I have stood on both sides of the abortion debate. I was raised conservative. Most of my family is conservative. But I became more liberal as an adult. In listening to both conservatives and liberals argue their side of the debate they have something fundamental in common: both are motivated by a desire to care and protect. Liberals want to protect the rights, autonomy and health of women. Conservatives want to protect the life of the unborn.

Both sides see the other as monsters out to attack. They think that because the other side works to thwart their efforts to protect, that the other side intends harm. But that's not true. Neither side wants to inflict harm. They may be willing to inflict harm to protect another, but that is not the same as wanting to inflict harm. Those who are pro-choice don't want to kill babies; they want to protect women and sometimes killing the unborn is the unfortunate cost. Similarly those who are pro-life aren't necessarily motivated by a desire to control women*; they want to protect the unborn and limiting some rights of women is the cost.

* This of course comes with some sticky caveats. There is plenty of sexism among many who are pro-life, and plenty of hardliners who think women should be subservient. And those people's sexism does color there views of women's reproductive autonomy. But there are also moderate pro-lifers who otherwise value the rights of women. You don't have to be sexist to be pro-life. Anecdotally the pro-lifers I know personally are in the latter group.

soundtrack for this post

Yesterday, Ireland passed a referendum that will repeal a constitutional amendment that banned abortions. The government of Ireland will now have the explicit authority (as soon as the results are certified) to legislate matters of abortion directly. This seems likely to lead to a substantially less restrictive stance toward abortion in one of the most restrictive member nations of the EU. It would still likely end up being slightly more restrictive law than in the United States.

Ireland's history regarding abortion's legality is explicitly tied as a counter-reaction to Roe V. Wade, the American supreme court case that found abortion legal until the third trimester under a rights-balancing test under the 9th and 14th amendments (which--implicitly--enshrines a right to privacy and--explicitly--expands that right to the state level, respectively). While this balancing test was later changed to a standard requiring "fetal viability," states and activists through the United States organized against the Supreme Court's decision to create new limitations on abortion.

So today, I'm seeking to sidestep some of that history to wrestle with the core underlying balancing test Roe v Wade and other similar legal frameworks have tried to answer: when is a pregnant woman's rights more or less important than the life of the living being growing inside of her? In what circumstances (if any) should a woman be allowed to choose to end her pregnancy?