Category Archives: Law

Pro-Life and Pro-Death Penalty Don’t Compare


Photo by Alicia Petresc on Unsplash

 

Trigger warning and offense disclaimer: The title should be sufficient, but in case it’s not, consider yourself  warned that this post discusses abortion. I present facts, statistics, my own experiences and opinions, none of which are meant to offend or trigger. That being said, I’ve no doubt that some people WILL be triggered and/or offended. You continue reading at your own risk.

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Although I’m writing this post in response to a Facebook post authored by one of my cousins, it’s long been on my mind and in my heart, so I decided to make it a blog post.

 

My Personal Stance

I am both pro-choice and pro-life. The two do not necessarily cancel out each other. Life is just as much of a choice as abortion. I just happen to believe that abortion is the wrong choice. I don’t condemn women who make this choice (it’s not my jurisdiction), but it does fill me with sorrow for the innocent life taken and with sadness for the woman who made that choice, because, unless she’s severely lacking on the emotional quotient scale, that choice will affect her mental health for the rest of her life.

I don’t believe there’s any difference between aborting an unborn child and murdering a five-year-old child. Both are living human beings. The survival of one should be just as important as the other.

The Bible supports the sanctity of human life (yes, I have to bring “religion” into it, because it influences my beliefs). Just a few scripture references: Genesis 9:5-6, Exodus 23:7, Psalm 22:9-10.

 

Death Penalty Versus Abortion

I am also pro-death penalty and don’t believe this to be hypocritical, as there’s really no comparison between the two. Abortion takes an innocent life before she or he has had a chance to live and exercise his or her God-given free will. The death penalty takes the life of someone who has used his or her free will to hurt others and deny them of their free will. In this case, the laws of our country and the balance of justice have weighed the evidence and testimony and judged them, as is their God-given right to do. (Romans 13:1-4, I Peter 2:13-17)

I’ve found that most people who are against the death penalty are also against murder and blood-shed in general.

Have you ever seen photos or videos of abortions? I have. (I won’t include any of those here. You’re welcome.) It’s one of the bloodiest acts I’ve ever seen. Make no mistake, abortion is VIOLENT and that unborn baby (by 6 weeks gestation, the unborn is FULLY FORMED) FEELS EVERY MINUTE OF THEIR DISMEMBERMENT.

At least in most states, the death penalty is carried out by lethal injection. How about we hack them to death while they’re awake and aware instead?

That would be cruel and unusual punishment, you say? You are correct.

 

My Argument

I present to you an argument against abortion that I have rarely seen or heard: abortion is NOT the woman exercising free will over her own body. Abortion is the murder of an innocent human life that resides WITHIN the woman’s body. A woman’s freedom to do as she likes with her body ends when that freedom endangers the life of another human being. In this case, the unborn child living within her.

This is NOT a choice of what to do with your own body; this is the decision of what to do with the body, life, soul and future of another human being. And according to the laws of this country, in any other situation, that is a crime punishable by death in some states or life in prison without the possibility of parole in others.

 

Legality vs Illegality

Prior to Roe v Wade, abortion was prohibited (illegal) in the USA. EVERY state had a statute against abortion, some more lenient than others, but most made abortion (except for fetal abnormality or rape or incest) a felony, and the 14th Amendment supported those statutes. (You remember this one: “…nor shall any State deprive any person of life, liberty, or property, without due process of law…”)

It was the height of irony then, when in 1973, Supreme Court Justice Harry Blackmun used this same Amendment to support his (majority) opinion in Roe v Wade that abortion is protected based upon the woman’s fundamental “right to privacy.” And one of the most controversial precedents to ever be set by the U.S. Supreme Court was born.

That is the ONLY thing it stands on. Abortion isn’t covered in the Constitution (like so many proponents claim), yet a judge set a precedent for it, in violation of states’ statutes against it. That’s all legal abortion is; a precedent.

The reason it’s such a hot topic in this country is because it was never put to a vote. It was never presented as a bill, it was never listed on a federal ballot. Instead, one man made the decision that said “it’s okay,” and his fellows voted either with or against.

 

Current Politics

What states are doing now with their abortion ban bills – Alabama, Georgia, others – is forcing this issue. It will eventually have to be brought to a vote to avoid a potential political civil war.

(Oh. Wait. We already have one of those.)

THIS – voting on issues that affect the nation – is how our system is supposed to work. We are a democratic republic, not an oligarchy.

 

Abortion Rate Facts: Florida

Since I live in Florida, those are the abortion rate facts I will share. For statistics in your own state, have a quick conversation with Mr. Google.

Florida records a reason for every abortion that occurs within the state. The most recent data available from the CDC (Center for Disease Control) and Guttmacher Institute (research arm of Planned Parenthood) are from 2015. That year, there were 71,740 abortions performed in Florida:

  • Pregnancy resulted from an incestuous relationship: .001%
  • Pregnancy that endangered the woman’s life: .065%
  • Pregnancy resulted from rape: .085%
  • Pregnancy threatened the woman’s physical health: .288%
  • Pregnancy threatened the woman’s psychological health: .294%
  • Serious fetal abnormality: .666%
  • Pregnancy aborted for social or economic reasons: 6.268%
  • Elective abortion (no reason): 92.330%

According to the state-level data (CDC data and Guttmacher Institute data typically have a 2-3 years reporting lag), so the more recent than 2015 details aren’t yet available, but overall in Florida:

  • Total abortions (2018): 70,083
  • Total abortions (2017): 69,064
  • Total abortions (2016): 69,770

 

What About Rape or Incest?

Do I believe that abortion is wrong in the cases of rape or incest? As a woman and a survivor of child sexual abuse, I’m still conflicted about that, and probably always will be.

As I said before, I won’t judge other women for it, but since you’re asking my opinion (thank you), I think it should be a case-by-case situation, just like the death penalty and any other legal consequence.

By the way, pregnancy resulting from rape or incest make up LESS THAN ONE PERCENT OF ALL ABORTIONS, NATIONWIDE.

You want to know what accounts for the highest percentage of abortions in this country? I’ll tell you anyway. INCONVENIENT & UNWANTED. If only there was a way to see into the future and have those women sterilized upon birth. Then they wouldn’t have to worry about a small human – INCONVENIENT & UNWANTED –taking up temporary residence in their wombs.

Something to remember: rape and incest themselves leave the victim traumatized. Aborting a pregnancy resulting from either of these will cause the woman even MORE physical and psychological trauma. When the woman is physically capable of carrying the pregnancy to term, I believe it’s best to do so, and then if she doesn’t want to keep the child, give him or her up for adoption.

 

Mental Health Issues

Which brings me to the mental health issues side of things. As I live with depression and anxiety and suffered post-partum depression, the mental health issues involved in abortion are always on the front burner of my mind.

Among other validating research, a study published in the British Journal of Psychiatry in 2011 found that “women who had undergone an abortion experienced an 81 percent increased risk of mental health problems, and nearly 10 percent of the incidence of mental health problems was shown to be directly attributable to abortion.”

Other documented mental health issues directly relatable to abortion are:

  • A suicide rate that is 3 times higher than the general suicide rate, and 6 times that associated with giving birth
  • Women who end their first pregnancy in abortion are 5 times more likely to report subsequent substance abuse than women who carried to term
  • Mood disorders substantial enough to provoke attempts of self-harm

 

The Case for Abstinence and Contraceptives

The best case scenario is abstinence. No sex until you are ready to live with any resulting pregnancy. Even the CDC advises that “the only sure way to prevent pregnancy, HIV, and other STDs is not to have sex.”

  • If you cannot afford a child, don’t have sex; if you’re in a committed relationship, use contraceptive.
  • If you aren’t mentally prepared to carry, birth and raise a child, don’t have sex; if you’re in a committed relationship, use contraceptive.
  • If you have a medical condition that would cause problems with you or the child during or after pregnancy, don’t have sex; if you’re in a committed relationship, use contraceptive.

Of course, if you’re LGBTQ, this argument doesn’t really apply to you. Most lesbians of my acquaintance who are or have been pregnant did so because they WANTED a bio-child. Otherwise, I suppose a happy side-effect of being LGBTQ is knowing that you don’t have to deal with an unwanted pregnancy.

 

The Case for Adoption

There’s also the option of carrying the child to term and giving him or her up for adoption. There are plenty of people in the USA unable to have a child who would be happy to adopt. This has the added benefit of financially supporting the pregnant woman and ensuring the child has a loving home with parents who want him or her. Ever see the movie Juno? Like that.

 

The Father’s Right

I know this is argument is at least as controversial as the topic of abortion itself. Maybe more so. (I feel thousands of hostile glances as I write this.)

Unless the case is rape or incest (in which case the male in question should be denied ALL basic human rights), I believe that the father (if known) has the right to consent (or not) to the abortion. It took two to create the pregnancy (as long as it results from legally consensual sex); it should take two to decide to terminate the pregnancy.

If the woman wants an abortion and the man doesn’t, then the man should make it worth the woman’s efforts – financial support, mental health support, etc. If the two are married, I hope they would agree on the pregnancy anyway. But if not, and the woman is healthy enough to carry the child to term, but doesn’t want the pregnancy, then the father needs to step up and be supportive enough to weigh the scales of decision in his favor.

 

My Story

I was born with a congenital heart condition, commonly known at that time (1970s) as a heart murmur. The diagnosis has changed several times in the past 45 years, but the one that’s stuck is bi-cuspid valve stenosis (of the aorta). This used to mean that at some point in my forties or fifties I would need open heart surgery to replace my aortic valve with either a metal, pig or human valve. But medicine has advanced – and my condition has stabilized – to the point that I may NEVER need a valve replacement. I give God all the glory.

Hayden, 2019.
Photo credit: @kcaphoto (https://www.kaleenacarolannphoto.com/)

What all of this meant when I became pregnant at 26, was that I was high risk, and therefore under careful scrutiny by a team of doctors. Even more so as I lived in Wichita Falls, Texas, at the time, and two women with my condition – one previously diagnosed, one not – had died on the delivery table.

Things like that have a tendency to make the doctors fussy. Hence, not only was my cardiologist nervous, and I ended up being sent to Fort Worth for an induced, early delivery, but one of my doctors wanted me to have an abortion. I refused. I saw it – and still see it – as God’s jurisdiction.

This situation is what is referred to as “medically necessary.” And yet. I survived. My child survived. We both thrived. In fact, my son is handsome (see above photo evidence) and brilliant. He will graduate high school later this month, and plans to go into the field of cyber security. I’m a proud mama.

There was NO medical necessity as far as I’m concerned.

I have a friend who was also high risk. For her, it was breast cancer. She refused to have an abortion and refused chemo until after her daughter was born. Like me, she trusted God. Her delivery was successful, as was the chemo. Today, both mother and daughter are healthy and thriving, and the mother is cancer-free.

 

Friends and Acquaintances

I have friends who have had abortions. Some of them, multiple abortions. As already stated earlier, there are life-long consequences to abortion. All of these women have suffered varying degrees of depression, anxiety and PTSD:

  • One woman, when she decided she WANTED a child, was not able to get pregnant; abortion had destroyed her womb
  • One woman hadn’t told her living children (although she may have by now; I haven’t inquired) about her abortions, for fear of their disgust
  • One woman had an abortion as a young teen – her parent’s choice – and still struggles with depression, many years later
  • One woman had an abortion because she was unwed. Though she had several children later, she has never stopped mourning the one she aborted

 

In Conclusion

Happily, statistics show significant drops in abortions over the last 25+ years. Total abortions have dropped more than 27 percent since 1998. According to Guttmacher, the first time abortions fell below 1 million since Roe v Wade was in 2013. They have continued to decline since then.

Yes. By all means, allow the woman to make the choice over her own body. The life she carries IS NOT HER OWN BODY.

I will always treat women who choose to have abortions with love and compassion. But I will never stop trying to convince them to choose LIFE over death.

 

Comments are welcome, but please be rational and respectful.

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Here are the Reasons Why I Think Prostitution Should Be Legalized


Photo Source: Unsplash.com/Darius Soodmand

Photo Source: Unsplash.com/Darius Soodmand

 

Whether “Your Choice, Your Vote 2016” results in a Republican or Democrat president, one piece of new legislation that I would like to see on his or her agenda is the legalization of prostitution.

To all those in my “conservative” circle of friends, family and acquaintances, please don’t beat a path to my door to tar and feather me. I’m addressing legalities, NOT moralities. I have valid reasons for wanting to see prostitution legalized. Prostitution has been called a “victimless” crime. Many people disagree. I’m not one of those people.

You may ask:

  • What about the families of the men (and women, because prostitution isn’t solely a female occupation) who avail themselves of this service?
  • And what about the customers/clients who come away with a sexually transmitted disease of some kind? Aren’t they victims of prostitution?

I submit to you that they are not. There are no “victims” of the act of prostitution itself. The “victimization” occurs when a client assaults the professional – rape, battery, etc., robs them of their fee, drugs them, frames them for murder (clearly I’ve been reading too many crime thrillers and watching too many police procedural shows on TV), or numerous other crimes, including sex trafficking and child prostitution. These crimes may likewise be perpetrated upon the client by the prostitute. Those are the ONLY  instances in which a simple transaction becomes a crime…just like any other simple transaction involving two or more individuals.

While adultery (and yes, having sex with someone other than your spouse is adultery, just in case you were wondering) is (morally) grounds for divorce, it is NOT a crime in the USA. Therefore, when one’s spouse has sex with a prostitute in the USA, it should not be a crime. Ergo, there is NO VICTIM – victimLESS “crime.” And if prostitution were legal, the word “crime” wouldn’t even appear in this paragraph.

If a customer/client’s sexual interaction results in a STD, that MIGHT be a crime, if the service provider knew they carried a potentially life-threatening or health-threatening disease and didn’t take steps to either inform their client, and/or use protection (usually termed “negligence”). The client and sex worker should use protection in any case, because probably neither one practices monogamy. There’s a reason it’s called “safe sex.”

Prostitution should be legalized and called something less derogatory, such as “Sex Worker” or “Licensed Companions” (a moniker borrowed from J.D. Robb IN DEATH mysteries).

Here’s my reasoning:

  • Prostitution is one of the oldest occupations known to man. It’s been around at least since the days of Lot (read your Bible, book of Genesis) and will be around until the Second Coming.
  • Prostitution is, at its core, a simple transaction – a trade of money for a service. As long as all parties are of legal age and ability to consent, according to the laws of the land in which it occurs, since when is a simple transaction a crime?
  • Here’s the important one: the government could tax and regulate the occupation of prostitution.
  • If prostitution was legalized and regulated, then it would be an insurable and licensed occupation; yearly health exams for sex workers.
  • If prostitution ceased to be a crime, then law enforcement would be able to stop wasting time trying to clear the streets of sex workers or setting up sting operations to catch clients.
  • People (and the media) wouldn’t care so much about who/where/when government officials and employees sleep with on their own time.
  • Clients could be assured of legal protection from unlicensed sex workers or those who haven’t kept up with their yearly medical exams.
  • Sex workers would have greater legal protection from unsavory clients.
  • Prostitution is legal in Nevada. (Why are they so much more progressive than the rest of the USA?)

prostiution2Another good reason for prostitution to be legalized: pornography (such as adult films) is legal in the USA, for the most part (with some qualifications, like no images/videos of minors, no sales to minors, etc.). And I can guarantee that adult film stars are better treated than prostitutes. Why is that? There’s really no difference in their occupations. Adult film stars have sex on camera for money. Prostitutes have sex …where ever… for money. How are these two things different?

We have a political policy of separation of church and state in the US. Yet, laws against prostitution are “morality” laws, which is a close cousin to “religion.” That’s a mighty fine line. So much so that it’s almost an invisible line. There are so many other things to worry about in our world – feeding and housing the homeless, ending child abuse, ending domestic abuse, ending rape and murder…why do we care if consenting adults want to charge and pay for sex with other consenting adults?

I was interested to see what others have to say about this topic, and found a lot of opinion pieces. Because this is a blog post and not a book, I’ll leave you with just a few of those pieces, just in case you’re interested.

What do you think? Should prostitution be legal nationwide in the USA? Or should we keep the “morality” law in place and continue to waste valuable law enforcement resources – and fire Secret Service members who solicit – enforcing morality instead of focusing on safety and chasing the real bad dudes and dudettes?

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