(Be sure to read Part 1 before starting this half)
The Rape Nonexception Factor
This is a good place to further explore the callous indifference of the hard right to rape that has a yet again naïve center-left wondering what is going on. In their twisted logic a woman who is truly Godly and virtuous cannot be raped to pregnancy because she will not dress or be provocative or intoxicated in a manner that entices a man to sexually assault her, and if one does he will not be able to achieve penetration because of her not being sexually aroused. In that theory only a woman who is sufficiently loose and in some way desiring the assault can be impregnated – remember if you will how during the 2012 election cycle some GOP pols made statements to this effect. The slander of women as the foolish temptresses is not at all novel, it goes back over millennia as per the story of sinful and seductive Eve and the apple. As vile as this deep patriarchal attitude appears to today’s ethical westerners, the traditional misogynist opinion was the norm in many societies until the modern feminist movement, and used to be used by defendants in rape cases. In some current societies a woman who was and claims to have been raped risks harsh penalties for her wantonness. At the theocon Liberty University female students who file a sexual assault complaint with school authorities are likely to find themselves charged with violating strict school rules banning sexual and related activity. It is the intent of many forced birthers to revive the legal concept that rape that can and does lead to impregnation is always a false claim. It follows that it is never justified to allow an abortion that resulted from a “rape” – incest included – that never truly occurred because she really wanted it.
Liberty for Godly Theocons, Ascendency over Secular Liberals
So do not be fooled, coming even close to actually stopping abortions is not the end goal of the forced birth agenda, making it legally and physically hard to do being part of a more important greater scheme. In concert with weaponizing abortion as an act worthy of criminalization, they use the sacred theme of All-American Religious Liberty to facilitate discrimination against those the religious right does not approve off, especially all those who are not life time monogamous heterosexuals, and allow theocon medical providers to deny reproductive services they do not approve of – do note that conservative calls for liberties religious and otherwise are carefully crafted to most favortheir liberties, for others not so much. Specific to the issue herein, SCOTUS has ruled in favor of red states that force abortion providers in violation of their free speech and religious rights and medical autonomy to inform clients of often false antiabortion information, while overturning blue state regulations that compel under handed forced birth clinics to openly inform their clients that they are expressly anti-abortion in nature because that breaches their free speech and religious rights. Got that one? And make divorce more difficult and less frequent. And don’t you pay any mind to how evangelicals denouncing masking and vaccines to protect schoolkids from covid yet further reveals how “prolife” Protestants do not truly care about young lives. And how the right demanding the liberty to not protect themselves, their children and others from covid as a prochoice position is directly contrary to their no choice about pregnancies.
Do observe that bringing deadly viruses to heel does nothing to bring back that old time culture. Banning abortions just might in theocon minds.
Not wanting to spill the beans when it comes to their true aims, birth enforcer theists I chat with are prone to start out saying they just want to save all the innocent preborn. When I ask why, they often claim it is murder. When I ask why they think that, they proclaim it a sin against God. After I point out the reasons that cannot be so – including how a million or so unborn naturally die off every day on the planet — they then resort to vaguely complaining about the decay of society and the need to bring the majority back to the good solid and sound traditional morals that are good for them. Exactly.
Up at the levels of the theocon power elites the protestations by Thomas, Alito and Barrett that the conservative wing of the court does not have a larger sociopolitical agenda in mind are very likely to be prove to be PR window dressing designed to mislead with comforting false assurances while they proceed to do what they need to do.
This giant sociopolitical power play centered on making abortion illegal started in the later 70s as the first born-again Baptist POTUS Jimmy Carter proved much too liberal for increasingly fearful and enraged evangelicals. To their growing horror they realized that the second rock and drug driven sexual revolution of the 60s and 70s they so loath, plus the similarly odious new wave feminism, were settling into being the national norm and their permanent sociosexual nightmare. Roe v Wade being a big part of the problem. The evangelicals and hardline Catholics had to suppress their age old acidic theological enmities to better face the growing cultural and political secular threat, and turned to their great grandfatherly hero and divorcee Reagan who rarely attended church. And liberalized abortion regulations when governor of California. Then the mediocre preppy Bushes. And now their manly man Trump who as their misogynist, racist, hard talking and chronic lying King Cyrus does their God’s will never mind his boorishly indecent, adulterous persona.
To sum up what theocons are up to, being a minority the largely white religious right is trying to force convert the nation into a theocratic Christian Dominionist republic in which the once traditional and dismally normal, and now radical and drearily oppressive, hard right mores are imposed on the majority for their own good. It is a classic and anti-democratic Tyranny of the Minority that cares not one wit about the opinions and desires and well-being of those they desire to bring to societal heel. Nor do they truly care about the legitimacy of SCOTUS among the American majority that theocons believe should all become theocons, and those who do not need to be under their wise thumb – what they do fear to some extent is a backlash of the majority that may for instance expand SCOTUS to negate a hardcore bench, but they have to sink or at least cripple RvW so they must run that risk. They cannot care because if they give any ground their project of national domination is moot. All the sincere stories by women who have had to obtain abortions often at great effort, or not been able to obtain one sometimes with terrible consequences, mean little to ardent abortion opponents no matter how trying the circumstances up to rape and incest because what happens to nonconservative women has no import to them and threatens their success (such stories are important for swaying fence sitters and rallying the troops as the help normalize the procedure). The women’s marches? They mean nothing to them. There is therefore no compromising. And to be fair the prochoice side cannot give any ground from their side when it comes to early term abortion — either women are full class citizens, or they are reproductive wards of the state once sperm merges with egg inside their no longer sovereign bodies.
The incredible, reckless extremes to which the theocons will cheerfully go have been laid bare by the Texas stratagem that employs citizens as cash collecting birth enforcers, forming a snitch society characteristic of the authoritarian regimes theocons pretend to despise as they work to set such up.
How Theocons Did It
A big reason a disciplined minority movement has gotten so far is because they are doing one thing very right — voting at high per capita rates — while a major portion of a perpetually electorally slack center-left has treated voting as a maybe will do it or maybe not option, rather than the urgent civic duty it is. Young adults are particularly likely to not vote. As a result theocons outvote the rest of us by about 10% per head, enough to reinforce the right leaning bias of the Senate and electoral college, which in turn allows the GOP to better control the election system – this is why the demographic predictions of permanent and solid Emerging Democratic Majority predicted a couple of decades ago has yet to come to pass. Thus a White House the theocons hold about half the time while winning the popular vote only once, a closely divided Congress that flips back and forth, a 6/3 SCOTUS, and most states run by increasingly fanatical Republicans. The one thing theoconservatives do dread is the center-left finally getting their electoral act together and making the Democratic Party the dominant party of the nation and most states, and if necessary reformulate the Supreme Court to bring it more in line with majority opinion.
How We Blew It
In contrast to the theocon’s methodical and effective, offense-based operation to deny sexual and reproductive rights as part of a relentless, mammoth cultural war, the center-left has treated abortion as an important but not really extremely urgent issue that has been largely left to a weakening SCOTUS minority to take care of thank you, using the same justification utilized in RvW half a century ago without producing additional logical legal arguments. That being such a bother what when ancient Ginsberg who refused to preserve the legacy of her seat by resigning in 2013 and her liberal court comrades would take care of matters. Right? The amazing failure of a less organized and too defensive women’s right movement to push religious rights as a key need for protecting the gender from forced birth has been as illogical as it is remiss to the point of being disastrous. A basic strategy of a movement is to go on the offensive by turning a core argument and the language of the opposition into a weakness that now hurts them more than it helps. But, like most factions, liberals like to live in a comforting cultural bubble within which such internally reinforcing progressive clique code terms as personal autonomy and sexual freedom are deployed to defend reproductive rights. Such speaking to the choir dialectics have obviously not done enough to undercut the theocon argument, a new direction is badly needed. Yet in the only major opinion journal article looking at using religious freedom to defend abortion rights I know of, a brief news commentary in The Atlanticin 2016. the reluctance of the pro-choice side to utilize the Establishment Clause of the 1stAmendment due to cultural discomfort was covered, and the ensuing improbability of such ever being done observed. Liberals just don’t like all that chat about religion and liberty, that’s right wing stuff. That would be fine if abortion rights were secure. But they are not. Just repeating the same old same old to the masses and to the courts is hardly likely to recover the situation. Time to adjust tactics and talk 1stAmendment. Take the right’s terminology such as their favorite word liberty, particularly religious liberty, and throw it right back at them. As per how gays used the conservative themes of family values and marriage to seize the legal and public relations high ground. And things are changing on an informal basis – I have been noticing of late that prochoice advocates are starting to ad-hoc state that having the intimacy of their reproduction coming under the control of the religious right as a gross denial of their religious rights, something I had not heard often before if ever. It was that combined with the deteriorating national situation, the rapidly approaching SCOTUS cases, and my work on the natural mass losses of the unborn, that caused me to produce this piece.
That abortion as a 1stAmendment religious right was not inserted into Roe v Wade from the get go is as understandable as it was a long term mistake. A half century ago the illegality of abortion was seen as a relic of old fashioned Victorianism mixed with male MDs having wanted to knock midwives out of business. Most mid 20thcentury doctors were in contrast horrified by the constant stream of women into the health care system suffering from botched abortions, with some 200 dying each year. And among religious sects only the Roman Church was consistently forced birth, Protestants being all over the map even among the evangelicals. So there was little or no thought given to addressing the religious issues back in the day. Since then forced birth has moved to front and center to the CathoProtestant theoconservative struggle to reorder the national society, and it is nearly entirely their thing. And the reliance on one section of the Constitution, the 14thAmendment, has proven dangerously narrow. So hitting back by going on the attack when it comes to the religious and health aspects of the confrontation has become obvious and imperative.
How to Win
I am not a lawyer, but one does not have to be one to know that a basic legal strategy is too present a case that is broad-based and multi-faceted as possible. For one thing, that maximizes the possibility that at least some or one the arguments seals the legal deal and wins the day. Even better, multiple lines of argument can reinforce one another, making the entire package more difficult to dismiss. Consider the following. A possible fear of citing religious freedom as a defense of abortion rights is that theocons could then use that precedent to promote religious freedom as justifying discrimination against the LGTBQ, and those seeking reproductive services. But that premise is weak because of the lack of harm to the bigot. When someone does not want to provide service to a person who is not a monogamous heterosexual, they are not actually physically harmed if they are compelled by law to do so. For example, if — as once was very common — a person holds a sincere belief that blacks or Jews are in some manner defective in the eyes of God, and that justifies their refusal to treat the latter equal to whites, then having to do so because of the Civil Rights Act does not result in real damage being done to the bigot. So the CRA is constitutional. If a pregnant woman is forced to go through her entire pregnancy, then she may die or be badly injured – hundreds die from pregnancy in a given year, compared to about a dozen from early term abortions. Medical exemptions that allow those threatened with injury or death to terminate pregnancies is far from sufficient because such often is not apparent until late in the pregnancy, when an abortion is itself risky to the mother. And her risk of serious mental distress from a long term pregnancy is many times higher. The medical risks of pregnancy alone are sufficient to ban forced birth. But the combined religious, privacy, and medical rights of persons to not be pregnant (however they became so) are most powerful when they are used to support one another.
If theists proclaim it is their religious right to not aid reproductive practices they think a God rejects, then by that criteria a pregnant woman can proudly declare that as far as she can see any overseer of a planet that has with no apparent concern of that entity terminated countless billions of preborn is fine with her doing the same. Or there is no creator in the first place. Religious liberty is not just about the freedom to be religious as one wishes the way one wishes, it is the freedom from theism. It follows that the state and/or snitches preventing her from controlling what is happening inside her is moral and legal madness and barbarity that violate her Constitutional rights in enormous spades. One advantage of advancing abortion as a religious right will be to force theocon judges to reveal the extremity of their quasi legal inconsistency if they so tilt the scales of justice in favor one set of theorights over the other, exposing their rulings as bad law. That sets up the legal brief for constitutionally overturning forced birth laws.
Late is better than never, and time is a wasting. So what needs to be done to recover the situation in court and voting booths? Along with the standards of full citizenship via autonomous reproductive privacy rights for women, begin to focus on the religious and medical liberties of handling one’s own pregnancy without interference from hardline theoconservative based government edicts or religious right empowered vigilantes as a key Constitutional right under the First Amendment. Do that by building the following case. The Founders who wrote the document did not consider the issue, and had an abortion ban been raised by Catholics it would have rejected as an obvious contravention of the 1stAmendment. Nowadays forced birth laws are an unacknowledged insidious conspiracy from one religious world view designed by right wing Protestants and Catholics to above all else to try to massively reformulate the national culture to fit their traditional faith-based image. Although they won’t openly admit that, there is abundant public theocon discourse to present as evidential exhibits. The religious nature of antiabortionism is directly exposed when they say that their – i. e. theocon – values concerning preborn life are behind the laws they advocate. As for the narrow religious view of birth enforcement a few scholars such Barbara Pfeffer Billauer https://scholarship.law.wm.edu/wmjowl/vol23/iss2/6/ are documenting how forced birthism is limited to a narrow set of religious doctrines, while many others have disagreed, going all the way back in history, rendering forced birth laws a violation of Constitutional religious right (in contrast to murder which is condemned by all mainstream cultures). It is time for the women’s right cause to get off its liberal sensibilities duff and pay close attention to such meticulous academic work.
So, when and where theocon birth forcers win their case, then only one religious opinion on the matter becomes legally operative on all fertile women to the exclusion of all others regardless of their a/theist opinion on their pregnancies. That when imposing that extreme hardline view on women of differing a/theologies denies them control and maximal safety of their bodies for extended periods. Such theologically idiosyncratic laws lack practical secular justification on the following grounds. The status of a zygote or an early term fetus as a human being is very dubious and held nearly entirely by theocons, and aborting them does not have significant adverse impact outside the body of the woman. Emphasize the sheer impracticality of enforcing a feticide ban, and actually suppress abortion rates to low levels even via draconian decrees. That means that birth enforcement is a waste of law enforcement resources that will make millions of women miserable and/or criminals while maximizing their medical danger from either pregnancies gone bad or the numerous illicit abortions that will inevitably ensue, all the while massively interfering with the deepest privacy of persons. Far more so than the mask and vaccine mandates most theocons are out of the blue rejecting as outrageous violations of personal liberty. This when there is a major effort to relieve an already overburdened law enforcement and court complex.
The deeply disingenuous and misogynist nature of government paternalism on such a colossal scale is all the more true because the persistent claims by anti-abortionists that their reproductive regulations are intended to serve the interests and safety of pregnant women regardless of her opinion on the matter, are the opposite of actual medical truth, and violate their religious and medical sovereignty when their religious views are compatible with ending pregnancies. Making this yet all the more true is that forced birth for “alleged” victims of rape/incest is part of a depraved project to decriminalize rape by legally rendering it something that cannot happen to a proper and chaste woman who does not want to have her virtue sullied, much less be impregnated. Racism is also involved in the forced birth movement because minorities are more opposed to and afflicted by abortion restrictions than whites. So is eugenics in that preventing white women from failing to reproduce is a goal of some forced birthers. Then there is the sexism of targeting the commonly discriminated against female gender with such draconian restrictions that no man has to put up with and many men which to impose. Because abortion banning laws are evidentially imbedded in a large scale religious sociopolitical agenda they blatantly violate the Bill of Rights on multiple fronts. Core rights that cannot be trumped by the religious right via government authority to force those who are prochoice nontheists or theists to give birth, just as the state cannot force women to abort their pregnancies.
As explained by Aaron Tang the original Constitution, and the 14thAmendment in association with how most state laws at the time did not ban abortion before quickening, support the right to early term abortion.
The profoundly theistic nature of the criminalize abortion movement is not being entirely ignored. Some atheosecular organizations have filed amicus briefs explicitly to that effect in relation to the Mississippi case this December https://www.au.org/wp-content/uploads/migration/2021-09/AU%20Amicus%20Brief,%20SCOTUS,%20Dobbs%20v.%20Jackson%209.20.21.pdf; . These petitions do a good job of detailing some of the clear cut religious statements and court briefs by forced birth theists. They not detail how anti-abortionism is part of a greater open conspiracy to remake the nation. In any case the religion factor must not be a legal issue raised just by nontheists, it must be mainstreamed. (A large number of center-left entities have submitted briefs to the top court, whether any cite religious freedom and how I do not know.) Pertinent to that need, one of the briefs very notably cites a 1989 opinion by Justice Stevens that has gone little noticed noting that government bans of abortion violate the Establishment Clause, that is an important mainline legal precedent by a SCOTUS jurist without an a/theistic bias to build upon.
In tandem, cite the mass death of youngsters to disprove the theocon pretense that they are merely doing the urgent bidding of a life loving creator. Same for the absence of forced birthism in scripture. Their real aims are much more theosocietal. And further seize control of the rhetoric war by saddling the prolife cause with the stark term forced birth. That is exactly what they are trying to do.
Also remiss has been the mainstream news media that has been slack in investigating and exposing the deep, extremist motives driving the opposition to legal abortion, and from that informing the nation of what they are up to. Do not, for example, merely ask an anti-abortion activist or politician if they do not want an exception for rape and why, and when they issue the standard line that they think the fetus is precious take that as a complete answer and move on to the next query. That is exactly what they want. At long last pin them down by asking if they think rape and abortion laws need to be revamped as part of a greater scheme to remake society along traditional lines. That will put the forced birth advocate in a bind — if they say yes then they will reveal their real plans and provoke harder opposition, if they say they no they may turn off their base, and if they dodge the question they risk doing both. The media needs to get on the coverage ball and do their jobs.
Is going on the offensive by bringing true religious liberty to the forefront of the pro-choice argument, going to abort the forced birth campaign in the next few years? That by compelling abortion stoppers to realize that they – seeing as how they claim to put such high priority on religious liberty and therefore should respect those who claim to be expressing such when they have an abortion — are manifestly and erroneously violating the theoliberty of theoliberals and nontheists? Considering their boldly self-sided view of liberties to date best not to hold one’s breath. But do not wave away the medium and longer term potential to seriously damage and perhaps someday sink anti-abortionism in legal venues and public opinion. Consider how marriage rights for all couples worked for gays over years, not long decades. Most critical is for the solid majority who favor women being full citizens to vote at least at the per capita rate as do those who want to use reproduction to remake American women into unsullied subservient theocons. That can render forcing birth into a fundamental violation of a pregnant woman’s religious liberty and medical needs.