(The piece responds to the fanatics—the American Taliban—want to impose their religious beliefs on all of us . And by the way, there is no fetal heartbeat at 6 weeks because there is no heart at 6 weeks. A 6-week old embryo is about the size of a grain of sand.)

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.

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.

Still, 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 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 God’s 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 of 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 which, informed by the ethos of the Enlightenment, should reject 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 the 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 that 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 convincing rational argumentation. And, according to most ethicists who have carefully examined the problem, it does not.

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For another excellent discussion of this issue I refer you to

A Dozen Observations about Abortion, Texas, and the Supreme Court

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