with whites could be
reached only through hard work and investment, was roundly attacked
by elite blacks who thought him to be an "Uncle Tom" or
worse. On the other hand, Washington saved his most harsh criticism
for professional "civil rights" activists, who he believed
were making race relations worse, not better.)
Although
King traditionally has been seen as an advocate for poor blacks,
his speech to Planned Parenthood demonstrates his elitist roots
that saw poor blacks basically as breeders of poverty. At least
one answer to "solving" the problem of black poverty,
he believed, was for black families to become smaller. While he
did not endorse coercive measures in his speech, his lavish praise
for Sanger, who did advocate government coercion in the area
of birth control and abortion, certainly raises suspicions in my
own mind. Just as the city planners of the Progressive Era believed
that one could eradicate poverty by destroying slums and building
parks and government housing, Sanger’s allies have believed that
to get rid of poverty, all one has to do is to make sure that poor
people never have children.
Myth
#4: Roe vs. Wade was the natural extension of the rights granted
by the U.S. Constitution, and especially the Bill of Rights.
I
could write an entire book on this one myth alone. In his majority
opinion, Justice William Brennan declared that the Constitution
contains a "penumbra" of rights, and from this "penumbra,"
the high court was able to derive a "right" to abortion.
The
first thing to remember is that rights do not emanate from the U.S.
Constitution, or from any legal document, for that matter. The framers
of that document believed in natural rights for individuals and
held that the purpose of government – its only legitimate purpose
– was to protect rights that individuals already owned. It
was not up to the government or the courts, they believed, to "discover"
new rights, something that conflicts with the obvious belief of
most Americans – and most of the members of the U.S. Supreme Court
– that rights are something that the government permits us to possess.
The
second thing to remember is that if rights are granted by the state,
then those rights also can be taken away. Once upon a time, governments
prohibited abortion because it ended an innocent human life, which
was held to be sacred. The courts today now hold that unborn human
life has no value and deserves no protection. To put it another
way, the government by granting a "right" to abortion
to a woman for almost any reason, could do it only by guaranteeing
the destruction of human life. In other words, government did not
expand rights; it deprived one group of humans a right to
life in the process of permitting another group of humans the choice
of not carrying their pregnancies to term.
There
is much disagreement among libertarians as to what should be permitted
in a free society in the area of abortion. Some of my libertarian
friends support abortion rights, and others believe that it is abominable
for human life to be ended in this manner.
However,
I do find common ground in one area: most seem to hold, like I,
that Roe vs. Wade was and is a judicial fraud. It is not the product
of a free society, but rather is one more example of the state running
amuck. If it is ever overturned (and I doubt it will), I for one
will not mourn its passing.
January 22, 2003
William
L. Anderson, Ph.D. [send him
mail], teaches economics at Frostburg State University in Maryland,
and is an adjunct scholar of the Ludwig
von Mises Institute.
Copyright
© 2003 LewRockwell.com
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