The law problem

Last Saturday, I had my first long-form interview on the Shared Sacrifice BlogTalkRadio show. It was more than a little nerve-wracking. The great thing about Shared Sacrifice is that guests get a full hour to talk about the issues that are important to them. The difficult thing is — guests get a full hour to talk about the issues that are important to them! I’m very much an introvert, so it’s rare for me to talk to anyone for an hour straight about anything.

It went pretty well, with one exception. The question of legal policy came up, as it always does, and I had a lot of trouble with it. It’s very hard to answer. I know what’s wrong. It’s wrong that unborn human beings have no status in law. It’s wrong for the destruction of one of our daughters or sons before birth to be considered the equivalent of an appendectomy.

It’s also wrong that Amalia in Nicaragua can’t be treated for cancer because she’s pregnant. It’s wrong that a woman who has a miscarriage could face prosecution in Utah. It’s wrong that Christine Taylor could fall down a flight of stairs and then be arrested for attempted feticide after she went to the emergency room to see if she and her baby were OK.

I know what I want. I want social and legal recognition that in every pregnancy, there are two (or more) lives whose needs and interests we need to balance.

What I don’t know is how to get there from here. I don’t know how to get to the point of balancing two people’s interests when we only acknowledge one person’s existence. I also don’t know how to legally acknowledge the personhood of the unborn, in anything remotely resembling the current political climate, without inviting situations like Amalia’s and Christine Taylor’s.

I know what we can do. We can make the case for the human personhood of both pregnant women and the children they carry. We can urge people to consider that when they have sex, they are responsible for the well-being not only of themselves and their partners, but of any children they might conceive as well. We can work for women’s freedom to make all nonviolent choices regarding sexuality and reproduction. We can work for laws that directly benefit both mother and child, such as the expansion of prenatal care in Nebraska.

Beyond that … I’m just not sure.

I would very much like to hear your thoughts, either here or at All Our Lives. What laws can pro-balance people favor to bring about justice for women and children without contributing to the further oppression of either party?

(cross-posted to All Our Lives)