(This article was reprinted in the magazine of the Institute for Ethics & Emerging Technologies, May 17, 2016, in Church and State and in Critical Perspectives on Abortion (Analyzing the Issues), Anne C. Cunningham, ed., Enslow Publishing 2017.)
Abortion continues to make political news, but a question rarely asked by politicians or other interlocutors is: what do professional ethicists think about abortion? If ethicists have reached a consensus about the morality or immorality of abortion, surely their conclusions should be important. And, as a professional ethicist myself, I can tell you that among ethicists it is exceedingly rare to find defenders of the view that abortion is murder. In fact, support for this anti-abortion position, to the extent it exists at all, comes almost exclusively from the small percentage of philosophers who are theists. And even among theists, opposition to abortion is far from unanimous. Yet few seem to take notice.
To support the claim that the vast majority of ethicists reject the pro-life position, consider the disclaimer that appears in the most celebrated anti-abortion piece in the philosophical ethics literature, Don Marquis’ “Why Abortion Is Immoral.” Marquis begins:
The view that abortion is, with rare exceptions, seriously immoral has received
little support in the recent philosophical literature. No doubt most philosophers
affiliated with secular institutions of higher education believe that the anti-abortion position is either a symptom of irrational religious dogma or a conclusion generated by seriously confused philosophical argument.
Marquis concedes that abortion isn’t considered immoral according to most ethicists, but why they not, for the most part, find abortion morally problematic? Perhaps professional ethicists, who are typically non-religious philosophers, find nothing morally objectionable about abortion because they aren’t religious. In other words, if they were devout they would recognize abortion as a moral abomination. But we could easily turn this around. Perhaps religiously oriented ethicists oppose abortion because they are religious. In other words, if there were not devout, they would see that abortion isn’t morally problematic. So both religious and secular ethicists could claim that the other side prejudges the case.
However, it is definitely not the case that secular ethicists care less about life or morality than religious ethicists. Consider that virtually all moral philosophers believe that murder, theft, torture, and lying are immoral because cogent arguments underlie such prohibitions. Oftentimes there is little difference between the views of religious and secular ethicists regarding moral issues. Moreover, when there is disagreement among the two groups, perhaps the secular philosophers are ahead of the ethical curve with their general acceptance of abortion, homosexuality, and certain forms of euthanasia.
How then do we adjudicate disputes in the moral realm when ethicists, like ordinary people, start with different assumptions? The key to answering this question is to emphasize reason and argument, the hallmarks of doing philosophical ethics. Both secular and religious individuals can participate in rational discourse to resolve their disputes. In fact, natural law moral theory—the dominant ethical theory throughout the history of Christianity—claims that morality is grounded in reason, which implies that what is right is supported by the best rational arguments. Natural law theorists argue that by exercising the human reason their God has given them, they can understand what is right and wrong. Thus secular and religious philosophers work in the same arena, one where moral truths are those supported by the best reasons.
That ethicists emphasize rational discourse may be counter-intuitive in a society dominated by appeals to emotion, prejudice, faith, and group loyalty. But ethicists, secular and religious alike, try to impartially examine the arguments for and against moral propositions in order to determine where the weight of reason lies in the matter. Ethicists may not be perfect umpires, and the truth about moral matters is often difficult to determine, but ethicists are trained to be impartial and thorough when analyzing arguments. Some are better at this than others, but when a significant majority agrees, it is probably because some arguments really are stronger than others.
Now you might wonder what makes ethicists better able to adjudicate between good and bad arguments than ordinary people. The answer is that professional ethicists are schooled in logic and the critical thinking skills demanded by those who carefully and conscientiously examine arguments. They are also trained in the more abstract fields of meta-ethics, which considers the meaning of moral terms and concepts, as well as in ethical theory, which considers norms, standards, or criteria for moral conduct. Moreover, they are familiar with the best philosophical arguments that have been advanced for and against moral propositions. So they are in a good position to reject arguments that may influence those unfamiliar with favored positions.
All this education doesn’t mean that the majority of ethicists are right, so individuals who disagree with them may choose to follow their own conscience. But if the vast majority of ethicists agree about an ethics issue, we should take notice. It might be that the reasons you give for your fervently held moral beliefs don’t stand up to critical scrutiny. Perhaps they can’t be rationally defended as well as those reached after conscientious, informed, and impartial analysis. This doesn’t mean that you should ignore your conscience and accept expert opinion, but if you are serious about a moral problem you should want to know the views of those who have thoroughly studied the issue.
At this point, you might object that there are no moral experts because ethics is relative to an individual’s opinions or emotions. You might say that the experts have their opinion and you have yours, and that’s the end of it. Perhaps our view of behaviors in the moral realm are similar to how we view carrots—some people like them and some don’t. This theory is called personal moral relativism. However, not only do most ethicists reject moral relativism, so must pro-lifers. After all, pro-lifers don’t think that the moral prohibition against abortion is relative; they think it’s absolute. They believe that there are good reasons why abortion is immoral and any rational person should accept those reasons. However, these reasons must be evaluated to see if they are really good ones; to see if they convince other knowledgeable persons. Yet so far, the pro-life arguments haven’t persuaded many ethicists.
Lacking good reasons or armed with weak ones, many will object that their moral beliefs derive from their Gods. To base your ethical views on Gods you would need to know: 1) if Gods exist; 2) if they are good; 3) if they issue good commands; 4) how to find the commands; and 5) the proper version and translation of the holy books issuing commands, or the right interpretation of a revelation of the commands, or the legitimacy of a church authority issuing commands. Needless to say, it is hard, if not impossible, to know any of this.
Consider just the interpretation problem. When does a seemingly straightforward command from a holy book like, “thou shalt not kill,” apply? In self-defense? In war? Always? And to whom does it apply? To non-human animals? Intelligent aliens? Serial killers? All living things? The unborn? The brain-dead? Religious commands such as “don’t kill,” “honor thy parents,” and “don’t commit adultery” are ambiguous. Difficulties also arise if we hear voices commanding us, or if we accept an institution’s authority. Why trust the voices in our heads, or institutional authorities?
For the sake of argument though, let’s assume: that there are Gods; that you know the true one; that your God issues good commands; that you have access to those commands because you have found the right book or church, or had the right vision, or heard the right voices; and that you interpret and understand the command correctly—even if they came from a book that has been translated from one language to another over thousands of years, or from a long-ago revelation. It is almost impossible that you are correct about all this, but for the sake of the argument let’s say that you are. However, even in this case, most philosophers would argue that you can’t base ethics on your God.
To understand why you can’t base ethics on Gods consider the question: what is the relationship between the Gods and their commands? A classic formulation of this relationship is called the divine-command theory. According to divine command theory, things are right or wrong simply because the Gods command or forbid them. There is nothing more to morality than this. It’s like a parent who says to a child: it’s right because I say so. To see how this formulation of the relationship fails, consider a famous philosophical conundrum: “Are things right because the Gods command them, or do the Gods command them because they are right?”
If things are right simply because the Gods command them, then those commands are arbitrary. In that case, the Gods could have made their commandments backward! If divine fiat is enough to make something right, then the Gods could have commanded us to kill, lie, cheat, steal and commit adultery, and those behaviors would then be moral. But the Gods can’t make something right if it’s wrong. The Gods can’t make torturing children morally acceptable simply by divine decree, and that is the main reason why most Christian theologians reject divine command theory.
On the other hand, if the Gods command things because they are right, then there are reasons for the God’s commands. On this view, the Gods, in their infinite wisdom and benevolence, command things because they see certain commands as good for us. But if this is the case, then there is some standard, norm or criteria by which good or bad are measured which is independent of the Gods. Thus all us, religious and secular alike, should be looking for the reasons that certain behaviors should be condemned or praised. Even the thoughtful believer should engage in philosophical ethics.
So either the Gods commands are without reason and therefore arbitrary, or they are rational according to some standard. This standard—say that we would all be better off—is thus the reason we should be moral and that reason, not the Gods’ authority, is what makes something right or wrong. The same is true for a supposedly authoritative book. Something isn’t wrong simply because a book says so. There must be a reason that something is right or wrong, and if there isn’t, then the book has no moral authority on the matter.
At this point, the believer might object that the Gods have reasons for their commands, but we can’t know them. Yet if the ways of the Gods are really mysterious to us, what’s the point of religion? If you can’t know anything about the Gods or their commands, then why follow those commands, why have religion at all, why listen to the priest or preacher? If it’s all a mystery, we should remain silent or become mystics.
In response, the religious may say that, even though they don’t know the reason for their God’s commands, they must oppose abortion because of the inerrancy of their sacred scriptures or church tradition. They might say that since the Bible and their church oppose abortion, that’s good enough for them, despite what moral philosophers say. But in fact, neither church authority nor Christian scripture unequivocally opposes abortion.
As for scriptures, they don’t generally offer specific moral guidance. Moreover, most ancient scriptures survived as oral traditions before being written down; they have been translated multiple times; they are open to multiple interpretations; and they don’t discuss many contemporary moral issues. Furthermore, the issue of abortion doesn’t arise in the Christian scriptures except tangentially. There are a few Biblical passages quoted by conservatives to support the anti-abortion position, the most well-known is in Jeremiah: “Before I formed you in the womb I knew you, and before you were born I consecrated you.” But, as anyone who has examined this passage knows, the sanctity of fetal life isn’t being discussed here. Rather, Jeremiah is asserting his authority as a prophet. This is a classic example of seeking support in holy books for a position you already hold.
Many other Biblical passages point to the more liberal view of abortion. Three times in the Bible (Genesis 38:24; Leviticus 21:9; Deuteronomy 22:20–21) the death penalty is recommended for women who have sex out-of-wedlock, even though killing the women would kill their fetuses. In Exodus 21 God prescribes death as the penalty for murder, whereas the penalty for causing a woman to miscarry is a fine. In the Old Testament, the fetus doesn’t seem to have personhood status, and the New Testament says nothing about abortion at all. There simply isn’t a strong scriptural tradition in Christianity against abortion.
There also is no strong church tradition against abortion. It is true that the Catholic Church has held for centuries that activities like contraception and abortion are immoral. Yet, while most pro-lifers don’t consider those distributing birth control to be murderers, the Catholic Church and others do take the extreme view that abortion is murder. Where does such a strong condemnation come from? The history of the Catholic view isn’t clear on the issue, but in the 13th century, the philosopher Thomas Aquinas argued that the soul enters the body when the zygote has a human shape. Gradually, other Christian theologians argued that the soul enters the body a few days after conception, although we don’t exactly know why they believed this. But, given what we now know about fetal development today, if the Catholic Church’s position remained consistent with the views of Aquinas, they should say that the soul doesn’t enter the zygote for at least a month or two after conception. (Note also that there really is no moment of conception.)
Thus the anti-abortion position doesn’t clearly follow from either scripture or church tradition. Instead what happens is that people already have moral views, and they then look to their religion for support. In other words, moral convictions aren’t usually derived from scripture or church tradition so much as superimposed on them. (For example, American Christians used the Bible to both support and oppose slavery.) But even if the pro-life position did follow from a religious tradition, that would only be relevant for religious believers. For the rest of us, and for many religious believers too, the best way to adjudicate our disputes without resorting to violence is to conscientiously examine the arguments for and against moral propositions by shining the light of reason upon them. Having done this the vast majority of ethicists have concluded that abortion isn’t generally morally problematic.
It also clearly follows that religious believers have no right to impose their views upon the rest of us. We live in a morally pluralistic society where informed by the ethos of the Enlightenment, we should reject attempts to impose theocracy. We should allow people to follow their conscience in moral matters—you can drink alcohol—as long as others aren’t harmed—you shouldn’t drink and drive. In philosophy of law, this is known as the harm principle. Now if rational argumentation supported the view that a zygote is a full person, then we might have reason to outlaw abortion, inasmuch as abortion would harm another person. (I say might because the fact that something is a person doesn’t necessarily imply that’s it wrong to kill it, as defenders of war, self-defense, and capital punishment claim.)
But for now, the received view among ethicists is that the pro-life arguments fail, primarily because the fetus satisfies few if any of the necessary and sufficient conditions for personhood. The impartial view, backed by contemporary biology and philosophical argumentation, is that a zygote is a potential person. That doesn’t mean it has no moral significance, but it does mean that it has less significance than an actual person. An acorn may become an oak tree, but an oak tree it is not. You may believe that your God puts souls into newly fertilized eggs, thereby granting them full personhood, but that is a religious belief which isn’t grounded in science or philosophical ethics.
As for American politics and abortion, no doubt much of the anti-abortion rhetoric in American society comes from a punitive, puritanical desire to punish people for having sex. Moreover, many are hypocritical on the issue, simultaneously opposing abortion as well as the only proven ways of reducing it—good sex education and readily available birth control.
As for many (if not most) politicians, their public opposition is hypocritical and self-interested. Generally, they don’t care about the issue—they care about the power and wealth derived from politics—but they feign concern by throwing red meat to their constituencies. They use the issue as a ploy to garner support from the unsuspecting. These politicians may be pro-birth, but they aren’t generally pro-life, as evidenced by their opposition to policies that would support the things that children need most after birth like education, health-care, and economic opportunities.
But what politicians and many ordinary people clearly don’t care about is whether their fanatical anti-abortion position is based on rational argumentation. And, according to most ethicists who have carefully examined the problem, it does not.