The Texas Anti-Abortion Law & Lies

English: Seal of Texas

In 2013 Texas passed a law imposing strict conditions on abortion providers and justified it by asserting that its intent was to improve patient safety. Opponents contend that it is aimed at restricting abortion and that there is no medical justification for the law. The issue has reached the Supreme Court which is currently down to eight justices due to the death of Antonin Scalia. As always, the battle over abortion is philosophically interesting.

One rather interesting matter is the fact that proponents of the law insist that it is solely intended to improve the safety of women. One reason for this is that openly asserting that the law is intended to restrict abortion would be politically and legally problematic. After all, the Supreme Court has consistently held that women do have a right to abortion and that laws cannot impose an undue burden on women. Hence, the law is presented as aimed at addressing a health issue rather than restricting abortion. This leads to the question of whether or not the claim about the intent of the law is plausible.

Opponents of the law have pointed out a blatant inconsistency: procedures that impose more risk than abortion (such as a colonoscopy) do not face the restrictions imposed on abortion. If the true intent was to protect the health of patients, then the same restrictions would be applied to procedures that presented equal or greater risk. While it might be argued that the legislature decided to just address one procedure at a time, they have had ample time to advance bills covering other procedures. Their failure to act consistently shows rather conclusively that the law is an anti-abortion law, despite the claim that it is motivated by health concerns.

Opponents have also pointed out that the medical experts and professional medical organizations uniformly hold that there is no medical justification for the law. As should be expected, supporters of the law claim that they know better than the medical experts. While experts are not always right, the majority opinion of the qualified experts is the most reasonable thing to accept as true. Especially when the opposing view is put forth by non-experts who have a clear bias in the matter (they are anti-abortion). Thus, by the reasonable standards of freshmen level critical thinking, the rational choice is to believe the medical experts. As such, the medical justification for the bill is unfounded and this would seem to leave as its only plausible goal the restriction of abortion.

It could be argued that the supporters of the law are truly motivated by concerns about health and truly believe that the law is in accord with best medical practices. This would require attributing to such supporters the inability to understand the principle of consistency and either ignorance of the medical facts or an unfounded rejection of experts.

A more plausible explanation is that the supporters are being disingenuous—they are well aware of the inconsistency and medical facts and support the law because it is an effective means of creating undue burdens on women seeking abortion.

If supporters are engaged in lying to defend the law, then the moral matter of these lies becomes a point of concern. On the face of it, such deception would seem to be morally wrong—especially lies told by legislators to the public.  A moral person, one might argue, would be honest about the facts and her intent and would not resort to duplicity.

This could be countered by appealing to the consequences of the lies. The idea is that the good done (in terms of reducing the number of abortions) would outweigh any evil arising from the lying. That is, this could be defended on the grounds of lying for a good cause. This assumes many things, such as abortion being morally wrong and the principle that the consequences of a lie can morally justify the lie.

Another approach to justifying the lies is to accept that the lies are wrong, but that the evil of abortion cannot be countered if one is honest about the facts and one’s intentions. The Supreme Court has ruled that the state cannot constitutionally put an undue burden on a woman seeking an abortion. Justice Stevens has defined “undue burden” in terms of its severity as well as lacking “a legitimate, rational justification.” In the case of the Texas law, if the honest admission was made that the law was intended to make accessing abortion as difficult as possible and that there is no medical basis for the law, then it would be easy enough to show that it would fail the undue burden test. After all, this admission would be a direct admission of such a failure.

However, if the claim is made that the law is intended to protect the health of women and is based on medical considerations, then it becomes more difficult to establish the existence of an undue burden. It could thus be argued that opponents of abortion are required to lie in order to limit abortion. As such, it is the law of the land (as interpreted) that is making them lie—so they are not morally to blame. They have no choice if they are to oppose what they regard as a great evil.

One counter is that the law is not making them lie—they can be truthful about their anti-abortion law. They just need to provide a legitimate, rational justification for imposing the restrictions they wish to impose. This seems like a reasonable requirement for any law. After all, if no legitimate, rational justification can be provided, then the law would be illegitimate and unjustified.

A possible counter to this is to claim that Roe v. Wade has set a precedent making it impossible to provide legitimate, rational justifications for the restrictions they wish to impose. As such, they must lie to achieve their end.

The reply to this is that they do not need to lie—they need to try to get Roe v. Wade overturned. This, of course, will result in the counter that this either cannot be done or, at the very least, will take too long—hence they need to lie now and perhaps forever in order to achieve their goal of restricting abortion. While this can be seen as a reasonable position, there is certainly something problematic about using systematic lying to achieve an allegedly moral end.

 

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