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Jacob M. Appel

Jacob M. Appel

Posted: May 1, 2010 06:09 PM

During last week's heated debate in Florida's House of Representatives over a misguided measure to require pregnant woman to pay for an ultrasound before obtaining an abortion, Representative Janet Long of Tampa, a progressive and highly-regarded member of the Democratic caucus, made a statement in opposition to the bill that was as rhetorically compelling as it was intellectually concerning. She told opponents: "Stand down if you don't have ovaries."

The remark proved memorable enough that it was picked up by New York Times opinion columnist Charles Blow, whose otherwise excellent Op-Ed on the wave of anti-abortion legislation that is sweeping through state legislatures made an explicit endorsement of this sentiment. The underlying premise seems to be that since women are the ones forced to bring unwanted fetuses to term when abortion rights are curtailed, they have a greater stake in the outcome of such debates -- and therefore more right to influence policy on the subject.

I can sympathize with the frustration that might lead to such an outlook. At the same time, as someone without ovaries who has written and marched for reproductive freedom through my entire professional life, and who has been threatened repeatedly as a result, I fear the ongoing effort to frame the abortion debate primarily in gender terms remains both politically unwise and ethically unsound. Rather than urging men to stand down, abortion-rights advocates should reach out to convince men that they have a deep and equal stake in preserving reproductive choice.

An unfortunate public perception -- advanced by the media and abortion opponents, but all too often accepted by feminist organizations -- is that abortion rights are inherently and primarily a women's issue. This is actually a dangerous concession to those who would restrict or criminalize abortion. Any meaningful philosophical or policy debate over abortion should begin with the question: When, if ever, does a fetus acquire enough "personhood" to limit significantly the rights of another human being? For if fetuses did possess the same degree of "personhood" as born people, then no rational thinker would favor abortion rights. Instead, abortion would be akin to a situation in which one of two conjoined twins sought to murder the other in the name of personal freedom.

Those who favor abortion rights presumably share my belief that fetuses do not possess "personhood"-- that they are not meaningfully human. That is very different from declaring that fetuses are fully-realized human beings, but women should be able to abort them anyway. Defining abortion as a "women's issue" all too easily enables opponents to characterize the struggle as one between the "rights of the mother" and the "rights of the child" -- which, to pro-choice thinkers, it most certainly is not. Often, this leads abortion-rights advocates to be perceived as agents of identity politics, as part of a special interest group (i.e. women) promoting its private agenda.

Rather than "winning" the abortion debate, efforts to tag abortion opponents as bigoted against women merely cloud the underlying issues. For example, the proposition that it is sexist for states to pay for Viagra but not for abortion, which one hears all too often in liberal circles, sounds speciously appealing, but is actually rather reductive and shows a stunning inability to grapple with the ideology of abortion opponents. (If one believes abortion kills babies, as some folks sincerely do, of course the taxpayers shouldn't pay for it.) I can think of hundreds of powerful reasons why the government should pay for abortions--but the frequent claim that it's sexist to pay for ED drugs, but not pregnancy termination, or even women's contraceptives, is so deeply illogical and philosophically simplistic that it actually adds to the challenge of making the case for public funding.

When pro-choice advocates emphasize the leading role that men play in organizations opposed to abortion, they compound this perception. It is certainly true that a sizeable number of anti-abortion leaders are bankrolled by, and subservient to, the Vatican, and that Pope Ratzinger reserves all meaningful positions of power in his church hierarchy for men. However, many of the most radical critics of abortion rights are women, including Operation Rescue's Cheryl Sullenger and the Army of God's Shelley Shannon -- not to mention the nation's most outspoken (if not articulate) abortion opponent, Sarah Palin. To say that Antonin Scalia opposes Roe v. Wade because he lacks ovaries does little to explain the jurisprudence of Harry Blackmun or William Brennan. I do not know exactly what percentage of anti-abortion leaders are male or female, a meaningless figure that inevitably varies based upon how one defines the sample. But I am confident that describing 77% of anti-abortion leaders as men, as one popular T-shirt does, is not particularly relevant, and is possibly even counterproductive.

So why should abortion rights matter to men? The most obvious and dramatic reason, although likely not the most persuasive, is that the lives lost through illegal abortions will be of our sisters and daughters and partners. I have often heard that interest described as "secondary" -- after all, some naysayers ask, how can one compare a woman's interest in her own life or health with a male relative's interest in her wellbeing? The reality is that many males do value of the lives of their loved ones, and particularly their daughters, as much as their own. Needless to say, so do women.

To put the matter more bluntly: I know many men who would gladly suffer a slow death themselves if it could prevent their wives or girlfriends or daughters from succumbing to septic shock on a mattress in an underground abortion clinic. Anyone who argues that men don't merit an equal voice in the abortion debate does a grave disservice to these fathers and brothers and partners.

The second reason that abortion is a men's issue is that the entire sexual revolution, from which boys benefit as much as girls, relies heavily upon the right of pregnant women to terminate unwanted pregnancies. Couples, both single and married, would risk intimacy with considerably less frequency -- and would deny themselves one of life's greatest pleasures -- if they knew that the outcome might be a child that they had no desire to bear or raise. Personally, I would never have intercourse with a woman unless I were highly confident that she would terminate a pregnancy that we were not both ready for. If the law were ever changed to prohibit that option, I doubt that I would have sex with anyone until I was prepared to start a family. Recognizing that no form of birth control is ever foolproof, not even the rhythm method, I imagine most intelligent, responsible men and women, if denied an opportunity for legal termination, would make a similar decision to forgo certain forms of sex.

In fact, many abortion opponents relish the prospect of rolling back the sexual progress of the 1960s and 1970s. Pro-choice women would do well to emphasize this to their lovers. These women could take a page from Aristophanes, whose play Lysistrata relates how the women of Greece deny their husbands sexual privileges until they agree to abstain from warfare. If pro-choice women consistently refused to sleep with anti-choice men, or even men who were indifferent or who voted for anti-choice candidates for non-abortion-related reasons, they might be stunned to discover how many new recruits entered the abortion rights movement. Incidentally, if you are single, looking, and reading this, I urge you to add "Pro-Choice Only" to your next personal ad.

Men also have a clear stake in the large-scale social consequences of criminalizing abortion. Assuming all heterosexual couples who did not want children were unable or unwilling to remain celibate, our society would soon swarm with a costly and tragic plague of unwanted children. Inevitably, many of these kids would suffer from severe birth defects -- diseases or disabilities which, with the legalization of abortion, we have made great strides toward eradicating. Taxes and health care costs would inevitably rise to pay for the care of these victims. Other unwanted offspring would compel parents--and here, I suspect the majority might indeed be mothers -- to forgo the educational and professional opportunities that best enable them to raise strong families. Professors John Donahue of Yale and Steven Levitt of the University of Chicago, writing in "The Impact of Legalized Abortion on Crime," and in subsequent research, have even made a persuasive (albeit controversial) argument that criminalizing abortion could lead to increases in violent crime. In short, banning abortion would have significantly negative social consequences that extend well beyond the bedroom. Many of these consequences, although certainly not all, would harm males as much as females.

Arguing that men should have equal say in the abortion debate is not the same thing as claiming that men should have a say as to whether a particular woman, such as a wife or daughter, has an abortion. As a default policy, they should not. But when, if ever, men should have a say at this personal level is a challenge that neither pro-choicers nor society has yet fully grappled with. For example, should a surrogate mother be able to contract away her right to have an abortion? Under what circumstances? Would enforcing such a contract reduce liberty by restricting bodily autonomy or vindicate liberty by increasing the power that women have to make binding choices regarding their bodies? These are challenging bio-ethical questions, even for the most progressive advocates of abortion rights. Certainly men deserve a seat at the table when these issues are discussed.

Increasingly, pro-choice activists are noting the political downside of relegating men to second-class status in abortion discourse. As Amanda Marcotte, a Pandragon.net blogger, recently told Newsweek: "When the anti-choice side pulls energy from both men and women who are eager to halt sexual liberation and control female bodies, and pro-choicers can only look to women, we're already running at half capacity." That is indeed salient political wisdom. But it would be unfortunate if men merely became an auxiliary force in the abortion-rights movement -- or if they were relegated to the sort of secondary role that women have been historically, all too often, in other progressive political movements.

After all, the abortion controversy is not merely a political debate over the rights of women. It is an ethical and social conflict over how we choose to shape our society and a defining struggle for the soul of our civilization. One does not have to fear carrying an unwanted fetus in order to have a meaningful opinion about when live begins, any more than one has to be a slave in order to speak on behalf of the joys of freedom. The reason that Janet Long's adversaries in the Florida legislature should "stand down" is because they are wrong about abortion -- not because of what they have between their legs.

 
 
 
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02:49 AM on 05/05/2010
"Recognizing that no form of birth control is ever foolproof, not even the rhythm method..."

NOT EVEN? This has to be a typo; surely he meant to say "PARTICULARLY the rhythm method."

What do you call a woman who relies on the rhythm method for birth control? MOMMY.

That's not my only problem with the writer's approach, but it's the only one I have energy for at the moment. Good gravy. The rhythm method. The method the Catholic Church endorses because it DOESN'T work.
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Okiemama
10:37 AM on 05/04/2010
How many leaders of the Catholic Church are female? How many priests are female? How many leaders of the fundamentalist churches in this country are female? Being raised in the latter type of church I know the brainwashing of females that goes on within these churches. Men are there to make decisions for us. These religions are two of the biggest opponents to abortion in this country. At the beginning of the twentieth century, childbirth was the leading cause of death for women. Modern medicine has reduced the risk, but it is not risk free. It is still the leading cause of death for women in many places in the world. Pregnant women are at higher risk for abuse than non-pregnant women. Pregnancy is still something only women can doand risk their lives to do. The fight for birth control, the right to vote, and for abortion rights were done primarily by women. I laughed at the comment that the right to vote was won by enlightening men and women. It was won by a hunger strike and a deal with Wilson to support the war if he supported sufferage. Hunger strike and deal by women. Remember also the laws against birth control were done by men.
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06:08 PM on 05/04/2010
I agree.
10:27 PM on 05/04/2010
Beautifully said, Okie.
10:01 PM on 05/03/2010
I don't think any of this is really about fetuses, it's about the religious right trying to roll back society to a time before reliable contraception, legal abortion, and therefore the normalization of sex before marriage. What I REALLY want to know is, do they actually think that by making abortion illegal that suddenly we'll all be in a 1950's mindset and lifestyle again? Abortion is illegal in plenty of countries, but it goes on there all the time. It went on here before 1973, and it will be even easier now that you can use the internet to hook up with what you need, either some Cytotec or a guy with surgical supplies he ordered from China. And they can forget out outlawing contraception after that, there would be zero public support for that pharmaceutical companies will always win the battle.
been2there
Facts have a liberal bias.
09:25 PM on 05/03/2010
The body that is required to be involved is the body that makes the choice. Men's bodies are involved at conception; after that they lose the final say. Women's bodies are involved from conception to birth, and the final say is theirs for just that reason.
02:50 AM on 05/05/2010
Amen.
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Lorianne
ama vitam
08:43 PM on 05/03/2010
Janet Long apparently doesn't know that there are more pro-Life women than pro-Life men.

Does she really want to go toward political apartied ... having a gender test to vote on certain issues?
I'd think that over more carefully Ms. Long
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Okiemama
10:02 AM on 05/04/2010
"More pro-Life women than pro-Life men" Do you have the statistics to back that one up? Anecdotal evidence does not count.
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Lorianne
ama vitam
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06:04 PM on 05/04/2010
And still, those pro-life women have a CHOICE to choose NOT to have an abortion. I don't even understand the argument here.

No woman is forced to have an abortion. That would be illegal and I would protest that.

But women have a choice now. Let's leave the choice TO each individual woman.
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porsche996
an inelastic scattering of photons
04:27 PM on 05/03/2010
There is a very good reason why Roe v Wade was decided by the SCOTUS as an issue of Privacy. It is one of THE most private of issues.

Please allow women in the USA to enjoy their privacy and stop trying to control that which is clearly not within your control or possible for you to control, women's health.
03:08 PM on 05/03/2010
"But it would be unfortunate if men merely became an auxiliary force in the abortion-rights movement -- or if they were relegated to the sort of secondary role that women have been historically, all too often, in other progressive political movements. "

Why would it be unfortunate if men were secondary or an auxiliary force in this fight? What's wrong with that?

Methinks this is a control issue for you. If men want to be considered EQUAL partners is this movement, then they need to do more work within the movement. Just the fact that you framed this as "secondary" - as if there is some sort of gender hierarchy within this movement - is a red flag. Though some men are very active in the movement, it does not mean that men in general are.

You shouldn't even be concerned with "men's secondary status" within the movement. You should be concerned with the whittling away of abortion rights and access.
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06:01 PM on 05/04/2010
Biologically, men can ONLY be and auxiliary force in this movement. The only people who can be on the firing line are women capable of bearing children. Even us pro-choice grandmas are a part of the auxiliary force.

And that's OK. We can still do some good work.
02:31 PM on 05/03/2010
Do you really think that if it was men who could get pregnant that this would be any kind of issue at all? Unless and until that is possible, abortion is a women's health issue. Kudos to men who are sympathetic to women in this area, but they cannot walk that mile in her place - it is ultimately her choice BY LAW. She certainly should consult the father - if he is someone she can and is willing to consult. Incest? Rape? Government should get their hands out of her vagina and let her make the decision with facts - not rhetoric as her guide.
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PunKinPai
Tact is just not saying true stuff. I’ll pass.
02:57 PM on 05/03/2010
I forget the origin of the quote, but it's a good one: "If men could get pregnant, abortion would be a sacrament."
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darcdante
03:07 PM on 05/03/2010
This is an unprovable hypothetical which already assumes the very premise is it trying to help prove: that men want to control women's bodies. It's begging the question.

It is fully possible to support women's rights but still be pro-life. I have no desire to control any woman. Besides, a vast portion of the fetuses we kill have the genetic code of a female.
02:55 AM on 05/05/2010
@PunKinPai: Gloria Steinem is given credit for that line. However, in a 2006 interview, she herself said she got it from a cabbie in Boston:

'Steinem brightens. "You know who said that? Years ago, I was in a taxi in Boston or Cambridge. There was an old Irish woman taxi driver. Flo Kennedy, the civil rights activist, was my speaking partner at the time. We were sitting in the back talking about abortion and the taxi driver turned around and she said, 'Honey, if men could get pregnant, abortion would be a sacrament.' And I've always been so sorry that I didn't get her name." '

http://www.boston.com/ae/events/articles/2006/11/24/hanging_with_gloria_steinem/
02:24 PM on 05/03/2010
Good article. It's unfortunate that most of the commenters seem to miss the point entirely. It's also fairly ironic that there are women commenting and protesting a man's place in the discussion while simultaneously acknowledging a man's place in the discussion by responding at all.
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inspjoe
take two go to right
02:09 PM on 05/03/2010
I have a vasctomey. It seams funny that its old white men that want to pass bills against womens reproductive rights. I also have a young daughter and her mother and i have told her whats she needs to know. we are both pro choice
02:53 AM on 05/05/2010
It seems funny to me how incorrect you are. An overwhelming number of African Americans and Hispanics are pro life. I respect your pro choice position, but you should at least educate yourself with some facts. Because it's not primarily "old white men" that are pro life. That's what seems funny to me.

http://www.zogby.com/Soundbites/readclips.cfm?ID=8087
03:48 AM on 05/05/2010
I think the piece of the puzzle you're missing here is that the people who hold the power to restrict women's choices are overwhelmingly white and male.
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01:58 PM on 05/03/2010
I appreciate that Mr Appel is pro-choice. But that's as far as he can go with it.

That means he is FOR leaving the decision up to the woman.

I am pro-choice as well, and will fight for any woman's right to decide, but even I ( a woman) cannot have any more of a say than that as I am too old to bear any more children.

Individually, each woman decides who she allows into the decision-making process--husband, boyfriend, parents. . . . But no one but the woman can make the ultimate decision.

That's just biology.
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parlimentMike
Terrorists keep you in fear
02:20 PM on 05/03/2010
Some men are even pro-choice for incredibly self-centered women, who think they own the sole key to the continuance of the species. Right is right even if it is also something a person who tries too hard to be unlikable wants.
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darcdante
02:26 PM on 05/03/2010
Excellent post! I love how you also point out that women who cannot bear children due to age (too young or too old) would be affected by such logic.
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porsche996
an inelastic scattering of photons
01:20 PM on 05/03/2010
Pro-choice people also think you should not be involved in this conversation.

When men are involved in this controversy, there is violence and people die.

Women own this issue, not men, men should butt out and give women room to talk and decide what's best for them and their bodies.

Find another emotional issue for you to work out your stuff within.
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Salty 2
01:56 PM on 05/03/2010
Oh really. The father of this child is responsible to pay for all bills from the moment of conception That child is as much his as it is hers. And by the way that child is what gets thrown in the trash. No part of the womens body gets dumped. That child is a seperate entity in the womans body, not part of her body. It's not a womens rights issue. It's a humans right to live issue.
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PunKinPai
Tact is just not saying true stuff. I’ll pass.
02:28 PM on 05/03/2010
The father may be responsible, but in actual practice an unfortunate number of them never step up to the plate and the mother is left having and raising the child on her own. It's not up to me, or you, to determine for any woman what her belief system should be, whether her body must be subjected to the rigors of childbirth, and that she be burdened with the financial and emotional expense of raising a child. Tell you what -- don't have an abortion and leave other women out of your decision.
been2there
Facts have a liberal bias.
09:31 PM on 05/03/2010
No part of the man's body helps to support the fetus. No one can force another person to surrender the autonomy guaranteed by law; I cannot force you to let me use your body to sustain mine post-birth, and the unborn cannot force an unwilling mother to sustain them.
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darcdante
12:36 PM on 05/03/2010
Sex should be used to win debates? "You voted for a Republican for mayer? Well I'm not sleeping with you then!" Seems silly to me.
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vim876
12:44 PM on 05/03/2010
Silly? Perhaps. Effective? Yes. How do you think women won the right to vote in this country?
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darcdante
12:48 PM on 05/03/2010
By enlightening both men and women that they should be able to vote.
01:12 PM on 05/03/2010
Activism, protests, lobbying... not sex.

Duh.
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bklynsparrow
creating reality from unreal things
12:34 PM on 05/03/2010
"but the frequent claim that it's sexist to pay for ED drugs, but not pregnancy termination, or even women's contraceptives, is so deeply illogical and philosophically simplistic that it actually adds to the challenge of making the case for public funding. "

But it really isn't. It's ok to pay men to have the ability to make babies, but put the onus on women when they get pregnant? Because basically this is what it boils down to. Ed drugs are so men can enjoy themselves, but anti-abortionists continually blame the woman if she also wants to enjoy herself sexually. Now if you told me ED drugs came with a built spermicide, I could see your point.
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darcdante
12:51 PM on 05/03/2010
Takes two to tango. ED drugs benefit not only men, but presumably the women who would like to sleep with those men. I'm also inclined to blame both parties for irresponsible sexual conduct that may result in an unwanted pregnancy. It would be highly unfair to blame only the woman for "wanting to enjoy herself sexually."
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abbienormal
What hump?
12:56 PM on 05/03/2010
What if the couple used birth control and it failed?
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bklynsparrow
creating reality from unreal things
01:10 PM on 05/03/2010
That is true but doesn't change the fact that no one complains about allowing men full access to ED drugs. It takes 2 to Tango but one side of the tango is not paying the same price.
12:23 PM on 05/03/2010
This is a convoluted argument aimed in the right direction at making an important point. Fathers should have a SAY in abortion. And there should be a consequence to the woman if the father’s opinion is disregarded. The idea that only women should have a say in abortion is like saying that only men can use public sidewalks and buildings because only men built them. It is now, and always has been, an arrogant and tyrannical position.
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hypyrwyf
ignorance begets fear begets violence
12:27 PM on 05/03/2010
That only works if they build them inside their bodies.
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PunKinPai
Tact is just not saying true stuff. I’ll pass.
02:34 PM on 05/03/2010
Great reply!
12:42 PM on 05/03/2010
In relationships where both partners are actually partners then I would say that fathers do have a say in abortion though as the at-risk partner the mother would have to have final call. When men don't bother to get to know their partners, don't get involved with the contraception options open to them or assume that the woman they are having sex with is 100% covered against pregnancy, then no. If all they can do is whine about having to pay the costs of their 50% stake in the upcoming child, then no. In my experience, responsible men are always consulted by their partner and the decision is hard but mutual. So simple- be responsible.