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THE HUMAN LIFE REVIEW SPRING 2006

the HUMAN LIFE REVIEW SPRING 2006 Featured in this issue William Murchison on Too Late for Debate Chris Smith on Planned Parenthood Inc Ramesh Ponnuru on Weeding Out the Unfit Sandi Seyferth on The Story of Grace Mary Meehan on Supremes Flunking History Brian Clowes on Scientific Racism Harold 0.1 Brown on Choice before Life Ian Hunter on Honouring Life Also in this issue lohn 0 Sullivan Richard Stith Alicia Colon Thomas Berg LC Wesley 1 Smith Published by The Human Life Foundation Inc NewYork New York Vol XXXII No 2 7.00 a copy

ABOUT THIS ISSUE the Human Life Foundation was delighted to host a book launch at Fordham University this spring for Review contributor Melinda Tankard Reist's Defiant Birth Women Who Resist Medical Eugenics Spinifex Press Ms Reist a peripatetic Australian who's also travelled to Rome London and Washington D C to promote her important and eye opening book was introduced by Nat Hentoff the Foundation's 2005 Great Defender of Life honoree Our thanks to both of them and to the many subscribers who helped make the event a big success In this issue we reprint a chapter from Defiant Birth The Story of Grace p 35 and we have a store of books in the office for anyone who wishes to order one 15.95 Insisting on Life the collection of Mr Hentoff's work we published in conjunction with our award dinner last year is also available 10.95 just give us a call 212 685 5210 or email us at humanlifereview mindspring com if you're interested Ramesh Ponnuru whose work for National Review we regularly reprint also has a new book out The Party ofDeath The Democrats the Media the Courts and the Disregard for Human Life Regnery As you will see in the chapter we feature here Weeding Out the Unfit p 29 it too is an important new contribution to the pro life intellectual arsenal You can order a copy on National Review's website nationalreview com or check your local bookstore Chris Smith ofNew Jersey has been a tireless crafter of pro life legislation in the House for 25 years I had the pleasure of meeting him last April at a Crisis dinner honoring him and his wife Marie During his remarks the congressman mentioned a recent floor speech he'd given which he later agreed would also be at home in the Review Planned Parenthood Time to take a Second Look at Child Abuse Inc p 15 is another reason we can be happy this Mr Smith went to Washington Not far from D C is Front Royal Virginia home of Human Life International the Catholic organization no relation to us that describes itself as pro life missionaries to the world We're happy to welcome Brian Clowes HLI's research director whose first article for us The Mathematics ofApplied Scientific Racism p 52 documents how pro death missionaries to the world like Planned Parenthood systematically target minorities for abortion We'd also like to extend a Welcome back to Harold OJ Brown Choice before Life The Victory of the Abstract over the Real p 64 who last wrote for us in 1996 and to Ian Hunter whose March address to the Southwestern Ontario Right to Life Annual Banquet we include here Honouring Life p 71 is dedicated to the memory of John Muggeridge our late senior editor As it happens Mr Hunter's last article for us in 1992 was an appreciation of John's father Malcolm Finally a mea culpa last issue I said the National Catholic Register was the nation's oldest Catholic paper Not so Both the Wanderer and Our Sunday Visitor I'm told have been around longer Still at 79 the Register's no upstart ANNE CONLON MANAGING EDITOR

INDEX

Editor Maria McFadden Senior Editors Ellen Wilson Fielding Faith Abbott McFadden Mary Meehan William Murchison Managing Editor Anne Conlon Consulting Editor Europe Mary Kenny London Contributors Lynette Burrows James Hitchcock Rita L Marker William McGurn George McKenna David Quinn Wesley J Smith Business Manager Rose Flynn DeMaio Production Manager Christina McFadden Publishing Consultant Edward A Capano Founding Editor J P McFadden Published by THE HUMAN LIFE FOUNDATION INc Editorial Office 215 Lexington Avenue 4th Floor New York N Y 10016 Phone 212 685 5210 The editors will consider all manuscripts submitted but assume no responsibility for unsolicited material Editorial and subscription inquiries and requests for reprint permission should be sent directly to our editorial office Subscription price 25 per year Canada and other foreign countries 30 U S currency ISSN 0097 9783 2006 by THE HUMAN LIFE FOUNDATION INC New York N Y Printed in the U S A the HUMAN LIFE REVIEW Spring 2006 Vol XXXII No 2 Introduction 2 Maria McFadden Too Late for Debate 7 William Murchison Planned Parenthood Time to Take a Second Look at Child Abuse Inc 15 Chris Smith Weeding Out the Unfit 29 Rarnesh Ponnuru The Story ofGrace 35 Sandi Seyferth How the Supremes Flunked History 41 Mary Meehan The Mathematics ofApplied Scientific Racism 52 Brian Clowes The Victory ofthe Abstract over the Real 64 Harold O J Brown Honouring Life 71 Ian Hunter Appendices 82 John O'Sullivan Richard Stith Alicia Colon Thomas Berg LC Wesley J Smith

INTRODUCTION

INTRODUCTION WE OPEN THIS ISSUE WITH SENIOR EDITOR William Murchison's exasperated appeal can't we talk about abortion Let's have a debate Real democratic debate We have not had it The Supreme Court in Roe foreclosed any wide and useful consideration of the profound question at hand Indeed the question of human life and its meaning joins itself to every other question under the sun and yet even though most Americans have at least some misgivings about abortion proponents of Roe are determined to squelch any meaningful public dialogue Murchison writes about a time of growing restlessness over the duty imposed on state governments to adhere to Roe and recent attempts by some states to restrict abortion South Dakota has gone so far as to attempt a near total ban One could call the Dakotans brash but Democracy is brashness brazenness effrontery on the hoof Democracy is also about compromise but How do we compromise I inquire with a do it our way High Court looking over all our shoulders I believe this condition is called an impasse An impasse is exactly the er status Roe that abortion rights supporters seek to preserve as Murchison writes Arguments in support of the Roe regime have increasingly a Rhett Butlerish quality Frankly certain Americans don't give a damn whether their fellow citizens dislike Roe They want things their way A valiant fighter against this impasse is the Republican Congressman from New Jersey Chris Smith Smith has spent his long career he's been in the House since 1981 fighting for in his own words human rights and healthcare He has fought for protection of the unborn protections for women and children against sex trafficking and violence for veterans rights for autism research funding for better healthcare in developing countries and the list could go on We reprint in this issue a floor speech he gave last February in which he sets forth for the record the truth about one of the prime supporters of status Roe Planned Parenthood Inc Smith begins by defending his own good name against Planned Parenthood's malicious attacks they accused him of attacking the political rights of women The occasion was as he explains his sponsoring of an amendment which would authorize funding for treatment centers to correct a terrible condition obstetric fistula which afflicts many women in developing countries Planned Parenthood backed efforts to mandate that the new centers expand access to contraception which would have excluded faith based health groups opposed to abortifacients from receiving the funds Smith goes on to reveal Planned Parenthood's massive body count With its primary emphasis on abortion family planning and pre natal care make up a tiny part of its services Planned Parenthood provides nearly one out of every five abortions performed and their numbers are rising even as abortions nationwide have declined They run a hugely profitable business subsidized by American 2 SPRING 2006

THE HUMAN LIFE REVIEW taxpayers in 2004 Planned Parenthood performed 255,015 abortions at 350 to 700 for each child killed Smith also shows how Margaret Sanger laid the groundwork for this business plan with her passionate promotion of eugenics He includes a devastating passage from Sanger's book Pivot ofCivilization in which she speaks of the cruelty of organized charity calling it a symptom of a malignant social disease that only encourages the perpetuation of defectives delinquents and dependents Sanger encouraged breeding only among the fit meaning white well off and well educated women All our problems she once asserted are the result of overbreeding among the working classes Today's Planned Parenthood Smith observes in his floor speech has stayed true to Sanger's school of thought identifying its core clients as young women low income women and women of color Wego next to sad evidence of how thoroughly our medical culture has accepted eugenics Titled Weeding Out the Unfit it is a chapter from an important new book The Party of Death The Democrats the Media the Courts and the Disregard for Human Life by National Review senior editor Ramesh Ponnuru Mr Ponnuru a brilliant political analyst has been consistently eloquent in defense of the unborn and life at all its stages his new book we hope brings his voice to a wide audience it has gotten quite frenzied attention from liberal critics The chapter we've chosen to reprint is no surprise about prenatal testing and subsequent abortions As Ponnuru writes noting the routine prenatal test administered to mothers we now abort most children with Down syndrome or Tay Sachs disease or spina bifida or cystic fibrosis Those parents who don't choose to abort often find themselves the object of disapproval from the medical community their neighbors even strangers Our country now has a reasonably strong norm that disabled babies should be aborted This type of diversity we do not wish to tolerate Besides aborting these defective infants he writes we also abort countless children who are fine because tests are imperfect What follows is another book chapter this one about a little girl Grace who could have become an aborti n statistic but didn't because her parents chose not to take their doctor's advice It's from a powerful new book from our long time contributor Melinda Tankard Reist Defiant Birth Women Who Resist Medical Eugenics you can purchase a copy from our Foundation see About this Issue on the inside front cover for details Reist gathered together a collection of 19 stories by women who were defiant either by bringing to term a child who was diagnosed in utero as disabled or choosing to become or stay pregnant against medical advice despite their own medical conditions Sandi Seyferth pregnant with her fifth child was told after a high tech ultrasound detected a rare and lethal form of dwarfism that your baby will die Abortion was recommended but Sandi and her husband decided to carry our child to term and love her for the time she would spend with us Grace's story is gripping beautiful and surprising Senior Editor Mary Meehan wants Review readers to know about another new SPRING 2006 3

book Dispelling the Myths ofAbortion History by law professor Joseph Dellapenna This is a massive book 1,283 pages and over 8,000 footnotes but Meehan is so convinced of its importance that she wrestled with it all to bring our readers a guide to the important research and arguments it contains the fruit of years of vigorous scholarship As Meehan explains Dellapenna though he is not pro life has been a fierce critic ofRoe v Wade for over 30 years He was studying population policy when Roe was decided in 1973 after reading articles by Cyril C Means upon which Justice Blackmun had relied Dellapenna found their claims to be seriously deficient and started then to research and write about the history of abortion law His book focuses on abortion law in England and the United States important because English common law often was decisive in early U S history unless replaced by specific statuary law Dellapenna shows that Means was wrong in claiming there was a common law liberty to have an abortion and charges that Means who was general counsel of the National Association for the Repeal of Abortion Laws NARAL when he wrote one of the articles cited by Justice Blackmun in Roe designed his research to support the political task of changing abortion laws We return next to a subject discussed in Congressman Smith's speech the racism of pro abortion forces Brian Clowes of Human Life International contacted us to say he appreciated the articles we have featured in the Review on the history of eugenics see Mary Meehan Fall 1998 and Winter 1999 and Rebecca Messall Winter 2000 and Fall 2004 he wanted as he writes here to build on them by delving into the history of scientific racism the theory that some races are more fully evolved than others in the early 20th century In The Mathematics of Applied Scientific Racism Clowes traces the history of the racist agenda that formed the foundation of what are current day abortion policies and quantifies these policies deadly success He presents figures that show the number of abortion clinics in a city correlates directly to the size ofthe town's minority population and not only do minority women obtain abortions at nearly three times the rate that white women do but the death rate among minority women is nearly twice as high as that of white women who abort As Clowes writes pro abortionists argue that minority women must have easy access to abortion it's about their right to a necessary service This is an example of how language has been used to obstruct the truth In Choice before Life The Victory of the Abstract over the Real Professor Harold O J Brown takes as his starting point a book by French mathematician Aaron Arnaud Upinsky La tete coupee Le secret du Pouvoir The Severed Head The Secret of Power Upinksy writes Brown describes the age long war between what he calls strong language and true language between nominalism the abstract and realism Upinsky says that today nominalism is the language of power and is used to deprive us of freedom Brown argues that the pro choice movement's language represents a triumph for the use of strong language There is no better example of 4 SPRING 2006

THE HUMAN LIFE REVIEW manipulation by strong language than the victory of choice over life As Brown explains in his eloquent essay choice is an abstract concept it is a wonderful term that stands for freedom It can be given away and taken back Life is a reality an absolute each abortion involves a real life not an abstraction Choice for minority women nominalism equals death for minority children reality Brown talks about the real consequences of abortion not only to the child and his or her mother but to the father and extended family as well The right to abort he insists undermines the basic building block of our society the family Our final article is the text of a splendid address given by Professor Ian Hunter at the Southwestern Ontario Right to Life Annual Banquet last March Hunter explored the concept of honour in the Canadian spelling asking What is honour And what you may ask has honour to do with the pro life movement Well a great deal as I hope to demonstrate He begins by noting that honor is one of the Judeo Christian principles current society has turned its back on and goes on in an essay filled with dramatic literary allusions to explore the concept Along the way he gives a fascinating account of the pro life movement in Canada and assures his audience that they are men and women of honor because they honor God and the truth Sometimes I think this is the most important role the pro life movement has played to be a silent witness to honour the right we are often mocked sometimes reviled always it seems ignored but we bear a constant witness that even in these dark times not everyone looked the other way when the unborn and the vulnerable were left unprotected Most fittingly Hunter dedicated his speech to a man of extraordinary honor John Muggeridge his beloved friend and ours Muggeridge a Senior Editor of the Review and a luminary of the pro life movement in Canada died of cancer last November 25th at age 72 Appendix A is an exceptionally good column by former National Review editor John O'Sullivan The End of Ignorance and Innocence He cites Ramesh Ponnuru's book as one that discusses the important question Just how much do Americans understand about what Roe v Wade allows and he discusses the same kind of question vis it vis Europeans knowledge of and attitudes toward their own abortion legislation As O'Sullivan writes most Americans are against most abortions the attitude of the people is not nearly as radical as our current abortion ondemand policy This is not surprising our next writer would argue because Roe v Wade is such an illogical decision In Roe v Reason Professor Richard Stith observes that Roe is based on a highly unreasonable position Roe holds that a change in location passage through the birth canal can turn a potential human being into an actual human being Ironically Stith writes this logic was discarded in Stenberg v Carhart which found that in a partial birth abortion the fact that the fetus was four fifths of the way outside of the womb made the child no worthier of protection Our friend New York Sun columnist Alicia Colon got her dander up after reading SPRING 2006 5

Natalie Angier's Mother's Day column in the New York Times about how lots of animal mommies actually kill their offspring Angier seemed to be making the evolutionary biologists point that since animals do it maybe women are hardwired to kill their babies it's natural More evidence writes Colon in her vigorous response Appendix C of America's anti child culture On to the youngest children In Appendix D Father Thomas Berg reports on current news in embryonic stem cell research As you'll see the bad news is how much opportunity and money there is from the private sector to continue to try and do what South Korea's Hwang Woo Suk falsely claimed he had done clone human beings The good news is that more and more scientists are exploring alternatives to cloning both research on adult stem cells and the possibility of altered nuclear transfer discussed at length in our Winter 2006 issue see Joan Frawley Desmond Appendix E Our final appendix is from our friend Wesley Smith champion opponent of euthanasia and assisted suicide who reports on the real goal of aid in dying proponents so called rational suicide In a slippery slope nightmare come true a Swiss activist Ludwig Minelli is actually planning to create a sort of Starbucks for suicide a chain of death centers to end the lives of people with illnesses and mental conditions such as chronic depression A terrible prospect indeed On a more positive note Smith contacted us recently about Starbucks itself He had submitted a quote for their The way I see it campaign and he was amazed that the following actually got printed on coffee cups across the nation The morality of the 21st century will depend on how we respond to this simple but profound question Does every human life have equal moral value simply and merely because it is human Answer yes and we have a chance of achieving universal human rights Answer no and it means that we are merely another animal in the forest Bravo Wesley good for Starbucks and thanks for a nice way to wrap this up along with our abiding appreciation for the sometimes light if not deadly accurate touch of our favorite cartoonist Nick Downes MARIA McFADDEN EDITOR 6 SPRING 2006

TOO LATE FOR DEBATE?

Too Late for Debate William Murchison Rhis essay concerns political science Bear with me I expect that when all is done we will understand political science and human life questions to be joined at the hip A truism Sure What of it Truisms become true from their success at embodying truth The truth is if I might continue that the question of human life and its meaning joins itself to every other question under the sun It is you might say the question To pretend otherwise is to misapprehend the depth and dimensions of the mess m de by Roe v Wade a mess whose bearing on political science is nearly as profound as its bearing on morals and philosophy not to mention theology We enter a time of growing restlessness over the duty imposed on state governments 33 years ago to stand by while hundreds of thousands of women and their physician collaborators sock it to babies conceived but not yet born States are beginning to back up that restlessness with bolder and bolder initiatives and people are starting to look hopefully to a day when lawmakers reclaim from judges the power to decide what actions are just and right with regard to human life For now the possibility of the states regaining their lost purview over human life questions seems shaky and remote Who can say nevertheless That we're even talking about such a possibility shows how little the U S Supreme Court settled when it bade Americans on hearing the sound of the sackbut and dulcimer to fall down and worship the new doctrine of abortion as a constitutional right If the states manage in some way or another to undermine Roe as doctrine and stem mandate what will that mean For that matter what if certainly the likelier possibility right now Roe continues to hover over the landscape What will that mean A good idea at the start would be to refresh our recollections Concerning abortion things weren't always as they are now one framework one policy for a nation of 50 states and countless localities no significant variations allowed no strategic nuances one act of volition the mother's accorded constitutional preference That was thanks to Roe v Wade However before Roe v Wade January 22 1973 the states were free to regulate or prohibit abortion according to the preferences of their own electorates And how did these preferences come to be known In the same way that all voter William Murchison is Radford Distinguished Professor of Journalism at Baylor University SPRING 200617

WILLIAM MURCHISON preferences come to be known As a political scientist might choose to put it voters install and maintain in office such representatives as they trust to carry out their wishes From the abhorrence of abortion that pre Roe state statutes generally expressed one could have inferred that we the people entertained generally strong convictions about the worth and sacred character of unborn life Then three fourths of the way through the 20th century the Supreme Court declared abhorrence of abortion no longer tenable as policy Henceforth said the Court there would be one policy a national one Justice Harry Blackmun speaking for himself and six colleagues outlined the policy to which again broadly speaking we still adhere The right to end a pregnancy became with Roe a fixed star in the constitutional heavens twinkling brighter and brighter as time went by In the first trimester of pregnancy said the Court the states could lift not a hand against the mother who chose to abort In the second trimester states could regulate the abortion procedure in ways that are related to maternal health In the third trimester states could proscribe abortion entirely save in cases where the mother's life or health might be at risk I know we know all this I bring it up to emphasize the political science aspects of the abortion question as distinguished from those aspects that center on theology and philosopby The political science aspects are reemerging in a new and fetching way mainly because the theological and philosophical aspects refuse to go off and die That is a large percentage of Americans obedient to theological and philosophical principles still oppose abortion still desire it not to take place still work to that end in politics Politicians notice because how can they not Arguments in support of the Roe regime in court decisions press releases or angry screeds on the Internet have increasingly a Rhett Butlerish quality Frankly certain Americans don't give a damn whether their fellow citizens dislike Roe What you don't care for this wonderful piece of creative jurisprudence Well so's your own old man Get lost Jump in the lake Roe isn't going anywhere though maybe you should Which is certainly one long recognized way of handling divisive questions A TV commercial from the 60s comes to mind Edward G Robinson arch Hollywood tough guy leans into the camera in behalf of a product whose name I can no longer recall and barks Do it my way see Yeah mine Mine only Democracy's flaws are real as are all too clearly for comfort the flaws of every human system in our fallen world Nevertheless democracy the rule of the people displays special credentials for dealing with tough guys including those brandishing a judicial opinion As these credentials kick in 8 SPRING 2006

THE HUMAN LIFE REVIEW Edward G retires from the set dribbling cigar ash on his double breasted pinstriped suit In ambles Jimmy Stewart Now wait a second here now just wait Everybody's going to have his say and when we've all said what we want to by golly we'll vote The proponents ofRoe v Wade disliking the Jimmy Stewart shake handsfair play approach to these things don't want you to vote Or if you insist on voting they don't want you to think it will count or change anything or matter to anyone but you and why you should care they can't imagine Do it their way see Such authority as Roe v Wade still enjoys is mainly of a political kind the U S Supreme Court acting as enforcer of ideas that lack general acceptance in the society whose affairs the Court adjudicates Just what do modern Americans say they think about Roe A May 4 2006 Harris Poll claims that 49 percent agree that as the pollsters phrased the question the decision on whether a woman should have an abortion up to three months of pregnancy should be left to the woman and her doctor to decide Forty seven percent voted the contrary position No the woman and her doctor shouldn't get to decide Not much of a gap just 2 percent about as even a match up as one ever finds on vexed questions No current question of course is so vexed as Roe A degree of tolerance persists Should a woman be allowed an abortion in all circumstances Twenty four percent said yes according to Harris 20 percent replied no In 1985 it was 26 percent for 20 percent against No seismic shifts here How about abortion under some circumstances Fiftythree percent yes according to the 2006 poll the same level of support as in 1985 What then about laws designed to make it harder or easier to procure an abortion Harris reports 40 percent in favor of the tougher approach 40 percent in favor of no change Just 15 percent want easier access A so far unbridgeable gap The term seems accurately to describe the situation existing on account of a 33 year old Supreme Court decision that to millions though I am unaware of any poll's ever inquiring along these lines remains as illegitimate as on the day it was handed down As to Roe v Wade the United States of America seems signally disunited with no prospect of achieving anything like that theoretical unanimity the Roe court struck down Not without cause the New York Times columnist Nicholas Kristof has called abortion possibly the most polarizing issue in America today Against this unprepossessing backdrop let us consider present events of which the largest or anyway most resounding occurred March 6 2006 That was when South Dakota's Republican governor Mike Rounds signed SPRING 2006 9

WILLIAM MURCHISON into law the Women's Health and Human Life Protection Act an imaginative bit of unilateralism South Dakota which already required abortion counseling and a 24 hour waiting period before an abortion has purportedly outlawed abortions save those necessary to save the mother's life I say purportedly inasmuch as the new law looks for all the world like a Dakota whitetail buck staring down the barrel of a … 30 Winchester The survival in federal court of a near total abortion ban is not presently a prospect on which many will wish to wager their spouses and their mortgages We really think we're pushing the envelope on that issue admits a South Dakota senator who worked for the ban Even with the addition to the Court of two justices John Roberts and Samuel Alito who might be induced to vote for overturning Roe proRoe justices seem to enjoy a one vote edge over the antis What the late John Kenneth Galbraith called the conventional wisdom has Stephen Breyer Ruth Ginsburg John Paul Stephens David Souter and Anthony Kennedy outvoting Antonin Scalia Clarence Thomas John Roberts and Samuel Alito Scalia himself told a meeting in Switzerland soon after the South Dakota vote that there seemed no chance of the new law's prevailing Indeed a number of pro life activists see South Dakota as guilty of quixotically picking the wrong quarrel at the wrong time Meanwhile a statewide poll insists that nearly three of every five South Dakotans oppose the law good news for the organizers of a November voter initiative that would wipe the law from the books Gov Rounds who two years ago vetoed a similar bill urges now that South Dakotans continue to work at chipping away at Roe v Wade while the chips we must infer fall where they may One could call the Dakotans brash what one probably should avoid is disputing their feel for the patterns and techniques of democratic practice Democracy is brashness brazenness effrontery on the hoof Some people get hold of an idea they like the heft and the feel Why not says someone Let's go says someone else A cause is born There are rallies petitions ads phone banks fund raisers The topic can be restriction of eminent domain powers or it can be the free and unlimited coinage of silver at the ratio of 16 1 Not many innovations these days especially are beyond the pale Nor is the outcome of a debate for better or worse determined by universal principles Government of the people by the people for the people embodies when it works the aspirations the notions occasionally the sourness or perversity of the people Except in those cases where the popular will undergoes modification while passing through the representative government filter its cost and timing and content and scope shaped by political give and take lOISPRING 2006

THE HUMAN LIFE REVIEW Then there are those cases in which jurists interpose themselves deliberately between the popular will and high principle as best understood one gathers by the jurists themselves That is of course the case with Roe The consensus of state legislation not to mention religious and legal tradition was of minimal interest to seven of the nine justices As the majority saw it the people being wrong by modem lights needed directly and immediately to be set right Here was pride of a high order indeed Alas what we know ofpride is that it goes proverbially before a fall The Court you might think would have benefited itself as well as the country by resting its ruling on the narrowest rather than the broadest grounds for deciding the case Well it didn't No surprise then that great numbers of the people instead of kissing the hems of the justices gowns as abortion became legal and widespread demanded action to reverse the Court's reversal of principles older than the Court itself No Supreme Court decision save perhaps Dred Scott was ever so ill considered as Roe so sure not to solve the problem at hand Overriding the varied decisions of elected lawmakers the Court showed calculated indifference to what mere citizens as distinguished fromjudicial demi gods might think and believe Do it our way see Millions could not and would not Their unwillingness to run up the white flag on a matter of profound principle meant continued strife and struggle over that opposite principle the justices had adopted without as is customary in judicial systems warning or public commentary Into the Court's own precincts the tide of bitterness would eventually wash As the Roberts and Alito confirmation proceedings make clear abortion is for many the consideration when it comes to populating the federal bench Either we want proRoe judges or we want anti Roe judges Little else matters as much It was not so even in the 80s when Antonin Scalia easily passed muster with the Senate despite his intellectual opposition to Roe The persistence since then of the legal campaign against Roe has convinced supporters that given time and new faces the campaign could succeed Meanwhile impatient state legislators often goaded by impatient prolife leaders now are testing the limits almost daring the high court to knock the chip from their shoulders As it was the wall of restrictions enacted by state legislatures in recent years was thick with barbed wire meant to slow or discourage ascent As the Alan Guttmacher Institute never accused of putting a thumb on the scales to the advantage of pro lifers recently summarized the matter 12 states ban partial birth abortion 34 require parental SPRING 2006 11

WILLIAM MURCHISON involvement to some degree or other 24 require a waiting period generally of 24 hours duration 28 require pre abortion counseling and 36 prohibit abortion at some point usually that offetal viability No one 1believe could on this showing call abortion on demand the general rule Yet on it goes anyway the business of states reasserting the lost more accurately stolen privilege of judging for themselves the degree of protection that should be accorded unborn life South Dakota's act of deliberate effrontery has stirred the troops elsewhere to new activity Louisiana in the spring began moving in the same direction I write without knowing the outcome of the move Ohio as well Reported USA Today Now is the time to get moving on this in Ohio says Tom Brinkman a state senator who has introduced a bill to ban almost all abortions Meanwhile Kellie Copeland ofNARAL Pro Choice Ohio is braced Our supporters feel the fight is coming back to the states she says Well what if it does come back What if Roe v Wade due to some concatenation of judicial circumstances goes gurgling down the drain What might that portend for the cause of unborn life Something favorable Something of a different character entirely All is speculation at the moment It might better serve present purposes to reflect on the relationship between democracy and democratic mores A democracy we may say at the outset will in greater or lesser degree operate by the rules for which the majority calls Which is why Massachusetts decided same sex unions were hunky dory whereas Texas to cite just one contrary example amended its constitution to define marriage as the union of a man and a woman and that's it sorry Boston sorry San Francisco The middle class moral consensus of the mid 19th to late 20th centuries has about as much relevance core principles notwithstanding to 21st century culture as have the Flora Dora Girls to the Dixie Chicks I think it has to be conceded at once that whatever happens to Roe the status quo ante Roe is gone Nor will it return in our time No phalanx of anti abortion sentiment at the state level seems re creatable save perhaps in the great providence of God USA Today suggests that in the event of Roe's demise 22 states would likely impose significant new restrictions on abortion including nearly every state in the South and a swath of big states across the industrial Rust Belt from Pennsylvania to Ohio and Michigan By contrast 16 Northeastern and West Coast states would likely continue current access to abortion The remaining 12 would fall into a middle ground halfof these in the West the rest scattered from Arizona to Rhode Island A highly familiar pattern emerges here the red state blue state pattern of 2004 and beyond George W Bush's America v John Kerry's 12 SPRING 2006

THE HUMAN LIFE REVIEW That which we believe about human life and its fragility and contingency turns out to be strongly indicative of our other convictions on religion on party preference on the responsibilities of government If we can hardly agree on who should be president perhaps it is no wonder we disagree to one extent or another on school prayer tax cuts Iraq and abortion How do we work out these disagreements Through compromise How do we compromise I would inquire with a do it our way High Court looking over all our shoulders I believe the condition this produces is known as impasse That may be where we are stalled at the stoplight revving engines going nowhere as I was once stalled at a Portuguese toll booth the transmission of my rented Ford Focus having picked that moment to malfunction Our democratic gears don't mesh any better The Court keeps them locked It may be the Court of the future will recognize the terrible destructiveness of its handiwork and just go on and strike Roe dead In that event the states at last could legislate and the proponents of life could lean on their lawmakers to accommodate for a change the priorities of life as distinct from the priorities of choice Certainly the proponents of choice would attempt to sway ensuing debates to their own advantage It could be that is what we need debate Real democratic debate We have not had it The Supreme Court in Roe foreclosed any wide and useful consideration of the profound question at hand Mr Justice Blackmun's research at the Mayo Clinic seemingly did the trick for all that as Gregory J Roden has pointed out Human Life Review Fall 2005 the Court erroneously bought into a NARAL lawyer's assertion that the common law had been indifferent to the question of the fetus personhood As a newspaper reporter in Austin in 1969 I covered an hours long legislative committee hearing on a proposed loosening of the same Texas abortion statute the High Court later polished off in Roe I recall expressions of deep anguish over deaths from botched abortions and births of severely handicapped children I recall no trenchant defenses of the principle that unborn life merits protection or any assaults on the principle that a mother's choice is dispositive The bill got nowhere the debate fizzled A few years later came Roe A few minutes after that came the first salvos against the Constitution's sudden transformation into an instrument for the disposal of the inconvenient or troublesome And so it has gone since the two sides hitting each other with accusations whose credibility owed as much sometimes to the political and cultural affiliations of the witnesses as to the power of their testimony SPRING 2006 13

WILLIAM MURCHISON It may be too late for the meticulous debate we should have had three decades ago concerning stewardship of human life Then again how often is democratic debate truly meticulous or temperate for that matter The opportunity is what we need the opportunity on a level constitutional playing field for the proponents of life to engage the proponents of death It could be wonderful to watch Doubt it Read Areopagitica Recall how Milton regarded contests when though all the winds of doctrine were let loose to play upon the earth Truth could be counted on to have her say and her way Let her and Falsehood grapple he declared Who ever knew Truth put to the worst in a free and open encounter The kind of encounter if the great man's spirit will permit a 21 st century footnote the kind ofencounter so long so foolishly denied Americans by their highest tribunal 1 1 B h t l 1 1 1 8B EJ 8 F r It's amazing how little ofa meteor is left after it bums through the atmosphere 14 SPRING 2006

PLANNED PARENTHOOD: TIME TO TAKE A SECOND LOOK AT CHILD ABUSE INC.

planned Parenthoorll Time to Take Second Look at Child Abuse Inco Chris Smith Mr Speaker 1 rise tonight to set the record straight about significant misinfonnation that continues to be disseminated concerning an amendment 1 offered last summer Planned Parenthood has refused to admit the truth about the true genesis of this amendment Because Planned Parenthood boasts that trust is the cornerstone of why people choose them 1 cannot allow its lies to continue unanswered And 1 believe it's time Americans take a look at Planned Parenthood on other issues as well including abortion Several years ago 1 became aware of a devastating condition called fistula Fistula is a terribly painful disorder that marginalizes women in many parts of the developing world yet is relatively inexpensive to treat 1authored legislation to authorize USAID to provide much needed assistance to women desperate for treatment Unfortunately with the help of organizations like Planned Parenthood some of my colleagues tried to weaken the authorization by adding language that would have prevented crucial faith based health care providers from helping women through this program Women suffering with fistula need treatment and provisions mandating contraceptives would have prevented some health care providers most suited to provide treatment from doing so These women need speedy treatment not politicized language As the prime author of H R 2601 The Foreign Assistance Authorization Act of FY 06 and 07 1 personally wrote the section in the bill Sec 1001 that authorizes the President to establish at least 12 treatment centers to provide surgery and healing therapies for women suffering from a devastating condition known as obstetric fistula The bill also provides for the dissemination of educational infonnation so that women will know where to go for affordable treatment and how to protect against the occurrence of this preventable curable condition Obstetric fistula is an excruciatingly painful hole or rupture in tissues surrounding a woman's birth canal bladder or rectum that is caused by rape physical abuse or untreated obstructed labor Tragically the constant leaking of urine and feces leads to sickness desertion by husbands and Chris Smith a Republican has represented the citizens of New Jersey's Fourth Congressional District since 1981 We reprint here the text of a floor speech he gave in the House on Feb 8 2006 SPRING 2006 15

CHRIS SMITH family extreme social isolation and poverty Amazingly for 150 300 a woman victimized by fistula can obtain a surgical repair which gives her back her life No woman should be denied this minimal life saving surgical repair For several years now I have asked USAID and the Congress to establish a program to assist women who suffer from obstetric fistula According to USAID an estimated 2 million women suffer needlessly from fistula with 50 100 thousand new cases added every year mostly in Africa USAID has begun to provide support for fistula centers and that's great They hoped to put 3 million into the program by the end of 2005 and they have already identified a dozen medical facilities ready to participate and help these women My bill which originally authorized 5 million for 2006 and 5 million in 2007 ensures that the program is properly implemented and able to aid as many women and young girls as possible During committee mark up on H R 2601 Rep Joe Crowley D NY amended my language in H R 2601 to mandate that the new centers expand access to contraception At first blush the language looked OK but it became very clear that it would have had the dire consequence of excluding certain faith based health providers who while deeply committed to mitigating the pain of fistula would be barred from receiving funds For example the Crowley language would have excluded NGOs and church based organizations opposed to chemicals that act as abortifacients those that prevent implantation of a newly created human life from getting any U S funds Had my amendment not succeeded several hospitals selected by USAID as fistula centers would have lost funding The amendment I offered that passed on the floor in July corrected this problem so that the faith based sites including those already identified for the program by USAID and perhaps others in future eould participate and provide assistance to women in need My amendment to my own bill also increased the funding in 2007 to 7.5 million since it is obvious that once the centers are up and running the demand for the cure will be even greater To participate in the program providers must offer critical treatment care including increased access to skilled birth attendants and may offer information about a number of preventative practices such as abstinence education encouraging postponement of marriage and childbearing until after teenage years and family planning services for women whose age or health status place them at high risk of prolonged or obstructed childbirth Nothing in my original fistula language or my amendment adopted on the floor restricts access to family planning services Rather my amendment made a variety ofpreventative practices optional and as such is sensitive to and 16 SPRING 2006

THE HUMAN LIFE REVIEW consistent with the values of the people and the hospitals that serve themin developing countries Despite all this Planned Parenthood still insists on praising the people who would have killed the amendment and attacking me The headline on its website reads Rep Chris Smith's Latest Political Attack on Women The closing line of its story says The gentleman from New Jersey would do well just once to try and feel the pain of others I have authored numerous laws that is to say I am the prime sponsor of laws that directly benefit women including the Victims of Trafficking and Violence Prevention Act of 2000 P L 106 386 the Trafficking Victims Protection Reauthorization Act of 2003 PL 108 193 the Trafficking Victims Protection Reauthorization Act of 2005 PL 109 164 the Results and Accountability in Microenterprise P L 108 484 and the Microenterprise Enhancement Act of 2003 PL 108 31 just to name a few I helped secure the passage of the Violence Against Women Act Reauthorization in 2000 by incorporating its major provisions into my law the Victims of Trafficking and Violence Prevention Act of 2000 I have fought for human rights and health care my entire career I am currently the chairman of the Subcommittee on Africa Global Human Rights and International Operations and the Co Chairman of the Commission on Security and Cooperation in Europe also known as the United States Helsinki Commission which works to promote and foster democracy human rights and stability in Eastern and Central Europe I served as the Chairman of the Veterans Affairs Committee until 2005 where I authored laws that are helping veterans to this day and will for as far as the eye can see in the areas of health care college education widows benefits and the creation of a new comprehensive program to help homeless veterans I also presently serve as the co chair and co founder of the Congressional Task Force on Alzheimer's Disease the founding co chair of the Congressional Spina Bifida Caucus the co founder of the Coalition for Autism Research and Education the co chair and co founder of the Congressional Refugee Caucus and the co chair of the Congressional Pro Life Caucus Having served 26 years in Congress I could continue this list Mr Speaker I set forth my dedication to these causes here not to promote myself but to show Planned Parenthood's deceptions Planned Parenthood's vicious attacks on me are at best misinformed at worst libel Sadly this is a pattern of conduct with Planned Parenthood seeking to discredit anyone who includes the protection of the unborn along with fundamental human rights When one stops to consider the big business that is abortion it is no wonder SPRING 2006117

CHRIS SMITH Abortion is big business Planned Parenthood makes millions of dollars plying its lethal trade at nearly 850 clinics in the U S alone Judith Fetrow a former Planned Parenthood worker verifies this fact It is extremely difficult to watch doctors lie clinic workers cover up and hear terrifying stories of women dragged out of clinics to die in cars on the way to the hospital without beginning to question the party line I began to wonder if we were really caring for these women or if we were just working for another corporation whose only interest was the bottom line Tragically the seemingly benign Planned Parenthood is in the grisly business of dismembering the fragile bodies of unborn children with sharp knives and hideous suction machines that are 25 to 30 times more powerful than a vacuum cleaner used at home Planned Parenthood ought to be known as Child Abuse Incorporated for the large number of children that it has killed and continues to kill all the while being subsidized by American taxpayers This is not a business of healing nurturing or caring this is a business of killing For Planned Parenthood business is good Violence against children pays handsomely In 2004 it increased the number of abortions it performed by 1O 000 while abortions nationwide have declined for a total of 255,015 a new pathetic record of kids killed even for Planned Parenthood For medical abortions Planned Parenthood quotes prices from 350 to 650 For first trimester vacuum and D E abortions the only type of surgical abortions for which they provide a price range Planned Parenthood earns 350 to 700 apiece To put the number of child deaths in perspective picture this 67,500 fans filled Ford Field to watch the Super Bowl last Sunday night Planned Parenthood performed 255,015 abortions in 2004 The number of unborn babies whose lives were taken from them before they could take their first breath by this one corporation in one year could have filled that stadium nearly four times over Planned Parenthood is now responsible for committing nearly one out of every five abortions performed in the United States with its numbers steadily rising while the overall totals in the U S have been declining Over the course of time Planned Parenthood's tally in the taking of innocent children's lives has exceeded the three million mark If the number of abortions performed alone doesn't convince you of Planned Parenthood's agenda Mr Speaker just compare it with the other services it provided in the name of family planning Planned Parenthoodparenthood Mr Speaker provided a mere 17,610 clients with prenatal care I8 SPRING 2006

THE HUMAN LIFE REVIEW That's a ratio of one parent to every 14 women who lost their children to abortion Planned Parenthood referred a meager 1,414 clients to adoption services That means it killed 180 babies for every one it referred to be placed with a couple desperately seeking a child To me Mr Speaker this record doesn't seem to be that of an organization dedicated to preserving women's choices And if that is not enough this so called pro choice organization does everything within its power and massive budget to prevent women from knowing all their options and being certain that their choices are truly informed Planned Parenthood both lobbies and litigates against virtually every child protection initiative at both the state and federal level including parental and spousal notification women's right to know laws waiting periods partial birth abortion bans unborn victims of violence laws statutory rape reporting laws and abortion funding bans It inflates statistics to promote its own agenda One of the abortion community's own exposed them though when Ron Fitzsimmons the director of the National Coalition of Abortion Providers publicly admitted that he lied through his teeth when he told a TV interviewer that partial birth abortion was used rarely and only on women whose lives were in danger or whose fetuses were damaged Fitzsimmons confessed that the myth about this horrific abortion procedure was deliberately propagated by the abortion lobby including Planned Parenthood and its research arm the Alan Guttmacher Institute AGI In a 1995 letter to Members of Congress Planned Parenthood AGI and other groups stated This surgical procedure is used only in rare cases fewer than 500 per year It is most often performed in the cases of wanted pregnancies gone tragically wrong when a family learns late in pregnancy of severe fetal anomalies or a medical condition that threatens the pregnant woman's life or health In truth Fitzsimmons explained the vast majority of partialbirth abortions are performed on healthy fetuses 20 weeks or more along with healthy mothers The number of 500 partial birth abortions a year that Planned Parenthood cited in its letter was also a complete falsehood Fitzsimmons estimated that the method was used 3,000 5,000 times annually I would argue that even this number is low in just one New Jersey abortion mill the Bergen Record newspaper reported that 1,500 children were killed by partial birth abortion in one year When Planned Parenthood can't accomplish its deadly goals through the democratic process it turns to the courts It files approximately 50 lawsuits a year to protect its business interests in abortion Then Planned Parenthood fights tooth and nail to prevent judges who recognize the inherent value of SPRING 2006 19

CHRIS SMITH human life at every stage as well as the constitutional protections of that life from getting on the bench Luckily for us the American people and our President and Senate have seen through that propaganda blitz International efforts Sadly it does exactly the same thing overseas and many foreign governments are eventually deceived by its arguments The Planned Parenthood Federation of America International is leaving no stone unturned in its misguided obsessive campaign to legalize abortion on demand If it succeeds millions of babies will die from the violence of abortion We cannot add to the body count In Planned Parenthood's 2003 2004 annual report the organization clearly admits its goal It states that programs supported by Planned Parenthood Federation of America International guarantee the sexual and reproductive health and rights of individuals by providing safe abortion and postabortion care services The use of family planning to cloak its real agenda the use of family planning as a cover for permissive abortion laws is now commonplace and must be stopped In over 100 countries around the world the lives of unborn children are still protected by law But in country after country we find Planned Parenthood zealots partnering with well financed NGOs from Europe to promote violence against unborn babies And as Planned Parenthood the most prominent advocate sometimes the only advocate oflegalizing abortion on demand has said When abortion laws are liberalized the number of abortions skyrocket That is Planned Parenthood's word skyrocket So if we want more abortions more dead babies and more wounded women liberalize the laws Taxpayer subsidy Over a third of Planned Parenthood's income comes from the pockets of tax paying Americans through local state and federal governments Sure we have the Hyde Amendment in place thankfully which prevents taxpayer dollars from directly funding abortions but money is fungible The millions ofdollars we give to Planned Parenthood to provide so called family planning services immediately frees up millions more to be used for the performance and promotion of abortion Americans hard earned money goes to keep the lights on and pay the heat bill for this industry that is literally making a killing taking the lives of the children they'll never get the chance to meet People who see that abortion is murder are still forced to subsidize the lawsuits and lobbying that keep abortion legal 20 SPRING 2006

THE HUMAN LIFE REVIEW Planned Parenthood's 2003 04 annual report brags about how it helped increase Title X funding for a total of 273 million in taxpayer dollars It also discloses that it received 265.2 million in government grants and contracts from Title X and other sources during that period The abortion promoters never tire ofreminding us that they promote abortion with what they call their own money but this argument deliberately misses the point First it ignores the fact that all money is fungible When we pay an organization like Planned Parenthood millions of dollars we cannot help but enrich and empower all of that organization's activities all that it does even if the organization keeps a set of books that says it uses its money for one thing and our money for something else We must begin to stand with the victims both mother and child and against the victimizers When we subsidize and lavish Federal funds on abortion organizations we empower the child abusers and Planned Parenthood make no mistake about it both here and overseas is Child Abuse Incorporated AlbiOlI nonn cllftnnncs OlI'tunJre mills Abortion mills do not nurture they do not heal they do not cure disease Abortion is violence against children Some abortion methods dismember and rip apart the fragile bodies of children Other methods chemically poison children Abortionists turn children's bodies into burned corpses a direct result of the caustic effect of poisoning and other methods of chemical abortions I would say to my colleagues there is absolutely nothing benign or curing or nurturing about abortion It is violence It is gruesome And yet the apologists sanitize the awful deed with soothing misleading rhetoric Abortion methods are particularly ugly because under the guise of choice they turn baby girls and baby boys into dead baby girls and dead baby boys I have drafted a bill that would inform women about the pain their unborn babies experience during abortions the Unborn Child Pain Awareness Act H R 356 This bipartisan bill requires that those performing abortions at or beyond the 20 week point provide the mother with certain information regarding the capacity of her unborn child to experience pain during the abortion and offer the mother the option of having pain reducing drugs administered directly to the unborn child to reduce his or her pain Not surprisingly the abortion lobby induding Planned Parenthood has opposed informing women of this truth though they do not deny that unborn children may feel pain after 20 weeks gestation SPRING 2006 21

CHRIS SMITH Conscience proteCl1ion Forty five States and the Federal Government protect the right of health care providers to decline involvement in abortion Planned Parenthood has launched an active campaign to abolish these legal protections arguing on its website While everyone has the right to their sic opinions about reproductive health care including abortion Health care providers who object to providing certain services still have an obligation to respect the rights oftheir patients and to enable them to access the health care they need Planned Parenthood wants to compel hospitals and health care providers of conscience to do abortions it's that simple Not all of the hospitals and health care providers who oppose this plan are religious There are people who are not religious who have deep moral convictions and they believe that abortion takes the life of a baby We ought to be nurturing We should not compel our places of healing to become killing fields Pro choice Planned Parenthood reasons that every child should be a wanted child While the implication of this goal is valiant and an ideal I share how we go about achieving it is much much different I agree every child deserves to be loved with every ounce of her parents being Planned Parenthood however would rather kill her than allow her to be born into a home that might not have planned for her or allow another loving family to adopt her This philosophy turns children into a commodity that is owned and if they aren't wanted they are expendable Planned Parenthood also claims to promote informed choice for women but the reality of its words and actions belies this assertion When describing abortion procedures on its website it consistently talks about the emptying of the uterus and the elimination of the products of conception Even its clinic layouts aim to avoid the acknowledgment of the life of the unborn One of their employees explained that Planned Parenthood is set up so clinic workers never have to see the babies It's set up that way because having to look at the babies bothers the workers Although Margaret Sanger Planned Parenthood's founder supported abortion she did recognize that it was murder admitting Abortion was the wrong way no matter how early it was performed it was taking a life It is incredibly sad that the Planned Parenthood of today has entirely dismissed the humanity of the unborn and works to delude women into doing the same Planned Parenthood's website states that it believes Information about 22 SPRING 2006

THE HUMAN LIFE REVIEW becoming pregnant and about postponing preventing continuing or terminating pregnancy should be easily available the choice of whether or not to parent should be free and informed and that People need accurate and complete information to make childbearing decisions that are appropriate for them They want and need to know about abstinence birth control abortion adoption prenatal care and parenting in an age appropriate context They say that they believe in trusting individuals and providing them with the information they need to make well informed decisions about sexuality family planning and childbearing If all that is true why do the organization's actions services and expenditures not reflect it Why does it lobby against and sue to overturn every informed consent provision enacted Why does it provide so many abortions especially when compared to so few adoption referrals and so little prenatal care Mr Speaker why would Planned Parenthood and a virtual who's who of abortion activists in America so vehemently oppose the Unborn Victims of Violence Act and promote a gutting substitute in its stead Why would it take a position so extreme that 80 percent of Americans oppose it The mothers of these babies have made their choice to have their babies and someone else takes that decision from them Should a mugger have unfettered access to maim or kill that baby without triggering a separate penalty for the crime Why would it oppose parental involvement in their daughters pregnancy decisions in one of the most important decisions those young girls will ever make Because Mr Chairman Planned Parenthood is not supportive of choice it is supportive of abortion because after all that's how it stays in business IPllal ll JIJlelllllParel ll thoollll's targets Planned Parenthood has been very clever and self serving in its business practices Not only has it fought to keep abortion legal and to give it protection that is to be found nowhere in our Constitution not only has it kept its income stream pouring in from local state and federal governments and from clients but it has successfully brainwashed its target audiences so that its services remain in high demand Again Margaret Sanger the founder of Planned Parenthood laid the groundwork for this business plan back in the early 1900s In her book Pivot o Civilization Sanger argued We are paying for and even submitting to the dictates of an ever increasing unceasingly spawning class of SPRING 2006123

CHRIS SMITH human beings who never should have been born at all In Chapter 5 of that book which is entitled the Cruelty of Charity she pulls no punches in condemning those of us who seek to help poor disadvantaged pregnant women get maternal health care Organized charity itself is the symptom of a malignant social disease Those vast complex interrelated organizations aiming to control and to diminish the spread ofmisery and destitution and all the menacing evils that spring out ofthis sinisterly fertile soil are the surest sign that our civilization has bred is breeding and is perpetuating constantly increasing numbers ofdefectives delinquents and dependents My criticism therefore is not directed at the failure ofphilanthropy but rather at its success But there is a special type ofphilanthropy or benevolence now widely advertised and advocated both as a federal program and as worthy of private endowment which strikes me as being more insidiously injurious than any other This concerns itselfdirectly with the function ofmaternity and aims to supply gratis medical and nursing facilities to slum mothers Such women are to be visited by nurses and to receive instruction in the hygiene ofpregnancy to be guided in making arrangements for confinements to be invited to come to the doctor's clinics for examination and supervision They are we are informed to receive adequate care during pregnancy at confinement andfor one month afterward Thus are mothers and babies to be saved Childbearing is to be made safe The work of the maternity centers in the various American cities in which they have already been established and in which they are supported by private contributions and endowment it is hardly necessary to point out is carried on among the poor and more docile sections ofthe city among mothers least able through poverty and ignorance to afford the care and attention necessary for successful maternity The effect ofmaternity endowments and maternity centers supported by private philanthropy would have perhaps already have had exactly the most dysgenic tendency The new governmentprogram wouldfacilitate the function ofmaternity among the very classes in which the absolute necessity is to discourage it Such benevolence is not merely superficial and nearsighted It conceals a stupid cruelty Aside from the question of the unfitness of many women to become mothers aside from the very definite deterioration in the human stock that such programs would inevitably hasten we may question its value even to the normal though unfortunate mother For it is never the intention ofsuch philanthropy to give the poor over burdened and often undernourished mother of the slum the opportunity to make the choice herself to decide whether she wishes time after time to bring children into the world The most serious charge that can be brought against modem benevolence is that it encourages the perpetuation of defectives delinquents and dependents In 1922 Margaret Sanger stated All our problems are the result of overbreeding among the working classes The Planned Parenthood of today has stayed true to Sanger's school of thought identifying its core clients as young women low income women and women of color Planned Parenthood's research arm the Alan Guttmacher Institute has disclosed that 24 SPRING 2006

THE HUMAN LIFE REVIEW this objective has been achieved forty five percent of women who have abortions are college age 18 24 years old Women aged 20 24 have a higher abortion rate than any other group followed closely by women aged 18 19 Black women are three times as likely as others to have abortions and the numbers of poor women who have abortions are triple those of others Since 1973 the year the unelected lifetime appointed justices on the Supreme Court made abortion legal on demand at least 13.8 million minority babies have been aborted Black and Hispanic women represent only a quarter of American women of child bearing age yet account for more than half of all abortions in the U S Alveda King the niece of the late Dr Martin Luther King Jr was herself deceived by the lies of the abortion lobby in the wake of Roe v Wade Alveda experienced firsthand the tragic consequences abortion inflicts on women who undergo them she had two abortions and now deeply regrets them and to their entire families and to society in general Citing her uncle who once said The Negro cannot win as long as he is willing to sacrifice the lives of his children for comfort and safety Alveda asks How can the Dream survive if we murder the children Today Alveda is part of a courageous group ofwomen all ofwhom have had abortions and have come to regret that fact called Silent No More These amazing women help women who have had abortion find peace and reconciliation Effects of abortion on women Planned Parenthood also perpetuates the myth that abortion is safer than childbirth Of course it's never safer for the baby And the CDC abortion surveillance however doesn't even track morbidity so data on injury and illness from abortion is obtained from the abortion mills talk about a conflict of interest Mortality death to women from abortion is likely to be underreported That's true in part because women who have had abortions suffering serious complications often seek assistance at hospital emergency rooms rather than the abortion mill and the death certificates at times list sepsis or infection rather than abortion as the cause of death Moreover national reporting of death to women from abortion is extremely passive thus the likelihood of underreporting I would encourage anyone seeking the truth on this question to ask the family and friends of Holly Patterson who died two weeks after her eighteenth birthday from septic shock after taking RU 486 the abortion pill Her parents had no idea what she had done until arriving at the hospital the day she died The abortion pill was provided to her at a Planned Parenthood clinic A state of California investigation into her death found that that SPRING 2006 25

CHRIS SMITH clinic failed to report her death to the state Department of Health and that it did not give her full information and education on how to take the drug This is not surprising considering that Planned Parenthood was involved in the sham trials that allowed RU 486 to be approved for sale by the Clinton FDA something that needs to be seriously reconsidered and the drug pulled off the market Between October 1994 and September 1995 the Des Moines Iowa Planned Parenthood clinic participated in these trials Based on Planned Parenthood's accounting news reports said no problems had been experienced in the trials One Iowa doctor watching the news was in disbelief about what he was reading This doctor Mark Louviere had attended to a woman who had participated in the trials and had suffered serious side effects two weeks later as a result oftaking the abortion pill When Dr Louviere arrived in the emergency room the woman had lost between half and twothirds of her blood volume and she was in shock Dr Louviere immediately took her into surgery to save her life In his own words If near death due to the loss of half of one's blood volume surgery and a transfusion of four units of blood do not qualify as a complication I don't know what does Planned Parenthood responded that they only reported what happened during the immediate time period ofthe trial so the fact that this woman nearly died from taking a drug that they were responsible for reporting the effects of was of no concern to them In challenging Planned Parenthood's assertion that abortion is safer than childbirth I'd also look into the story of Michelle Madden an 18 year old college freshman who decided to have an abortion after a doctor told her that the drugs she was taking for epilepsy would cause her baby to be deformed Michelle collapsed three days after the abortion and at the hospital doctors found that pieces of the baby were still inside her Michelle died of a blood infection resulting from the abortion three days after admission to the hospital I would suggest reading about what happened to Mary Pena 43 years old the mother of five children who died after she underwent a second trimester abortion and bled to death on the operating table You might also be interested in the story of Debra Ann Lozinski who was 16 years old when she went in for an abortion in my home state of New Jersey Due to a lack of oxygen caused by the general anesthesia she was given for her abortion Debra fell into a coma where she remained for several months before developing pneumonia and then going into septic shock Debra died 12 days after her 17th birthday I'd also suggest learning about 22 year old Tamika Dowdy who sought 26 SPRING 2006

THE HUMAN LIFE REVIEW an abortion when she was four months pregnant so that she could finish her college education Paramedics were called to the clinic where Tamika s baby was being aborted because Tamika was having problems breathing They were unable to save her There are many many more heart breaking accounts just like those of these women and those are only the ones we know about Multiples of these exist but the whole story hasn't been disclosed Justice Blackmun the author of Roe v Wade helped create the safe abortion myth based on studies and opinions of population control advocates who were avidly promoting liberalized abortion laws In reality not only can abortions immediately kill women through hemorrhaging septic shock uterine perforation cervical lacerations etc but there are also long term consequences of abortion that can lead to death including suicide and breast cervical and ovarian cancer Beyond these deaths the impact of abortion on women both physical and psychological is devastating Women suffer from many adverse post abortion reactions ranging from bleeding cramping and infection to depression and substance abuse to breast cancer and infertility The risk of these detrimental effects of abortion is greatly multiplied in teens one of the groups Planned Parenthood specifically targets The brave women in the Silent No More Awareness Campaign have shown us that abortion really does hurt both babies and women and sometimes even kills both Abortionist Warren Hem admits In medical practice there are few surgical procedures given so little attention and so underrated in its potential hazards as abortion It is a commonly held view that complications are inevitable This is not a simple surgical procedure the same as any other and the baby being killed is not a clump of cells Planned Parenthood downplays the physical or emotional after effects of abortion Their website claims Most women feel relief after an abortion Serious emotional problems after abortion are much less likely than they are after giving birth While this may be true immediately after the abortion a new study from New Zealand has shown that the long term psychological consequences are much greater Women who have had abortions are in many cases the walking wounded The people pushing the safe abortion myth are the same as those who inflate the statistics about back alley abortions They are the same ones trying to instill a sense of pride about abortion by marketing I had an abortion T shirts These people the people behind the propaganda machine at Planned Parenthood are the same ones who are making millions from abortion from killing our babies SPRING 2006 27

CHRIS SMITH Planned Parenthood cannot be trusted and it appears that even it is starting to recognize that fact Until July of 2005 its tagline read Planned Parenthood Federation ofAmerica is the nation's largest and most trusted voluntary reproductive health organization It has since dropped the reference to trust and replaced that line with this slogan Planned Parenthood Federation ofAmerica is the nation's leading sexual and reproductive health care advocate and provider Mr Speaker the truth about Planned Parenthood's pattern of deceit and destruction of human life must at long last be brought to light The cover up is over I'm sorry I'm just so easily bored 28 SPRING 2006

WEEDING OUT THE UNFIT

Weeding Out the Unfit Ramesh Ponnuru In recent years many Americans have become concerned that our schools overtest children In truth however the first test to which they are subject comes long before school and it's the highest stakes test of all We test our children in the womb and depending on the results decide whether they live or die The number of children in this country with Down syndrome for example has fallen over the last fifteen years That's not because a cure has yet been found The rising number of older women having babies should indeed have increased the prevalence of the syndrome The reason for the drop is the increased use of second trimester screening When people find out that they are having a child likely to have the syndrome more than 80 percent of them opt to abort the baby Prenatal testing is routine and its point is less to prepare parents for the challenges of raising a disabled child or to detennine whether the baby needs medical treatment in the womb than to detennine whether to kill the baby We abort most children with Down syndrome or Tay Sachs disease or spina bifida or cystic fibrosis And we abort some children who don't have those conditions because the tests aren't foolproof 1 Parents of children with Down syndrome often report that they were encouraged to have an abortion or what might be worse simply expected to have one Just as parents are simply expected to have prenatal testing even when that testing poses risks to the baby Physicians who don't offer the tests might later find themselves facing a wrongful birth lawsuit a kind of legal action that itself reflects the influence of abortion on our mores Beth Allard reported that an obstetrician had told her that her child might have the syndrome and then explained what that meant It could just be hanging off of you drooling the doctor said and then contort ed her face into a saggy expressionless imitation of what a child with the syndrome might look like 2 A study released in 2005 found that a majority of mothers of children with Down syndrome reported that their doctors accentuated the negative that many got out of date information about the trials of living with the Ramesh PmllDuru is a senior editor ofNational Review Weeding Out the Unfit is reprinted from the book Party ofDeath The Democrats the Media the Courts and the Disregardfor Human Life by Ramesh Ponnuru 2006 Published by Regnery Publishing Inc All rights reserved Reprinted by special permission of Regnery Publishing Inc Washington D C SPRING 2006 29

RAMESH PONNURU condition and that pressure to have an abortion was not uncommon 3 Parents also sometimes report that their decision not to abort elicits criticism even from strangers In the 2005 study one woman related that after her baby was born the doctor flat out told my husband that this could have been prevented at an earlier stage Patricia Bauer wrote an op ed about the phenomenon I see the way people look at my daughter curious surprised sometimes wary occasionally disapproving or alarmed At a dinner party not long ago I was seated next to the director of an Ivy League ethics program In answer to another guest's question he said he believes that prospective parents have a moral obligation to undergo prenatal testing and to terminate their pregnancy to avoid bringing forth a child with a disability because it was immoral to subject a child to the kind of suffering he or she would have to endure When I started to pipe up about our family's experience he smiled politely and turned to the lady on his left Margaret does not view her life as unremitting human suffering although she is angry that I haven't bought her an iPod She's consumed with more important things like the performance of the Boston Red Sox in the playoffs and the dance she's going to this weekend Oh sure she wishes she could learn faster and had better math skills So do I But it doesn't ruin our day much less our lives It's the negative social attitudes that cause us to suffer Bauer's op ed drew several letters decrying her as sanctimonious 4 Senators Sam Brownback and Ted Kennedy a pro life Republican and a famously pro choice Democrat are co sponsoring a bill to provide funding so that doctors can provide parents with better information including contact information for support groups for parents of children with congenital diseases or syndromes It's a worthy effort But the testimony of parents such as Bauer suggests that our country now has a reasonably strong social norm that disabled babies should be aborted This type of diversity we do not wish to tolerate In Chapter 17 I will go through poll data that suggest that Americans are much less supportive of abortion than is commonly thought But no such claim can be made about abortion of the disabled In every poll Americans strongly support the right to abort them Leon Kass who has thought deeply about medical ethics for years concludes We are largely unaware that we have as a society already embraced the eugenic principle Defectives shall not be born because our practices are decentralized and because they operate not by coercion but by private reproductive choice 5 We are however occasionally given glimpses of the import of our choices When Joycelyn Elders was Governor Bill Clinton's surgeon general in Arkansas she testified before Congress in favor of the Freedom of Choice Act Abortion has had an important and positive public health impact she 30 SPRING 2006

THE HUMAN LIFE REVIEW said It has reduced the number of children afflicted with severe defects She gave an example The number of Down's syndrome infants in Washington state in 1976 was 64 percent lower than it would have been without legal abortion 6 The remark did not keep her from being nominated by Clinton a few years later to be the surgeon general of the United States or from being confirmed We like to think that eugenics is a thing of the past that it died in the ashes of Nazi Germany Today's Supreme Court would not bless a forced sterilization with the words Three generations of imbeciles are enough Also It is better for all the world if instead of waiting to execute degenerate offspring for crime or to let them starve for their imbecility society can prevent those who are manifestly unfit from continuing their kind Yet the history of eugenics is worth reflecting on not least because the history of abortion cannot be divorced from it Consider the case of Margaret Sanger the founder of Planned Parenthood who is still revered by it While she herself opposed abortion 8 Planned Parenthood takes its support for it to be a straightforward extension of its support for birth control And Sanger's crusade for birth control and voluntary sterilization g was openly eugenicist She worried about the increasing race of morons in the United States and complained that a moron's vote was just as good as that of his betters She told the New York legislature that the Jewish people and Italian families were filling the insane asylums and hospitals and feeble minded institutions Taxpayers were thus subsidizing the multiplication ofthe unfit when they should have been spending money on geniuses She condemned eighty five million Americans as mediocre to imbecile 10 Lest we judge her too harshly we should note that these sorts of sentiments were not unusual among the upper class and the intelligentsia in the first half of the last century To take one example from hundreds The New Republic editorialized in favor of contraception in a similar vein Few intelligent people would still maintain that it is better to have been born an imbecile than not to have been born at all This hideous doctrine it continued must be denounced as a conspiracy by the superstitious a iainst the race The conspiracy resulted in the multiplication of the unfit 1 This kind of thinking remained very much alive during the debate about abortion in the run up to Roe The respected scientist Ashley Montagu wrote If life is sacred then it is about time we began treating it as such instead of continuing to commit the frightful tragedies we do in permitting individuals to be brought into the world who will suffer all the days of their lives from seriously disabling defects The initial basic right of the individual should be to be born SPRING 2006 31

RAMESH PONNURU without handicap Anyone who in the light of the facts assists in bringing a seriously handicapped child into the world in my view commits a crime against humanity Abortion could prevent that crime 12 A similar view was expressed by Bentley Glass in his 1971 presidential address to the American Association for the Advancement of Science Defending the right of every child to be born with a sound physical and mental constitution based on a sound genotype he looked forward to a future time when n o parents will have a right to burden society with a malformed or a mentally incompetent child 13 Traces and more than traces of the old eugenics live on in current attitudes and practices The eugenic mindset has spread since Roe It can be seen in the popularity of Freakonomics and its speculations about abortion and crime 14 It can also be seen in the selective abortion of those whom we no longer label but obviously till consider the unfit We frown on abortion for the purpose of sex selection although we don't prohibit it and it would be hard to do so while keeping abortion generally legal in part because we think it expresses a negative view of women We don't seem to have that worry about people with disabilities Health is a basic human good It is perfectly understandable that disabilities should frighten and sometimes even disgust us We might look at a disabled person and comparing his condition to our own health believe we wouldn't want to live that way This is especially true if we have more fears than knowledge about what life with a disability entails Almost every parent of a disabled child would wish that his child not have a disability or that a cure be found We are right to value health but not by devaluing the unhealthy Notice the way our language sometimes slips into identifying a person with his affliction as in Elders's reference to Down's syndrome infants We wouldn't call someone a breast cancer woman The medical project should be to make people better not to make better people The improved condition of people with Down syndrome over the last few decades complicates both sides of the debate Such people at least those whom we allow to live have better prospects than ever before Their life expectancies have risen and most of them can learn to read and hold a job contrary to what some pregnant women are told 15 Our society treats disabled children and adults in general better than it used to outside the contexts of abortion and euthanasia So the worst pro life fears about the dehumanization of the disabled have not been realized It may be of course that our treatment of disabled children and adults would be even better if we did not routinely kill disabled fetuses in the womb But the same trends also make our treatment of disabled fetuses in away 32 SPRING 2006

THE HUMAN LIFE REVIEW more alarming Down syndrome isn't a terminal illness although it is a difficult and expensive condition Yet we consider it something to be stamped out in the womb We don't even protest at the starv ation of infants who have it In the Baby Doe case of 1982 a baby boy was born in Indiana with Down syndrome and a common symptom of that syndrome an improperly formed esophagus The boy's parents decided against surgery to fix the esophagus opting instead to give him painkillers and let him die of starvation The Reagan administration sought to intervene but was turned aside It later promulgated regulations to ensure that babies receive medical care but courts struck them down 16 Perhaps some future society no doubt with its own smugness and its own sins will condemn our barbarity Or perhaps our eugenic tendencies will grow even stronger One danger is that we will come to see children less as gifts than as products of manufacture The commodification of human life is almost upon us The biotech industry is looking at patenting early stage human organisms pursuant to stem cell research Will we grow less and less tolerant of what we see as defective goods Will we abort children who are deaf or blind or dumb or short or gay How will the health and insurance industries treat us if we don't How will our neighbors or the strangers that we meet All over this country there are people sitting in seminars at think tanks colleges and working groups pondering these questions as though they concern the future But these evils already exist in embryonic form today Just ask Patricia Bauer Or listen to Joycelyn Elders The party of death has corrupted the practice of medicine turning healers into killers Bernard Nathanson made that journey and returned Nathanson was one of the founders of the National Association for Repeal of Abortion Laws In the 1970s he directed what was at the time the largest abortion clinic in the world the Center for Reproductive and Sexual Health in Manhattan He performed he says many thousands of abortions It was not a religious conversion but technological and scientific advances that changed his mind His thinking about abortion like that of many other people was powerfully affected by the development of ultrasound technology When ultrasound in the early 1970s confronted me with the sight of the embryo in the womb I simply lost my faith in abortion on demand he later wrote He was at the time an atheist It was not only the images that swayed him but the new understanding of fetal development that ultrasound made possible As recently as 1969 we knew almost nothing of the fetus when abortion on demand was unleashed in the United States fetology essentially did not exist SPRING 2006 33

RAMESH PONNURU Nathanson went on to become a pro life author speaker and documentary producer His 1985 film The Silent Scream is misremembered today It was not primarily an attempt to prove that abortion inflicts pain on a fetus exactly when the fetus develops to the point of feeling pain is still a disputed question It was a depiction of the violence of abortion By 1984 I had begun to ask myself more questions about abortion What actually goes on in an abortion I had done many but abortion is a blind procedure The doctor does not see what he is doing He puts an instrument into a uterus and he turns on a motor and a suction machine goes on and something is vacuumed out it ends up as a little pile of meat in a gauze bag I wanted to know what happened so in 1984 I said to a friend of mine who was doing fifteen or maybe twenty abortions a day Look do me a favor Jay Next Saturday when you are doing all these abortions put an ultrasound device on the mother and tape it for me He did and when he looked at the tapes with me in an editing studio he was so affected that he never did another abortion 17 NOTES 1 The Year in Medicine Time Dec 5,2005 Amy Dockser Marcus A Brother's Survey Touches a Nerve in Abortion Fight Wall Street Journal Oct 3 2005 p AI Tucker Carlson Eugenics American Style Weekly Standard Dec 2 1996 p 20 2 Jonathan Finer Study Negativity Often Tied to Down Syndrome Diagnoses Washington Post April 29 2005 p A3 3 Ibid Marcus op cit 4 Marcus op cit Patricia Bauer The Abortion Debate No One Wants to Have Washington Post Oct 18,2005 p A25 Disability Abortion and the Nature of a Tough Decision letters to the editor Washington Post Oct 22 2005 p A19 5 Leon Kass A More Perfect Human speech at the U S Holocaust Memorial Museum March 17,2005 Of course private reproductive choice does worse than coerce the unborn child 6 Joycelyn Elders testimony before Senate Committee on Labor and Human Resources May 23 1990 7 Justice Oliver Wendell Holmes's opinion for the Court in Buck v Bell 1927 See also Paul Lombardo Three Generations No Imbeciles New Light on Buck v Bell New York University Law Review vol 30 April 1985 8 At least in public See Angela Franks Margaret Sanger's Eugenic Legacy McFarland Co 2005 p 11 9 Sanger was a sponsor of Americans for Voluntary Sterilization but both its and her view of what constituted a voluntary sterilization were elastic See Ian Dowboggin A Rational Coalition Euthanasia Eugenics and Birth Control in America 1940 1970 Journal ofPolicy History Vol 14 NO 3 2002 pp 238 39 See also Franks op cit pp 187 88 10 David Tell Planned Un Parenthood Weekly Standard Jan 27 2003 see generally Franks op cit 11 The Control of Births The New Republic March 6 1915 p 114 12 Letters to the Editor New York Times Feb 28 1969 13 Bentley Glass Science Endless Horizons or Golden Age Science Vol 171 1971 p 28 14 To be precise the Freakonomics theory is eucultural rather than eugenic The authors don't claim that genes destine certain unborn children to be criminals poor upbringing brought on by their unwantedness does Such distinctions probably have little to do with the popularity of the theory 15 See George Will It's Better to Exercise the Right to Live Augusta Chronicle April 14 2005 16 Jim Holt Euthanasia for Babies New York Times Magazine July 10,2005 17 Bernard Nathanson The Hand ofGod Regnery 1996 esp pp 129 140 41 34 SPRING 2006

"YOUR BABY WILL DIE": THE STORY OF GRACE

66Your baby will die99 The Story of Grace Sandi Seyferth Sandi Seyferth lives in the Midwestern United States Michigan with her husband Patrick and their five children She is a stay at home mom and enjoys managing her active family volunteering at school and within the community photography scrapbooking and travel As a retired certified public accountant she hopes to one day assist her husband's busy law practice In early June 2002 my husband and I found out we were expecting our fifth child We were very excited about the news and everything seemed normal as I began the familiar symptoms of nausea moodiness and fatigue and I silently prayed for an uneventful nine months During my first doctor's visit the need for prenatal testing was brought up I listened politely but quickly informed him that I was really not interested and that I would be committed to the pregnancy regardless of any anomalies He went on to explain that I really did not know what I would do if I had the information and I should get it anyway Since I continually declined testing the doctor wanted to make sure that my ultrasound was done right at 18 weeks The ultrasound date came quickly and my husband and I were excited to see our growing baby The routine ultrasound seemed to be moving along okay although it took a very long time and the technician seemed to be taking a lot of pictures of my baby's bones We thought this was rather odd and joked between ourselves with eye gestures and smiles After all the ultrasound pictures were completed the technician left and was gone for a long time When she returned she began taking additional measurements of our baby's kidneys I started to worry but was somewhat relieved that we were not immediately referred to the staff doctor After that we were free to go home I phoned my doctor that afternoon and when he called me back he announced that there were some problems with my baby My amniotic fluid was very low my baby's bones were small the femur bones were curved the head was odd shaped and the kidneys stomach and bladder were abnormally sized In addition the report said that my baby's left foot was Sandi Seyferth's The Story of Grace appears in Defiant Birth Women Who Resist Medical Eugenics Spinifex the new book by long time Review contributor Melinda Tankard Reist Ms Reist is an Australian writer and researcher with a special interest in bioethics women's health and medical abuses of women Reprinted with permission of Spinifex Press SPRING 2006 35

SANDI SEYFERTH turned possibly clubbed He referred me to a perinatologist and added that the report indicated a pregnancy which in his opinion smelled like chromosomal problems especially in light of my advanced maternal age 37 and that I should keep my options open My husband and I reacted quickly We were lucky enough to get an appointment with the Director of Ultrasound who is a board certified perinatologist at a well regarded research facility in our major city The hospital and our doctor both have national reputations in handling high risk pregnancies We were hopeful that the small local hospital that performed the first ultrasound was simply wrong and that the specialists here would set the record straight My ultrasoundwas scheduled for Thursday 12 September Our world would never be the same after that day After an hour long ultrasound performed by a highly skilled technician the nationally regarded perinatologist personally came in to perform a second ultrasound in uncomfortable silence We watched in horror at the whispering between the growing team Finally the curved femurs were pointed out to my husband and me and we were then asked to wait for the doctor in the office down the hall She arrived about half an hour later and informed us of the devastating diagnosis a lethal type of skeletal dysplasia As a result there was no reason to mince words Your baby will die Lethal skeletal dysplasia the doctor explained is a rare form of dwarfism in which the child's arms and legs are extremely short and malformed and the chest cavity is very small In these circumstances a baby cannot sustain life for more than a few hours because the narrow chest cavity does not allow the lungs to develop properly or to expand and provide the proper amount of oxygen necessary to sustain life So long as the baby is attached to the mother she will develop and grow However the cutting of the cord is itself the severing of the only lifeline sustaining the child As a result the baby dies of respiratory distress The options interruption of the pregnancy or continue on with periodic monitoring of the baby's condition and prepare for a burial shortly after the birth We left in a pool of tears and shattered dreams Over the course of the next few days my husband and I discussed our socalled options We did not want to terminate although we did not yet quite understand how long we should carry the baby whether or not we should deliver early after seven months We talked with friends and family We had such a range of advice however one thing really hit home My sister in Iaw's priest explained the confusing situation in clear and beautiful words God does not value a life as a number of years or even days we've 36 SPRING 2006

THE HUMAN LIFE REVIEW spent alive here on earth All life is equally valuable no matter how short and we can never fully understand the impact of one life on all of humanity We decided to carry our child to term and to love her for the time she would spend with us inside me As we made this decision we embraced her sweet kicks each night we found out the sex of our baby something we had never done before and named her Grace which means undeserved gift from God My original obstetrician on receiving the ultrasound report and learning ofmy desires to carry the baby to term quickly dropped my case He did not want to handle my prenatal care and even said that 90 percent ofpeople with my diagnosis would have made the appointment by now I transferred to the perinatal facility which provided an entire team of specialists who would closely follow our case I entered a fetal assessment program and had ultrasounds performed monthly to monitor my baby's progress Our meetings were coordinated by the Director of Genetics who was not at all sensitive to my decision not to terminate In fact until 28 weeks had passed and a termination was no longer possible this topic was the focus of our monthly meetings My husband and I stayed the course of our decision and avoided the geneticist's attempts to spread doubt and fear However I must admit it was very difficult not to be bothered by his comments and advice The diagnosis of our daughter's condition was validated at each ultrasound small femur bones and other long bones an easily manipulated bone structure and a very narrow chest cavity Her feet were always perplexing to the doctors no one was ever quite sure what was wrong with them and this apparently was all part of the skeletal dysplasia During one of the assessments I had a three dimensional ultrasound A beautiful clear image of our daughter's face was given to us We kept this image on our refrigerator door It carried me through the tough times and helped me believe in this little life inside of me although the General Electric commercials with the song The first time ever I saw your face were simply too much to bear I longed for the day I would hold her even if her time alive was very short I longed for her just the same The last of my six ultrasounds was performed on 30 December Grace's measurements were so poor at this time that they stopped the ultrasound after measuring only one side of her body In the exam room were the Director of Ultrasound Director of Genetics two neonatologists and a technician They all agreed that the prognosis of lethal skeletal dysplasia was correct and would take Grace's life upon birth We provided a birth plan which SPRING 2006 37

SANDI SEYFERTH stated that there would be no ventilation that the baby was to be wrapped in a blanket and given to my husband and me after birth so that we could spend time with her Her predicted life span was given as four to six hours The hospital agreed to let our four other children come to see their sibling We made plans to have the baby baptised The only other arrangements we made were with the cemetery On 8 January 2003 I started to have some slight cramping and other symptoms indicating that I may be going into early labor My husband had a short trip to Arizona planned and was leaving on the early flight the next day I told him about my symptoms and he insisted I call my doctor who said to come to the hospital in the morning and he could check me out Convinced that I may be going into labor I packed my bags and loaded them in the car On the morning of 9 January I was hooked up to a fetal monitor and checked for dilation effacement at the hospital The doctor calmly stated that I had not dilated at all and my cervix didn't appear shortened He said he was confident I would not deliver until closer to my due date 18 February He told my husband to catch the next plane out Relieved by the news I drove my husband to the airport on an unusually warm and sunny January day Feeling better than I had in months I drove home and felt an unusual peace and happiness Not that my daughter would live but just that I could endure what lay ahead although there were emotional lapses caused by such things as the expiry date on the carton of milk that was after the date my baby would be born and die At about 2 pm that day I received a phone call from my husband The fog was so bad in Phoenix they could not fly He returned home Incredibly at about 11 30 that same evening my water suddenly broke at 35 weeks gestation We called my parents to come stay with the kids and left for the hospital Our adrenaline was high and our emotions ranged from fear sadness longing to finally hold our baby and confusion On arrival my doctor examined me checked the position of the baby via ultrasound ordered an epidural and informed the nurse that there was no need for a fetal monitor The doctors were so sure that Grace would not live that there was no need for monitoring Grace Marie was born at 11 19 am All eyes were on my daughter as she emerged screaming from the womb and my first impression was Wow She doesn't look that unusual to me Weighing in at 4 lbs 2 oz Grace was indeed a small baby Doctors and nurses immediately began to assess her breathing and vitals There were about eight to ten medical doctors and nurses in the room assisting In addition several other resident doctors and researchers 38 SPRING 2006

THE HUMAN LIFE REVIEW were in the doorway and hallway hoping to catch a glimpse of the dysplasia baby Our nurse who by this time had become completely empathetic to our situation forced unnecessary observers away from our room The doctors and nurses were busy yet no one was saying very much They gave Grace a little oxygen to pink her up and given the fact that she was five and a half weeks early her respiratory wellness was no less than unbelievable Grace's APGARs were eight and nine They wrapped her in a blanket and handed her to my husband and me Wejoyfully embraced Grace and took lots of pictures of her Grace was cleaned up and while she was gone my parents and our children arrived followed by my two sisters in law Then came the chaplain who performed the most beautiful baptism of Grace right in our labor and delivery room We were all crying and so happy that Grace was alive long enough to be baptised We took pictures of everyone holding her Despite the fact that we were still not expecting much more time with her everyone was so happy We were celebrating About an hour later Grace began a form of respiratory distress known as grunting The neonatal nurse who had been staying with us since her birth needed to take her to the newborn intensive care unit for evaluation We all feared that this was the beginning of the end for our beautiful daughter The jovial mood in our room immediately changed to sadness Our family left saying tearful goodbyes to Grace and we went out to talk to the neonatologists The neonatologists wanted to do a variety of tests on Grace right away They informed us that a team of pediatric doctors were already waiting for her at the Children's Hospital connected to the delivering hospital by underground tunnel We agreed to have Grace tested My husband went with her During the tests Grace screamed so loud he couldn't believe it was our little four pound baby When they returned the doctors took Grace back to Special Care and we waited anxiously for the results of the tests About two hours later the head of Neonatology called and asked if she could meet with us in our room She excitedly told us the unbelievable news the X rays indicated that Grace did not have skeletal dysplasia lethal or non lethal and that her bone structure was very proportionate They felt she was small however did not feel she was out of the normal range she was in the tenth percentile for height and weight The doctor also announced that Grace had oxygen saturation of 100 percent Apparently the respiratory grunting had resolved itself when Grace screamed the mucus out of her lungs during testing She was nippling bottles well and maintaining her own temperature They had no reason to SPRING 2006 39

SANDI SEYFERTH even keep her in Special Care and were bringing her down to room in We were in a complete state of shock My husband and Ijust hugged and cried Family and friends were called and we cried with each one of them Everyone was stunned by Grace and the amazing result after all the terrible predictions My husband and I spent the next two days in the hospital with Grace we took turns just holding her staring at her We were so filled with happiness and thankfulness The nurses had a baby shower to celebrate her life On Sunday we were discharged together The memorial service we had planned for Grace was immediately changed to a celebration of her life Grace is now fifteen months old and an exuberant bundle of energy She is walking talking and doing all the things a normal fifteen month old would do She is still a tiny little thing 16 pounds at one year of age but it has not stopped her one bit She is a light to our whole family and a constant reminder that you never can lose faith even when all seems hopeless I shudder to think of my feelings on this day had we listened to the many specialists who felt interrupting this pregnancy would be our best option Would I ever have known the truth about my lovely daughter Even if the diagnosis had been correct the hours or even minutes holding her would have been easily worth the pain and suffering Later many people told us that seeing me carry this baby had affected their lives in ways I would never know We are forever grateful that we listened to our hearts l Shhh I hear something living 40 SPRING 2006

HOW THE SUPREMES FLUNKED HISTORY

How the Supremes Flunked History Mary Meehan Joseph W Dellapenna is a law professor who specializes in environmental law and has taught at Villanova University for three decades He is a Unitarian but says he might be described as a lapsed Unitarian for I find even that church too restrictive Married twice he has three daughters and two sons He notes several close encounters with abortion in my life including professional and personal relationships with women who have had abortions l Dellapenna is also a fierce critic of Roe v Wade and has been for more than 30 years As a young professor he was studying population policy when the Supreme Court decided Roe in 1973 Justice Harry Blackmun had relied on two articles by law professor Cyril C Means Jr for his Roe history of abortion law so Dellapenna read the Means articles He found some oftheir claims to be seriously deficient even based on the evidence Means himself presented Dellapenna started researching and writing about the history of abortion law and eventually submitted friend of the court briefs in major abortion cases 2 His criticism of Roe has been so strong that in the Fall 2005 issue of this Review I mistakenly identified him as a right to lifer He is not As he explains in his huge new book Dispelling the Myths ofAbortion History Durham N C Carolina Academic Press 2006 95 he believes abortion should be legal up to eight weeks of gestation He cites articles on brain birth to support his position but does not actually argue for it in the book 3 His main focus is the history of abortion law in England and the United States The English emphasis is important because English common lawthe customary law based on cases and precedents rather than statutesoften was decisive in early U S history unless replaced by specific statutory law 4 American lawyers and judges had to know the common law Dellapenna says there were no state anti abortion laws until 1821 when Connecticut enacted the first New York City though had passed a municipal ordinance in 1716 that barred midwives from administering any Herb Medicine or Potion or any other thing in order to cause an abortion 5 Dellapenna shows that the late Prof Means who taught at the New York Law School was wrong in claiming there was a common law liberty to have an abortion If there were such a liberty there might be a strong argument that the Constitution's Ninth Amendment protects it as a right retained by the people He says the history embraced in Roe could not Mary Meehan a freelance writer living in Maryland is a senior editor of the Human Life Review SPRING 2006 41

MARY MEEHAN withstand careful examination even when Roe was written Research since that time has shown the Roe version of history to be even worse than many critics had thought Sir John Hamilton Baker an expert on English legal history who teaches at the University of Cambridge has found and translated early case records that previously were available only in Latin or Law French a leftover from the Norman conquest of England California attorney Philip Rafferty with much assistance from Baker has gone deeply into those common law cases Dellapenna has drawn on their work and has done much of his own research on the medical history of abortion 6 In painstaking research Baker and Rafferty uncovered early English abortion cases that the legal community including the Supreme Court did not know about in 1973 Rafferty in his Roe v Wade The Birth ofa Constitutional Right documents over 100 English abortion related cases that occurred before the American colonies declared their independence from England in 1776 His appendices consisting mainly of verbatim case reports provide an enormous amount of information on these and later cases The information shows that Justice Blackmun was clearly wrong about the common law Legally speaking Roe v Wade is already tottering on the edge of a cliff The Baker Rafferty Dellapenna research should help push it over Dellapenna calls Dispelling the Myths ofAbortion History an argumentative book Indeed it is It's a book of ferocious intellectual combat in which he does not spare his adversaries Prof Means he points out was general counsel of the National Association for the Repeal of Abortion Laws NARAL when he wrote one of the articles cited by Justice Blackmun in Roe Dellapenna charges that Means designed his research to support the political task of changing the abortion laws missed much key evidence and distorted other evidence 8 Other scholars including Linda Gordon Angus McLaren James C Mohr Leslie J Reagan John M Riddle and Laurence Tribe eome in for their share of criticism as well At 1,283 pages and over 8,000 footnotes this is a massive book one its author worked on for 15 years For all its depth and richness though it does have real flaws Typographical errors abound suggesting over reliance on a computer's spell checking program Spell checking does not catch a real word that's used in the wrong place so we find references to a crime waive and the second waive of feminism as well as principle for principal and loose for lose 9 There ar e many other typos e g an abortion rate is said to be five times more higher than another and a process often has often been abused l0 I've never before seen so many such errors in one book In such cases though the reader can usually tell what is meant More serious is the statement that a group of people who had handicaps as chil ren 42 SPRING 2006

THE HUMAN LIFE REVIEW unanimously agree that they should have been allowed to die The original source makes it clear this should read not have been allowed to die ll There are also footnote references that give the wrong numbers of other footnotes 12 something that often happens when notes are added or deleted during the revision process There are places where a description is confusing or contradicts something said elsewhere in the book An account of Roe v Wade indicates that attorney Sarah Weddington did not use in court plaintiff Norma McCorvey's claim that her pregnancy resulted from rape a story McCorvey recanted years later Yet elsewhere the same account says that this lie repeated frequently in open court was carried up without question and appears in the Supreme Court opinion as well In fact the page cited in the Roe opinion refers not to McCorvey's claim of rape but rather to a policy on rape and abortion proposed by a committee ofthe American Medical Association The Roe opinion's description of Jane Roe McCorvey's pseudonym says nothing about a rape claim 13 All of this might be explained by the limitations of word processing the many interruptions by other work over a IS year period or sheer exhaustion I would hope to see a revised edition of Dispelling the Myths ofAbortion History one thoroughly copy edited and fact checked so that it can't be challenged A book may be accurate for the most part as I believe this one is yet rejected by many because it has a flock of minor errors and a few major ones Yet the book is a gold mine of information and interpretation 1l'llne IDrne CommOllu Law Dellapenna believes that changes in abortion techniques had enormous influence on the incidence of abortion Abortion was relatively rare before the 1800s he says because most methods tried before then were either ineffective or else very dangerous for the mother Folk medicines often were useless poisons could kill the mother as well as the child and abortions by instrument were rare and exceptionally dangerous in the era before anesthesia antiseptics and antibiotics 14 Some medieval English cases involved women who fought with other women and injured them severely enough to cause abortion More common though were cases of male assaults against women that resulted in abortion Some assaults were connected with other crimes such as robbery or attempted rape while husbands or boyfriends were responsible for others Sometimes the records suggest deliberate attempts to cause abortion sometimes not Many suggest great brutality In Rex v Cokkes 1415 a man was accused of beating a woman and causing her to give birth to twins five weeks before her time to the great dispair sic of her life by which assault the back of SPRING 2006 43

MARY MEEHAN one child and the legs or limbs of the other were broken so that they died immediately after their birth And in the 1622 case of Rex v Thomas Hallibred Hallibred was accused of kicking his wife when she was great with child She was soon delivered of a child with all the forepart of the skull beaten into the head a most pitiful sight to be seen dead 15 Possibly the first recorded English case Agnes's Appeal in the year 1200 involved the medieval English practice of appeal of felony This was a form of private prosecution that usually meant trial by combat A woman needed a champion a family member or someone she might hire to battle on her behalf against the person she accused A defendant who failed to appear for combat was declared an outlaw and in the early years could be killed by anyone 16 Agnes daughter of Saxi claimed that John of Paris had assaulted her when she was actually in labor saying that he came to her house and dragged her out by the feet and struck her with a certain pole in such a way that she lost her child I John of Paris claimed he was entitled to a trial involving oaths rather than battle The outcome is unknown but Dellapenna says nobody questioned the propriety of the charge only the method of trial 18 Henry de Bracton the first major compiler of the common law wrote in the mid 1200s that if someone strikes a pregnant woman or gives her a potion in order to procure an abortion if the foetus is already formed or animated especially if it is animated he commits homicide 19 Philip Rafferty says estimates of when a fetus is formed has a human body ranged from 45 days to three months or more Animation receiving a human soul occurs at about the same time some thought while others placed it later 2o In practice I suspect people in the Middle Ages and the early modern era simply judged whether an aborted child looked human to them While many COmmonlaw cases clearly dealt with late pregnancy many others said nothing about the child's age or size The distinctions between formed or unformed animated or not animated have bedeviled the abortion debate and discriminated against the youngest of the unborn at least since the time of Aristotle In the Middle Ages as in ancient times people had no knowledge of genetics and did not understand embryonic and fetal development They had no ultrasound fetoscopy or other windows on the womb St Thomas Aquinas and other leading theologians accepted Aristotle's theory of delayed ensoulment they believed that early abortions were gravely sinful but not homicide 21 And lawyers had major evidentiary problems when dealing with abortion In an early abortion what was visible to the naked eye might not seem human to a witness If someone beat a woman severely and she miscarried weeks later how could 44 SPRING 2006

THE HUMAN LIFE REvIEW one prove that the beating caused the miscarriage If a child was stillborn how could one prove that he or she was alive when the abortion occurred There was though some protection for the unborn before the time of formation or of quickening when that later became the norm In the Middle Ages and for some time after the Reformation church courts in England prosecuted some abortion cases including ones that involved potions or drugs And for at least part of that period doctors midwives and apothecaries druggists took oaths that they would not do abortions or provide drugs for them 22 In Juliana's Appeal around 1256 the defendant had beaten one Juliana daughter of Maynard so that he killed her boy in her womb and fled The man was outlawed 23 Rex v Scharp a 1276 case involved wool merchant Richard Scharp who beat his wife Emma so that she gave birth to a stillborn boy Scharp was arrested and released on bail but died before the case could be concluded There was a judgment though against the sheriff who had allowed bail on pledges from only six men because according to the law of the City London no one accused of a man's death should be released on bail except on the pledges of twelve men 24 Thus the stillborn boy was considered a man And the fact that most early abortion cases involved assaults against women Dellapenna comments reflects the long held tradition that an aborting mother was seen as a victim rather than a criminal He calls this a common law tradition 25 A Case MisunJIllllllerstood fr'or CellJl tunrnes One assault case known at the time of Roe and heavily relied on by Cyril Means was known only by an incomplete report and thus was misinterpreted by some major commentators Means also misinterpreted it claiming it established that abortion was not a felony at all at common law In the 1327 28 case of Rex v de Bourton Richard de Bourton was accused of beating a woman late in pregnancy She was carrying twins the beating allegedly killed one in the womb and caused the other to die soon after birth The brief report upon which Means relied said the judges were unwilling to adjudge this thing a felony Prof Baker found original court records of the case showing that Bourton had been accused of a felony with respect to at least one of the twins and possibly both One record quotes a message from King Edward III about the case Relying on information from his chief justice the King wrote that Bourton had been indicted for beating a tailor's wife Alice Carles who was greatly pregnant with twins so that he feloniously killed one of the aforesaid children in the belly of the same Alice its mother and broke the SPRING 2006 45

MARY MEEHAN head and arm of the other so that it was forthwith born and baptized by the name of Joan and immediately died Other court documents refer to Joan's death alone as a felony although Prof Baker has suggested this may have been clerical shorthand Bourton's case was delayed when he was arrested on another allegation and delayed again when jurors failed to appear for the twins case Meanwhile Bourton obtained a royal pardon that ended the twins case Dellapenna notes that pardons were then issued to many on condition that they agree to serve in the Scottish wars Bourton though appears to have been exempted from such a condition perhaps indicating that he was well connected at court Baker Dellapenna and Rafferty all say the judges unwillingness to adjudge this thing a felony was just a preliminary conclusion related to bail In other words the judges thought that if Bourton had beaten Alice Carles he may not have acted with malice aforethought in the sense of intending to kill the twins But the question of whether Bourton had in fact committed a felony was left open until the royal pardon ended the case 26 In the 1602 case ofRegina v Webb Margaret Webb was indicted for selfabortion The indictment accused her of destroying the child in her womb by eating a poisonous substance called ratsbane The brief record doesn't show whether the case actually went to trial but notes that Webb was pardoned by the general pardon 27 Sir Edward Coke a colossus of English legal history dealt with abortion in his Third Institute 1644 He said that when a woman who was quick with childe aborted herself or was beaten by a man and the child was born dead then this is a great misprision and no murder Elsewhere he described this type of misprision as some heynous offence under the degree of felony But if the child was born alive and then died of an injury received in the abortion attempt Coke said the offense was murder 28 Coke thus modified Bracton and created the born alive rule It's hard to be sure what Coke meant by quick with childe The term usually is interpreted to mean quickening that is the time when a pregnant woman first feels fetal movements Medical authorities today generally place this at 16 20 weeks of pregnancy 29 But Dellapenna and Rafferty say the term quick with child sometimes meant simply that the child was alive and Rafferty makes a strong case on this point 3D More Mischief From Means to Blackmun Prof Means who claimed to have presented English common law on abortion thoroughly 31 managed to miss most of the cases This enabled him to say that the sketchy record of what he called The Abortionist's Case 46 SPRING 2006

THE HUMAN LIFE REVIEW 1348 proved that abortion was not a crime of any type at common law The case record stated One was indicted for killing a child in the womb of its mother and the opinion was that he shall not be arrested on this indictment since no baptismal name was in the indictment and also it is difficult to know whether he killed the child or not etc 32 Yet the issue of baptismal name was not even raised in most abortion cases And if the authorities felt the evidence was insufficient for trial in The Abortionist's Case that said absolutely nothing about evidence in other cases Justice Harry Blackmun relying on the writing of Prof Means wrote in Roe v Wade that it seemed doubtful that abortion was ever fIrmly established as a common law crime even with respect to the destruction of a quick fetus Compare that remark with Agnes's Appeal Juliana's Appeal Rex v Scharp Rex v de Bourton Regina v Webb and the following cases scattered over several centuries Relying on Rafferty's appendices I have noted the outcome of each case where known but the key item is the charge or indictment since it shows the criminal status of abortion Merchant v Andevere 1249 Philip of Andevere was accused of beating a woman wickedly and in felony and thus causing a miscarriage Andevere was convicted of striking her but acquitted of causing a miscarriage Rexv Haule 1321 Maude de Haule was accused of throwing another woman out of a house and thus causing the premature birth of the woman's baby girl who died right after birth Haule was hanged but it's not clear whether it was for this offense another offense or possibly a combination Rex v Portere 1400 John Portere was accused of waylaying William and Agnes Pounfret he so squashed the pregnant Agnes that her child Walter died soon after birth Portere was convicted but received a pardon Rex v Wodlake 1530 According to the indictment William Wodlake feloniously killed and murdered the unborn child of Katharine Alaund by giving Alaund a certain drink in order to destroy the child Wodlake died before the case could be tried Rex v Squire 1687 The indictment said that William Squire feloniously wilfully sic and of his malice aforethought poisoned killed and murdered the unborn child of himself and Hannah Holman by giving Holman a mixture including white mercury She gave birth to a boy who was said to be seriously diseased by the poison and who died a few months after birth Holman apparently was the only witness against Squire he was acquitted Rex v S G and R T between 1731 1761 The indictment accused S G when quick and pregnant of feloniously taking a poison that made her unborn son sick and distempered so that he died soon after birth It SPRING 2006 47

MARY MEEHAN also accused R T a male laborer of being an accessory One or both defendants apparently fled and were subjected to forfeiture of goods Rex v Beare 1732 Eleanor Merriman Beare was indicted for aborting her servant Grace Belford by putting an iron instrument up into her body Convicted on that count and a separate count of giving a man poison to kill his wife Beare was sentenced to stand on the pillory the two next market days and to suffer close imprisonment for three years 33 There were also at least six cases from 1589 to 1811 in which women died after abortions by assault poison or instrument and the abortionists were convicted and executed 34 As it evolved through the centuries English common law did not treat abortion as ordinary homicide This was partly due to confusion about formation animation and quickening but the vexing problem of evidence was also a major factor The record shows concern about the lives of both mothers and children but clearly not enough for sufficient protection In 1803 Parliament passed a law that made abortion a felony and one punishable by death when done while the mother was quick with child An 1837 law deleted the quick with child distinction it also substituted imprisonment or transportation exile for the death penalty According to Dellapenna the penalty was changed because juries were increasingly reluctant to convict abortionists if the penalty were death He says this reluctance wasn't unique to abortion but extended to all capital crimes He emphasizes that legal changes in the 1800s were primarily directed at the protection of fetal life and that new scientific evidence about conception had much to do with those changes 35 Meanwhile in America Apparently no one has done a thorough check of American colonial records for abortion cases Some colonial court records were destroyed or lost others Dellapenna says are in unsorted and unindexed boxes that must be searched item by item in each county seat There was a 1634 Virginia case about an alleged beating that caused a miscarriage but the outcome is unknown In 1683 a woman in Rhode Island was whipped for fornication and an abortion attempt 36 In the early 1650s in Maryland Captain William Mitchell was accused of trying to destroy or Murther murder the Child by him begotten in the Womb of his mistress He had made her take some Phisick to kill the child which was stillborn Mitchell was convicted of Murtherous intention as well as adultery and fornication and was fined 5,000 pounds of tobacco A spine chilling Maryland case in 1663 was that of Jacob or John Lumbrozo asurgeon who allegedly raped his maidservant 48 SPRING 2006

THE HUMAN LIFE REVIEW and when she became pregnant made her take a Phisick that caused an abortion He apparently disqualified her as a witness against him by marrying herY In a 1740s Connecticut case a grand jury indicted John Hallowell for having tried to destroy the health of Sarah Grosvenor and the fruits of her womb He had aborted Grosvenor and she had died about one month later Hallowell was convicted and sentenced to 29 lashes and to exposure on a gallows for two hours with a rope around his neck but he avoided punishment by escaping the colony 38 American interpretation of the common law generally followed William Blackstone whose 1765 69 volumes Commentaries on the Laws of England were a key authority for U S lawyers and judges both before and after the American Revolution Blackstone wrote that abortion of a woman quick with child that resulted in the birth of a dead child was by the ancient law homicide or manslaughter But the modem law doth not look upon this offence in quite so atrocious a light but merely as a heinous misdemeanor He supported Sir Edward Coke's born alive rule 39 Dellapenna shows that in the United States as in England new scientific evidence about fetal development led to much anti abortion legislation in the 1800s While early laws often made a quickening distinction later ones generally did not Dellapenna presents much information on changes in abortion techniques and social life that led to major increases in abortion in the late 1800s and the 1900s Taking the story through the year 2003 he deals with Roe v Wade and other major abortion cases at length In breaks between long sessions of reading his book I began to wonder why it had taken the Supreme Court so long to deal with abortion From research in other sources it was my impression that the Court's first abortion decision was in United States v Vuitch a 1971 case about District of Columbia law Returning to Dellapenna I was amazed to find five Supreme Court cases long before Vuitch that touched on abortion The cases with dates ranging from 1877 to 1949 didn't involve constitutional challenges to anti abortion laws But they showed that the Court took for granted the criminal nature of abortion None of the justices suggested any constitutional problems with anti abortion laws In fact two or three of the decisions upheld state action against abortionists Dellapenna notes that Justice Blackmun did not even bother to cite let alone to discuss the five cases in his Roe opinion 40 In a 1988 essay describing cases unrelated to abortion constitutional historian Leonard W Levy remarked that the Supreme Court rarely gets its history right and that the Court has flunked history But he also pointed out an instance of the Court's past conduct that offers hope for the future SPRING 2006 49

MARY MEEHAN After a 1931 Court decision that mangled history in establishing a two sovereignties rule on compelled testimony Levy writes a serious historian published articles that left the Court's mistakes rott ing in the sun like dead mackerels for all to see A 1964 case raised the issue again and the Court confessed its errors demonstrated that history belied the two sovereignties rule and scrapped it completely 41 NOTES 1 Joseph W Dellapenna Dispelling the Myths ofAbortion History Durham N C Carolina Academic Press 2006 ix and Who's Who in America 2006 vol 1 1127 2 Ibid xi 840 n 38 and Gregory J Roden The Abortion Mythology of Roe v Wade Human Life Review 31 no 4 Fall 2005 65 71 3 Ibid x n 5 4 Ibid 211 213 and Lawrence M Friedman A History ofAmerican Law New York Simon and Schuster 1973 94 99 5 Dellapenna n 1 268 269 227 6 Ibid 126 xv 7 Philip A Rafferty Roe v Wade The Birth ofa Constitutional Right Ann Arbor Mich University Microfilms International 1992 459 765 My count of 105 does not include Rafferty's cases from ecclesiastical Scottish or Irish courts but does include several cases from English colonies in America 8 Dellapenna n 1 xii 143 52 9 Ibid 99 641 644 684 764 848 10 Ibid 736 1048 11 Ibid 592 and the original source an essay by C Everett Koop in Dennis J Horan and Melinda Delahoyde ed Infanticide and the Handicapped Newborn Provo Utah Brigham Young University Press 1982 94 95 12 Dellapenna n 1 332 n 113 the reference to 19th century cases 462 n 72 the Wardle reference and 465 n 95 13 Ibid 678 83 n 392 and Roe v Wade 410 U S 113 at 142 113 120 124 25 14 See Dellapenna n 1 18 24 37 50 for his strenuous disagreements with Mohr Riddle and others on the effectiveness and or dangers of folk medicines and poisons 15 Case records in Rafferty n 7 579 80 648 49 16 Dellapenna n 1 129 31 17 Case record quoted in ibid 135 18 Ibid 136 19 Quoted in ibid 132 20 Rafferty n 7 136 47 21 Germain Grisez Abortion the Myths the Realities and the Arguments New York Corpus Books 1970 153 passim 22 Dellapenna n 1 170 84 and Rafferty n 7 223 430 32 n 281 See also R H Helrnholz Canon Law and the Law of England London Hambledon Press 1987 157 168 Helrnholz notes The royal courts were courts of limited jurisdiction in medieval England They assumed that local and ecclesiastical courts would take cognizance of a great deal of unlawful conduct He adds that the Church was a legitimate public authority in medieval Europe 167 23 Case record quoted in Dellapenna n 1 138 24 Case record quoted in ibid 25 Ibid 38 273 Violence against pregnant women is still a major problem See the remarkable series of articles on this by Donna St George in the Washington Post Dec 19 21,2004 and her follow up article of Feb 23 2005 26 Cyril C Means Jr The Phoenix of Abortional Freedom New York Law Forum 17 no 2 1971 335 410,338 337 Dellapenna n 1 144 50 and Rafferty n 7 512 530 including quotes from Prof Baker Means called this The Twinslayer's Case 50 SPRING 2006

THE HUMAN LIFE REVIEW 27 Case record quoted in Dellapenna n I 193 94 28 Edward Coke The Third Part of the Institutes of the Laws of England London M Flesher 1644 reprint New York London Garland Publishing 1979 50 51 139 29 Stedman's Medical Dictionary for the Health Professions and Nursing Philadelphia Lippincott Williams Wilkins 2005 5th ed 1234 30 Dellapenna n I 139 40 and Rafferty n 7 161 74 31 Means n 26 352 32 Quoted in ibid 339 33 Roe v Wade 410 U S 113 at 136 and case records in Rafferty n 7 569 70 530 31 607 09 504 07,628 32,612 16 672 83 See also Dellapenna n 1 141 42 178 80 233 37 34 Case records in Rafferty n 7 700 13 715 16 718 22 35 Ibid 472 74 and Dellapenna n 1 243 62 256 36 Ibid 211 220 and Rafferty n 7 499 103 07 37 Case records in ibid 483 96 and Dellapenna n 1 215 20 38 Ibid 221 24 39 Quoted in ibid 238 39 40 Ibid 689 n 445 The cases are Ex parte Jackson 96 U S 727 1877 Hawker v New York 170 U S 189 1898 United States v Holte 236 U S 1 40 1915 Missouri ex rei Hurwitz v North 271 U S 40 1926 and Wolf v Colorado 338 U S 25 1949 Dellapenna credits another attorney for this information see Frank Scaturro Abortion and the Supreme Court Holy Cross Journal ofLaw and Public Policy 3 1998 133 262 145 46 41 Leonard W Levy Originallntent and the Framers Constitution New York Macmillan 1988 320 300 310 Some people feel they've entered a dark claustrophobic place from which there S no escape They feel like a trapped rat Hope you're not one ofthose SPRING 2006 51

THE MATHEMATICS OF APPLIED SCIENTIFIC RACISM

The Mathematics of Applied Scientific Ra ism Brian Clowes Ever since scientific racists railed against minorities in Margaret Sanger's Birth Control Review pro abortionists and pro lifers have debated whether or not the application of the abortion procedure itse1ftargets women of color Pro abortionists moreover frequently argue that any pro life activism directed towards the elimination of legal abortion is racist They say that restricting women of color from being able to exercise their full range of reproductive rights is essentially the same as lynching them or denying them voting rights To take just one example the extremist Revolutionary Communist Party of the United States claims that if abortion becomes illegal incredible numbers of poor women including many women of oppressed nationalities will die horrible deaths there is a very racist side to the bourgeoisie's attacks on abortion When women of color are denied control of their own reproduction this contributes to the overall conditions of national oppression in this country Opposing this view is the simple and logical pro life argument that there is no future for any race that destroys its children prebom or otherwise Pro abortionists who argue that minority women must have easy access to abortion make two false implicit assumptions first that all people must have equal access to everything bad or good in the name of equality which is equivalent to saying that the criminalization of drug use is racist because many women of color are poor and cannot afford the very latest and most potent drugs and second that abortion is a desirable good that must be made available to all women by society Recent articles in the Human Life Review have discussed in depth the racist nature philosophy and objectives of eugenics in genera1.2 This article builds upon this previous work by delving into the history of scientific racism the theory that some races are more fully evolved than others in the early 20th century It proves through the use of basic statistical analysis that the abortion industry is systematically applying eugenical principles in 21st century America to target minority women and their children Early 20th Century Eugenicists Harvard professor Lothrop Stoddard 1883 1950 sat on the board of the American Birth Control League in the 1930s when Margaret Sanger headed it Havelock Ellis one of Sanger's lovers enthusiastically endorsed Stoddard's Brian Clowes is Director of Research at Human Life International in Front Royal Virginia 52 SPRING 2006

THE HUMAN LIFE REVIEW book The Rising Tide ofColor Against White World Supremacy in Sanger's magazine The Birth Control Review 3 In this book introduced by fellow racist eugenicist Madison Grant Stoddard demonstrates beyond a reasonable doubt the intimate connections between abortion eugenics and goal oriented racism Upon the quality of human life all else depends none of the colored races shows perceptible signs of declining birth rate all tending to breed up to the limits of available subsistence It can mean only one thing a tremendous and steadily augmenting outward thrust of surplus colored men from overcrowded colored homelands But many of these relatively empty Northern lands have been definitely set aside by the White man as his own special heritage His the colored man's outstanding quality is superabundant animal vitality In this he easily surpasses all other races To it he owes his intense emotionalism To it again is due his extreme fecundity the negro being the quickest of breeders This abounding vitality shows in many other ways such as the negro's ability to survive harsh conditions of slavery under which other races have soon succumbed black blood once entering a human stock seems never really bred out again White men cannot under peril of their very race existence allow wholesale Asian immigration into White race areas The grim truth of the matter is this The whole White race is exposed immediately or ultimately to the possibility of social sterilization and final replacement or absorption by the teeming colored races And of course the more primitive a type is the more prepotent it is This is why crossings with the negro are uniformly fatal Whites Amerindians or Asiatics all are alike vanquished by the invincible prepotency of the more primitive generalized and lower negro blood Whether we consider interwhite migrations or colored encroachments on White lands the net result is an expansion of lower and a contraction of higher stocks the process being thus a disgenic one For race betterment is such an intensely practical matter When peoples come to realize that the quality of the population is the source of all their prosperity progress security and even existence we shall see much abused eugenics actually molding social programs and political policies we or the next generation will take in hand the problem ofrace depreciation and segregation of defectives and abolition ofhandicaps penalizing the better stocks will put an end to our present racial decline 4 Stoddard's views were based upon the concept of differential fertility fears that colored people would have more children than Whites and would therefore eventually become dominant His racist writings were echoed by many other writers of his time For example an editorial in the September 1931 issue of The Birth Control Review stated that the human race will degenerate if the superior races and the superior classes among civilized races will curtail the number of their offspring while inferior races and the inferior strata in civilized countries will continue their high birthrate This must be prevented by all means and it can be ifwe go about it earnestly and zealously and ifthe civilized governments SPRING 2006 53

BRIAN CLOWES give us their cooperation 5 The Birth Control Review's masthead slogan was Birth Control To Create a Race of Thoroughbreds Interestingly in 1933 the magazine featured an article entitled Eugenic Sterilization An Urgent Need authored by Ernst Rudin Adolf Hitler's Director of Genetic Sterilization and founder of the Nazi Society for Racial Hygiene Staying the Course Abortions are a violation not only of man made laws but also the will of God according to ethical medical men who refuse to traffic in the lucrative trade Ebony magazine 195.1.6 The Planned Parenthood Federation of America PPFA was before 1942 known as the American Birth Control League or ABCL Its primary purpose was to promote the improvement of human beings through positive eugenics the systematic breeding ofpeople in order to eliminate bad genes This would presumably lead to Sanger's race of thoroughbreds Although it has been challenged to do so many times PPFA has not repudiated the racist attitude or writings of Margaret Sanger and other eugenicists who wrote for The Birth Control Review This is perhaps a wise policy because the publication contained thousands of racist and eugenicist articles and quotes and to attempt to disavow any of them would open up not a can but a virtual freight car full of worms 7 So Planned Parenthood has taken the only logical course of action it has taken the offensive displaying an aggressive even obnoxious pride in Sanger's views Faye Wattleton former president of the PPFA and who is herself black has said that I believe Margaret Sanger would have been proud of us today if she had seen the directions that we have most recently in this organization taken 8 Sanger's grandson Alexander C Sanger became president and CEO of Planned Parenthood of New York City in 1991 He boasted that I intend to be out on the front lines of our issues That is why I'm here Right now we have three clinics in this city and I want ten more We currently have a small storefront office in central Harlem and it is my first priority to see if we can transform that into a clinic With all her success my grandmother left some unfinished business and I intend to finish it 9 And Alexander Sanger is not an aberration Leading pro abortionists constantly promote and encourage abortions among minority populations For example Malcolm Potts was the first medical director of the International Planned Parenthood Federation IPPF and is currently the Bixby Professor of Population and Family Planning at the School of Public Health at UC Berkeley He has said that the already serious problem of induced abortion in the urban areas of 54 SPRING 2006

THE HUMAN LIFE REvIEW the developing world will worsen Fortunately the technology of early abortion is uniquely suited to an urban slum environment and appropriate to shantytown technologies lo Abortionist Edward Allred runs a chain of abortion clinics and has made tens of millions of dollars through abortion He has said Population control is too important to be stopped by some right wing pro life types Take the new influx of Hispanic immigrants Their lack of respect for democracy and social order is frightening I hope I can do something to stem that tide I'd set up a n abortion clinic in Mexico for free if I could Maybe one in Calexico would help The survival of our society could be at stake The Aid to Families with Dependent Children program is the worst boondoggle ever created When a sullen black woman of 17 or 18 can decide to have a baby and get welfare and food stamps and become a burden to all of us it's time to stop In parts of South Los Angeles having babies for welfare is the only industry the people have 11 Anthony Bouza former police chief for the city of Minneapolis and columnist for the Minneapolis Star Tribune is a tireless promoter of abortion for minorities He has described the at risk population as poor Black and Indian and claimed that their offspring are marked for failure He also said that when abortions are illegal poor women deliver and keep their babies Then they plunk them in front of a TV set watch them get abused and conditioned to violence by parades of males and expose them to all the factors the criminologists describe as the precursors to a life of crime Making abortions freely available to the impoverished young women who produce our criminals is very likely the most important crime prevention measure adopted in this country in the last 25 years 12 Even far Left and Marxist theorists occasionally recognize the starkly racist nature of the abortion mad population controllers Alexander Cockburn one of the most prolific writers on the Left has declared that the not so concealed theme of some major figures in NARAL Pro Choice America and NOW National Organization for Women was that abortion should be legal because the most prolific breeders were welfare mothers from the dangerous classes The leader of NARAL in New York lobbied against the provisions to protect poor minority women from involuntary sterilization and so did Planned Parenthood 13 As everyone knows the future of any country or race depends on its children Therefore the most efficient method possible for eliminating an entire race is to destroy its children And of course the easiest and most efficient way to destroy children is to kill them before they are born These days except for a few brave maverick congressmen U S government representatives do not talk much about how abortion targets minorities This SPRING 2006 55

BRIAN CLOWES has not always been the case In 197I two years before Roe v Wade the National Commission on the Causes and Prevention of Violence found that the overwhelming majority ofWhite Americans would be Good Germans if the government turned to massive racial repression 14 There was ample cause for the Commission's concern Experts documented many cases of outright propaganda and coercion directed against minorities by governmental and quasi governmental agencies in numerous states In the 1960s Chicago's Planned Parenthood Association sponsored birth control coffee parties in the black sections of the inner city but did not hold a single one in the white dominated inner city areas or suburbs 15 Representatives of federally financed family planning programs sent a brigade of home visitors and public assistance workers to thousands of homes of indigent black Pittsburgh women in order to pressure them into visiting and making use of their local family planning clinic's services If a woman did not immediately comply workers would directly threaten her with a cutoff of all public assistance if she had any more children When black citizens exposed this coercion and called it genocide the Pittsburgh Antipoverty Board voted down funds from the Office of Economic Opportunity OEO that would have continued Planned Parenthood clinics in six of the city's poorest neighborhoods 16 In the 1960s the South Carolina and Delaware legislatures considered laws that would mandate the sterilization of all welfare mothers after they had borne two children out of wedlock In New York municipal judges frequently offered women the choice of sterilization or no welfare money I It is obvious that the racist theory of eugenics which seeks to create a race of thoroughbreds through birth control abortion and sterilization did not die with Hitler in 1945 Some of the world's most distinguished and influential scholars and social engineers still advocate the widespread use of eugenics to rid society of its ever present undesirable elements Two time Nobel Prize winner Linus Pauling has suggested that those who carry dysfunctional genes have information on their disabilities tattooed in code onto their foreheads 18 Leading biologist John Maynard Smith would like to give tax breaks and bonuses to the educated and intelligent who have children and heavily penalize others i e minorities and those with dysfunctional genes 19 Population controller Garrett Hardin weighed in with his eugenicist views in the June 1992 issue of Omni magazine It would be better to encourage the breeding of more intelligent people rather than the less intelligent ZPG's Zero Population Growth's entire attraction has been among the college population So in effect ZPG is encoura ing college educated people to have fewer 56 SPRING 2006

THE HUMAN LIFE REvIEW children instead of encouraging reduced fertility among the less intelligent 20 oA Washington state physician Bruce Tracy urged the state senate to provide sterilization bounties for women on welfare The measure sponsored by Sen Scott Barr would pay 10,000 to a woman if she agreed to be sterilized after her first child and 5,000 if she agreed after the second child The bill would also give 500 to men vasectomized after fathering a welfare child 2I oDonald Kimelman of the Philadelphia Inquirer wrote in a December 12 1990 article ominously titled Poverty and Norplant Can Contraception Reduce the Underclass that as we read these two stories about Norplant and Black poverty we asked ourselves Dare we mention them in the same breath To do so might be considered deplorably insensitive perhaps raising the specter of eugenics But it would be worse to avoid drawing the logical conclusion that foolproof contraception could be invaluable in breaking the cycle of inner city poverty one of America's greatest challenges 22 Vanessa Williams president of the Philadelphia chapter of the National Association of Black Journalists called Kimelman s article a tacit endorsement of slow genocide 23 Inquirer columnist Steve Lopez sarcastically suggested four days later that contraception would not reduce the underclass quite so fast as just shooting them It would be very difficult to find an American Indian person who truly knows and follows their culture who could be called pro choice In the traditional culture abortion was a crime against nature Cheryl Long Feather 24 The remainder of this article presents three mathematical proofs that abortion is an egregious example of institutionalized racism It is racist because 1 it eliminates a disproportionate percentage of minority populations 2 abortion clinics are concentrated in cities with high minority populations and 3 legal abortion fatality rates are much higher among minority women than they are among white women lP'rooft 1 AlbiomoJl1l EBiminates rill Dispropomonare lP'ell'Cell1tage oft'Minority lP'opulations There currently exists a deadly inequity between the abortion ratios of white women and minority women in the United States Figure 1 shows that minority women obtain abortions at nearly three times the rate that white women do and that more than twice as much of the black race has been wiped out by legal surgical abortion than of the white race This result dovetails quite nicely with Planned Parenthood's original racist and eugenicist philosophy of more children from the fit less from the unfit 25 SPRING 2006 57

BRIAN CLOWES Figure 1 TotalllLegal Surgical Abortions by Race in the United States 1967 to 2004 and Percent of Races Wiped Out 26 Abortion Rates Legal Surgical per 1,000 Women Percent of Races Total 2004 Abortions Aged 15 44 Wiped Out by Race Population 1967 2004 1980 2004 Abortion All Races 293,971,172 46,467,000 13.6 White 197,916,623 21,802,000 15.4 9.9 Black 36,026,239 14,051,000 53.0 28.1 Hispanic 41,556,325 7,901,000 36.2 16.0 Asian Pacific Islander 12,553,996 2,175,000 28.6 14.8 Native American Alaskan 2,208,659 538,000 19.6 Two or More Races 3,867,831 All Minorities 96,213,049 24,665,000 20.4 Widespread abortion among minorities in the U S is having a profound demographic impact The total fertility rate TFR of any population must be 2.11 children per woman in order to maintain a stable population In 1970 the TFR of the black race in the U S was 3.07 well above replacement Just four years later the year after Roe v Wade the black TFR had plunged to 2.34 showing the immediate impact of easily accessible abortion It currently stands at the below replacement rate of 1.99 a drop of 35 percent since 1970.27 Meanwhile the white TFR is slowly rising and in 2002 for the first time in history exceeded the Black TFR If the black race continues to abort at its current rate it will inevitably occupy a smaller and smaller percentage of this country's population Between 1882 and 1968,3,446 blacks were lynched in the United States 28 Now this many unborn black babies are being aborted every three days In other words for every single black person lynched by racist mobs more than four thousand have been lynched in the womb and abortion is killing blacks at a rate more than ten thousand times faster than did lynching In general groups of people exert a degree of political and social influence 58 SPRING 2006

that is roughly proportional to their representation in terms of population Therefore as a group's proportional representation in a nation slowly shrinks its influence will shrink at a similar rate The black race has always suffered from a disproportionately small degree of influence in society it simply cannot afford to lose any more Proof 2 A1l ortioIDl Oinics Concentrate in Cities with High Minority Populations The number of abortion clinics in a city correlates directly to the size of that town's minority population Figure 2 shows that there are more than twice as many abortion clinics per million people in cities that have large minority populations compared to those cities with smaller minority populations 29 lFigure 2 Comparison of Abortion Clinic Density in Cities with High and Low Minority Population Densities Percent Minority 75.0 100.0 50.0 74.9 25.0 49.9 00.0 25.0 Abortion Clinics Per Million Population 6.11 4.33 2.92 2.77 Figure 2 is mathematical proof that abortionists are targeting minority populations by locating their clinics in high minority areas Abortionists know where the business is and to them making money is the highest good It would not occur to them to discourage women of color from aborting by helping provide them with the basic necessities of life All that matters to them is making abortion as easily accessible as possible Proof 3 lLegal Abortion Fatality Rates are Much Higher Among Minority Women tllum They Are Among White Women The leading medical journal of Great Britain The Lancet says that institutionalized racism consists of the collective failure of an organization to provide an appropriate and professional service to people because of their color culture or ethnic origin 30 This author expended considerable time compiling a list of women who have been fatally injured by safe and legal abortion and found a total of 360 verifiable deaths broken out by race as shown in Figure 3,31 SPRING 2006 59

BRIAN CLOWES Figure 3 Summary of the Races of Legal Abortion Fatalities Total women killed by legal abortion 360 Race identified 263 Legal Deaths Total Deaths and Legal Abortions by Deaths Per Million Races of Victims Percentages Race Abortions White women 85 263 32.3 21,802,000 3.90 Black Women 1301263 49.4 14,051,000 9.25 Hispanic women 41 263 15.6 7,901,000 5.19 Native American women 21263 00.8 538,000 3.72 Asian women 5 263 01.9 175,000 2.30 Total Minority Women 178 263 67.7 24,665,000 7.22 Figure 3 shows that 68 percent of all known legal abortion deaths have occurred among minority women Minority women obtain about 53 percent of all abortions 32 This means that the death rate among minority women who obtain abortions is nearly twice as high as that of white women who abort 33 This number is confirmed by Planned Parenthood which has admitted that the risks of abortion for black women are more than three times as high as for white women Planned Parenthood states that the death rates for second trimester abortions for black and white women respectively are 24.8 and 6.8 deaths per 100,000 abortions 34 The death rate among poor minority women may be even higher than this estimate because their families are often alienated from the system and do not trust attorneys or anything to do with litigation and therefore do not press their rightful claims If we review the above statistics it is very difficult to conclude that the abortion industry in the United States is not guilty of institutionalized racism Yet few pro choicers seem to care Helen I Howe a spokesperson for the front group that calls itself the Religious Coalition for Reproductive Choice said that the group views it as an insult to black women to make the generalized claim that abortions performed on black women are genocide 35 What is the truth Ask Mattie Byrd who mourned her dead daughter Belinda in a letter to a friend I cry every day when I think of how horrible her death was She was slashed by them and then she bled to death Where is the abortionist now Has he been stopped Has anything happened to him because of what he did to my Belinda People tell me nothing has happened that nothing ever happens to White abortionists who 60 SPRING 2006

THE HUMAN LIFE REVIEW leave young Black women dead 36 Stephen Pine of the Inglewood Women's Hospital was the busy abortionist who killed Belinda Byrd Hers was one of 74 abortions he performed that day Pine perforated Belinda's uterus and she died three days later As a result of among other things this botched abortion the Inglewood Women's Hospital had its license revoked by the State of California and closed its doors But it opened again just two weeks later under a different name The West Coast Women's Medical Group It was subsequently bought by abortionist Edward Allred who remember said that he would perform abortions for free on Mexican women 3 COlllch llsiOllD S Government family planning programs designed for poor Blacks which emphasize birth control and abortion with the intent of limiting the Black population is genocide The deliberate killing of Black babies by abortion is genocide perhaps the most overt form of all Dick Gregory38 Since it became widely available surgical abortion both legal and illegal has been used by racists and population controllers to hold down peoples they see as lower or primitive Demographers and sociologists know very well that population equals power and that demography is most certainly destiny There is no better way to stunt the burgeoning power of minority groups both in the United States and overseas than by promoting and funding massive populationcontrol programs that employ widespread abortion sterilization and contraception all the while proclaiming that progress is not possible until every child is wanted This is why so much of the black race has been wiped out by abortion This is why so many minority women die of allegedly safe surgical abortion And this is why Planned Parenthood and other abortionists deliberately set up their clinics in minority neighborhoods Margaret Sanger would indeed be proud NOTES 1 Women Are Not Incubators The Assault on Abortion Rights Revolutionary Communist Party of the United States Revolutionary Worker Nov 6 1989 2 See Mary Meehan The Road to Abortion How Eugenics Birthed Population Control Human Life Review Fall 1998 pp 76 89 and Rebecca Messall The Long Road of Eugenics From Rockefeller to Roe v Wade Human Life Review Fall 2004 pp 34 74 3 Havelock Ellis The World's Racial Problems Birth Control Review Oct 1920 p 16 4 Lothrop Stoddard Ph D The Rising Tide ofColor Against White World Supremacy New York SPRING 2006 61

BRIAN CLOWES Charles Scribner's Sons 1921 reprinted 1971 by Negro Universities Press Westport Conn The complete electronic text of this book is posted on numerous racist Web sites including those of The Church of True Israel and the Stormfront White Nationalist Community Interestingly Madison Grant received a personal letter of thanks from Adolf Hitler for a copy of his own book entitled The Passing of the Great Race Hitler proclaimed that the book was his bible Stefan Kuhl The Nazi Connection Oxford Oxford University Press 1994 p 85 5 Editorial in The Critic and Guide July 1931 quoted in In the Magazines Birth Control Review Sept 1931 p 268 6 Abortion Drugs Often Prove Fatal Ebony Jan 1951 p 26 7 For a compact disc containing 1,174 quotes from Margaret Sanger's Birth Control Review write to the author at Human Life International 4 Family Life Lane Front Royal VA 22630 or email him at brianc hli org and the list will be sent via e mail 8 Faye Wattleton at PPFA's annual luncheon in St Louis on May 2 1979 9 Another Sanger Leads Planned Parenthood New York Times Jan 23 1991 p B2 10 Malcolm Potts Abortion and Contraception in Relation to Family Planning Services in Jane E Hodgsen ed Abortion and Sterilization Medical and Social Aspects London Academic Press 1991 p 498 11 Anthony Perry Doctor's Abortion Business is Lucrative San Diego Union Oct 12 1980 pp A 3 and A 14 12 Anthony Bouza in a 1990 Mother's Day editorial titled A Mother's Day Wish Make Abortion Available to All Women Quoted in Mary Ann Kuharski Aborting the At Risk Population Racism Rears its Ugly Head ALL About Issues Winter 1991 pp 16 and 17 13 Proletarian Revolution Fall 1989 p 28 14 Rodney Stark and James McEvoy III Middle Class Violence Psychology Today Nov 1970 pp 34 38 15 See America magazine Nov 6 1965 p 511 16 R Z Hallow The Blacks Cry Genocide The Nation Apr 28 1969 p 535 17 Erma Clardy Craven Abortion Poverty and Black Genocide in T W Hilgers and D J Horan Abortion and Social Justice New York Sheed and Ward 1972 18 Linus Pauling Foreword to Reflections on the New Biology UCLA Law Review Feb 1968 p 269 19 John Maynard Smith Eugenics and Utopia Daedalus Summer 1989 p 91 20 Interview Garrett Hardin Omni June 1992 pp 56 63 21 Rural Doctor Proposes Sterilization Bounty The Oregonian Feb 8 1992 p B2 22 Don Kimelman Poverty and Norplant Can Contraception Reduce the Underc1assT Philadelphia Inquirer Dec 12 1990 23 Vanessa Williams quoted in Clarence Page Hope Best Way to Fight Poverty The Oregonian Dec 31 1990 p C5 24 Cheryl Long Feather For American Indians Abortion is a Crime Against Nature Bismarck N D Tribune Aug 18 1999 25 This slogan represents the core of the eugenicist philosophy and was constantly stated in various forms in Sanger's Birth Control Review An example What we need is both positive and negative birth control positive birth control to insure the reproduction of men and women with superior gifts and negative birth control to prevent the reproduction of the unfit It is time to cast aside precedents prejudices and laws that stand in the way of racial progress and to take a decided stand for race improvement Horatio M Pollock Ph D The Problem of the Unfit A Paper Presented at the International Birth Control Conference Birth Control Review Oct 1922 pp 205 6 26 U S Department of Commerce Bureau of the Census Statistical Abstract ofthe United States 2004 2005 Washington D C Government Printing Office Table 13 Resident Population by Sex Race and Hispanic Origin Status 2000 to 2003 Populations are updated by the 20002003 annual percentage rate and the percentage of each race wiped out by abortion is calculated with the formula Abortions Abortions Current Population Recent Statistical Abstracts are online at http www census gov statab www For legal abortions by race see Figure 19 5 in Chapter 19 of The Facts of Life United States Abortion Statistics for calculations The 2004 edition of The Facts ofLife is on Human Life International's Pro Life Library Compact Disc 27 U S Department of Commerce Bureau of the Census Statistical Abstract 2004 2005 Table 75 Total Fertility Rate by Race 1970 to 2002 Recent Statistical Abstracts are on line at 62 SPRING 2006

THE HUMAN LIFE REVIEW http www census gov statab www 28 Website http www BlackGenocide org See also Abortion A Law Unto Itself Even Legal Parameters Are Being Ignored ZENITNews Service Feb 19,2005 29 The population and racial breakout of population by city is from Sortable List of Population Totals downloaded from the website of the Lewis Mumford Center for Comparative Urban and Regional Research on Jan 14 2005 The list of abortion clinics by address was downloaded from the website of Life Dynamics Inc at http www ldLorg Under Find an Abortion Clinic there is a list of the names and addresses of 743 abortion clinics in the U S as of Jan 1,2005 Seventy ofthe 743 total abortion clinics are located in smaller cities and towns and are therefore not included in this analysis 30 Institutionalized Racism in Health Care The Lancet Mar 6 1999 p 765 31 Forlegal abortions by race see Figure 19 5 in Chapter 19 of The Facts ofLife United States Abortion Statistics for calculations The 2004 edition of The Facts of Life is on Human Life International's Pro Life Library Compact Disc Deaths per million abortions is a number that shows the legal abortion death rates of women by race Although this is certainly not a complete list of legal abortion fatalities the sample size is large enough to be representative of the whole Among legal abortion fatalities whose race has been identified the death rate for white women is 85 21,802,000 or 3.90 deaths per million abortions The death rate for black women is 130114,051,000 or 9.25 deaths per million abortions Therefore the legal abortion death rate among black women is 9.25 3.90 2.37 times higher than that of white women Interestingly this ratio has held relatively constant since abortion was legalized in the first states in 1967 The risk of a black woman dying of legal abortion was 2.8 times greater than the risk of a white woman dying of legal abortion during the time period 1972 1974 inclusive Willard Cates Jr M D M P H Acting Chief Abortion Surveillance Branch Centers for Disease Control Bureau of Epidemiology Mortality from Legal Abortions United States 1972 1974 paper given at the Western Regional Conference on Abortion Denver Colorado Feb 28 1976 sponsored by the United States Department of Health Education and Welfare 32 Human Life International The Facts of Life An Authoritative Guide to Life and Family Issues Front Royal Va Human Life International 2005 Edition of the Pro Life Library Compact Disc Chapter 19 United States Abortion Statistics Figure 19 5 Summary and Analysis of United States Abortion Statistics 33 0.677 0.53 0.323 0.47 1.86 34 John Benditt Special Report Second Trimester Abortions in the United States Family Planning Perspectives Alan Guttmacher Institute Nov lDec 1979 p 359 35 Abortion and the Holocaust Twisting the Language Religious Coalition for Abortion Rights 100 Maryland Avenue NE Washington DC 20002 telephone 202 543 7032 1987,24 pp 1.50 36 Undated letter from Mrs Mattie Byrd mother of Belinda Byrd quoted in Feminists for Life of America amicus brief in the case of Webster v Reproductive Health Services No 88 605 37 Leslie Bond Abortion Hospital Closed Because of Battlefront Conditions National Right to Life News Mar 24 1988 p 5 38 Civil rights activist and pacifist Dick Gregory My Answer to Genocide Ebony Oct 1971 SPRING 2006 63

CHOICE BEFORE LIFE: THE VICTORY OF THE ABSTRACT OVER THE REAL

Choice before Life The Victory of the Abstract over the Real Harold O 1 Brown According to the third century Christian theologian Origen of Alexandria freedom consists in the ability of the mind to know the good and the ability of the will to choose it The late French philosopher Paul Ricoeur defined sin as the guilty abuse of freedom In the modem West we pride ourselves on our freedom but freedom is easily abused where true knowledge is lacking Wrong knowledge leads to wrong choices nowhere more dangerously than when the choices concern human life In Milton's Paradise Lost the first humans are offered the chance for forgiveness because they were deceived Satan self deceived was not Today we humans are acting like Milton's Satan Modem man has set new records of self deception and his best tool is language In La tete coupee Le secret du pouvoir The Severed Head The Secret of Power the French mathematician Aaron Arnaud Upinsky explains how our language blinds us to truth He describes an age long war between what he calls strong language and true language between nominalism and realism True language tells the truth it describes reality Strong language manipulates True language is the language of wisdom and knowledge It is or should be the language of the friends of truth the scholar the scientist the philosopher the theologian Strong language is the language of power Those who abuse it rule those who accept it obey Upinsky has moved the nominalist controversy out of the medieval framework and sees it as a far more universal problem Today it deprives us of freedom by destroying our ability to know the good 1 On a radio talk show in Chicago a caller demanding federal financing of abortion revealed that she herself had had four abortions When the host asked what she thought abortion was she replied It's kinda like killin the baby That's kinda like true language Can we imagine former President Bill Clinton claiming Killing babies should be safe legal and rare The victory of nominalism over realism the replacement of true language with strong language leaves us with la tete coupee unable to think The mere mention of words such as judgmental racist and homophobic among others blocks all intelligent discussion of the merits of a case Harold O J Brown Ph D a long time Human Life Review contributor currently teaches at The Reformed Theological Seminary in llIinois He is a co founder of the Christian Action Council now operating as Care Net which ministers to women with troubled pregnancies 64 SPRING 2006

THE HUMAN LIFE REVIEW lFll Om lLife to CilIloice There is no better example of manipulation by strong language than the victory of choice over life Wishing to avoid the negative implication of always being against opponents of abortion began to call themselves prolife We should in the words of a popular song of the WorId War II era accentuate the positive eliminate the negative All too few anti abortionists realized that their cause is not the defense of life as an abstract principle but the defense of babies each one an individual human life One anti abortion billboard asks What does an abortion cost One human life That is true language A bumper sticker reads Life is a choice Choose life That reveals a good intention but it is a bit misleading The woman who decides to carry her pregnancy to term is not choosing life but a baby one particular human baby who will soon make very specific individual demands on her The difference between being pro life in general and choosing to give birth to a particular baby is like the difference between approving of love in general and loving one person in particular Calling themselves pro life entangled the anti abortionist movement in questions of capital punishment and war It would have been better to stay anti 2 After a slight setback in Webster 1988 the pro abortionists began to sense popular opinion moving against them and their enthusiasm for the bloody procedure of abortion Suddenly they hit on a better word choice Abortion is messy choice is clean Let's say choice Choice is a wonderful term It is something that everyone wants It stands for freedom Life is absolute one either lives or does not It cannot be lost and regained like choice Choice is a function a process It can be used or left unused It can be given up and taken back What is at stake in each abortion is not a general principle but a particular substantial reality It is not life as a principle but an individual life Each life is not an abstraction it is a personal reality one that exists only for one particular unborn human who will no longer be if abortion is chosen 3 CilIlofice 3ll11 lllllFIt eellllom Choosing to abort empowers the woman doing the choosing leaving her standing in autonomy and freedom Choosing to have the baby limits her freedom According to many in the crisis pregnancy ministries the thought of losing freedom seems far more important to many women than concern for the baby to be aborted They are very conscious of their own individuality and of their rights and see the unborn child the fetus as a threat to their personal autonomy not as another person We used to think it sufficient to show the woman that she is carrying a real human being Sometimes that SPRING 2006 65

HAROLD OJ BROWN helps for example when she sees the baby in a sonogram but all too often this individual human reality is less powerful than the thought that that little being whatever we call it is depriving her of her autonomy As far as she and others are concerned being pro choice brings with it no necessary obligations financial or otherwise Before becoming pregnant she was a free woman just like a man Pregnant she has become someone else an expectant mother If she keeps the baby she becomes a single parent with all the burdens that that entails If she gives it up for adoption she is no longer a mother either The unwanted pregnancy first made her an expectant mother which she did not want to be and threatens to make her a single parent Giving it up for adoption deprives her of that too making her twice a loser Abortion is so much neater In the current vernacular it offers closure To decide for life brings duties and burdens The social physical emotional and other problems that caused a woman or girl to want an abortion will usually remain aggravated by the demanding presence of the baby Abortion opponents are often accused of being indifferent to her problems after delivery Supposedly all that they want is to impose their own morality on her Abortion providers generally think that they have done all that is required when the abortion is done leaving her to enjoy her regained freedom Contrary to pro choice propaganda for most abortion opponents concern does not end with the birth of the child They recognize that helping a troubled woman to give life brings a duty to help her master the problems that come with the birth of a new baby whether he or she is to be put up for adoption or raised by the mother A large network of crisis pregnancy care centers offers help and care before during and after birth Many will even help a woman who has chosen to abort for instead of providing closure the abortion choice seldom leaves her unwounded The group with which I am most familiar Care Net Christian Action Council has over 700 centers with 10,000 volunteer workers Given the huge number of abortions performed every year in the United States this is far from enough but at least it shows that there is more to opposing abortion than just passing laws against it Individualism in the Extreme In The Social Contract Jean Jacques Rousseau says that freedom requires the abolition of every particular dependency This is the freedom that abortion advocates offer For women with unwanted pregnancies it affirms their freedom their autonomous authority as individuals not their duties as wives and or family members Although in principle it respects the woman's rights 66 SPRING 2006

THE HUMAN LIFE REvIEW sometimes it is not her own choice that she is exercising but the demand of a husband a lover or her family In this context the crisis pregnancy center's ministry often helps a woman really to choose freely for herself to resist the pressure of others to abort To abort appears to liberate the woman seeking abortion It also liberates the rest of society from the burdensome duties that might arise with the birth of an unwanted child Thus it is not only the choice to abort that expresses individualistic autonomy the choice to support the right to choose abortion also frees supporters from any responsibility for unwanted children Thinking themselves benevolent towards the woman seeking an abortion the prochoicers rid themselves of all subsequent obligations to her or to the child who might have been The one who tells the pregnant woman that abortion is wrong that she has no right to abort is asking her to assume responsibilities of all kinds for care love food clothes and schooling up to and perhaps beyond college Of course a child can also bring blessings and benefits but these are not as easily quantified in advance especially when a woman is in distress An aborted child brings no further expenses and burdens or so it is assumed Contrary to popular opinion no abortion even one that is medically recommended leaves the would have been mother totally unscarred To point this out is true language not strong It will be condemned as a pretext to interfere with the right to choose Abortion being dangerous to the woman was infrequent in ancient times It was punishable by law in the Code of Hammurabi 18th century B C and other ancient law codes and is forbidden in the original Oath of Hippocrates Rome and some other ancient societies did give the father the right to expose a newborn child i e to abandon it in a wilderness but even in Rome itself abortion was illegal Today such exposure would be seen as infanticide child murder yet in the United States and much of the rest of the modern world the pregnant woman has the right to expose the unborn child to termination in abortion A child once born brings immediate and ongoing duties to his or her parents someone has to take responsibility The child who is aborted safely and legally as President Clinton liked to say brings no evident additional costs and duties to its would have been mother Despite any emotional or psychological damage she may have suffered having exercised her right to choose the woman goes on again free to choose including if that be her wish having conceived again to abort again The baby deprived of its right SPRING 2006167

HAROLD OJ BROWN to live cannot choose It is gone indeed in the eyes of the pro abortionist it never was There are few among the advocates of choice who are willing to say what the German Bundesverjassunggericht high court said in its 1975 decision The usual language termination of pregnancy cannot conceal the fact that abortion is a homicidal act Abstraction over Reality To prefer the right to choose over any right of the unborn child to live is to prefer an abstract principle choice above that which is tangible and real a developing human The right to abort exalts the right of the existing mature individual to order a homicidal act whether we call the victim embryo fetus or as the old common law did enfant en ventre de sa mere infant in its mother's belly Whether or not one recognizes the being in the womb as a person to be protected by law whatever one calls it in strong language in truth it is a unique individual being It cannot be subdivided into other entities and it cannot be restored or duplicated if it is destroyed As it is not yet capable of demanding individual rights when pro lifers speak for it they appear as a they as interfering Others working against the I ofthe woman choosing abortion The Father and the Family The right to abort exalts the woman against the father and the family regardless of her civil or social status i e of whether or not she is married or is a minor Although in nature many pregnancies are spontaneously aborted deliberately terminating a developing life is clearly contra naturam It negates the reality of paternity and the rights of the father Abortion law as it now stands gives the woman the absolute right to abort whether or not the child is conceived within marriage or she is still a minor under parental authority The father has no right to terminate the child before it is born but he has the obligation to support it once born whether he wanted it or not 4 The right of the father to have a child and of the family to perpetuate itself through children is subordinated at least during the period of pregnancy to the absolute power of the woman In a strange way for nine months the abortion community awards the pregnant woman a right no other person or agency ever has enjoyed the right to deny life to one to whom she is in the process of giving it In nature the right to have a child always belongs to more than one person at least to a couple implicitly to a larger family A commonsense understanding ofhuman reproduction requires the cooperation of both sexes 68 SPRING 2006

THE HUMAN LIFE REVIEW for more than the biologically necessary moment of begetting Unlike the kid of the mountain goat which can stand up the day it is born the human child needs years of care and teaching The new mother needs protection and support Christian liturgies speak of marriage as long as ye both shall live common sense as well as natural law teaches that those who bring a child into the world should stay together for many years at least Similarly because parents as they grow old may themselves need support most human societies have taught that their grown children have a duty to help them What duty to support aged parents will be felt by a child whose brothers and sisters those parents have aborted The right to abort is viewed by some feminists as the cornerstone of woman's dignity her right to be free from artificial constraints It implies that freedom praised by Rousseau the abolition of all particular dependencies In a society where the right to abort is dominant there is no room for fathers sisters and brothers aunts uncles cousins grandparents for family at all The woman but not the man enjoys a temporary autonomy the right of the individual as such over the family and over society This special autonomy undermines the basic building unit of society The family disintegrates with the disabling of the marriage covenant The plaintive voices opposing homosexual marriage on the ground that having a father and a mother is better for children go unheard when children have no value Marriage is no longer an honourable estate established by God as in the old Book ofCommon Prayer but only an association of fully autonomous interchangeable individuals The license to abort any unwanted child represents the complete victory of strong language choice over true language baby It represents the victory of the abstraction over reality This is a victory of symbols and slogans over human beings To the extent that we value ourselves as humans made in the image of the Creator who endowed us with rights we must make individualistic autonomy second to the survival of the individual baby and of the family We must value the true language of actual life above the strong language of abstract choice Then perhaps when we sing God bless America we will not need to fear a voice from heaven Why should I bother NOTJE 1 Nominalism is by no means only a medieval phenomenon It is represented today by concepts such as logical positivism and postmodemism SPRING 2006 69

HAROLD 0.1 BROWN 2 The late James McFadden founding editor of this Review preferred the true language of antiabortion to the strong variant pro life 3 Freedom to choose is a positive thing only if at least one of the possible choices is a good Having to choose between being hanged and being shot is not 4 Currently the National Center for Men is filing suit claiming that the obligation of fathers to support a child they did not desire is a violation of the equal protection clause of the U S Constitution During pregnancy the woman's right is absolute the father's right does not exist Does anybody have a question for Steve's dad about the life ofa deadbeat 70 SPRING 2006

HONOURING LIFE

Honouring Life Ian Hunter An address to the Southwestern Ontario Right to Life Annual Banquet March 27 2006 Dedicated to the memory ofJohn Muggeridge Ladies and Gentlemen Professor Peter Singer a Professor of what did you expect ethics at Princeton University claims that there are two characteristics rationality and self consciousness that must co exist to make one a person Now since animals like whales and dolphins dogs and cats etc are both rational and self conscious they should be held to be persons according to Prof Singer and their lives legally protected but since the unborn and the recently born and people with cognitive impairments like Alzheimer's disease are not self conscious or fully rational they are not persons and their lives can be aborted or euthanized without legal restriction or moral compunction What do you think of that Professors have been known sometimes to say batty things that is half the charm of the absent minded Professor But Dr Peter Singer is an influential bio ethicist he holds an endowed Chair at Princeton University and his views are heard with respect in the high councils of the medical profession and of Government My former employer Western University has not yet seen fit to confer an honourary degree on Dr Singer but given that Western gave Canada's most notorious abortionist Dr Henry Morgentaler an honourary degree last June perhaps it is only a matter of time Or perhaps it is bootless to ascribe logic or consistency of purpose to such a pitiful spectacle as what the postmodern University like Western has become The cruelty and absurdity of what Professor Singer advocates would have been self evident to our fathers and grandparents most of whom did not have the dubious privilege of a University education But today Peter Singer's comments are taken seriously Why is that In part it is because we live in a credulous age In part because as the Terry Schiavo case demonstrated there are individuals and organizations lIan lHTunter is Professor Emeritus in the Faculty of Law at the University of Western Ontario He is the author of Three Faces of the Law A Christian Perspective and of biographies of Malcolm Muggeridge Hesketh Pearson and Robert Bums SPRING 2006171

IAN HUNTER who want to bring an end to lives of people who they consider a public burden In part it is because we have turned our backs on the Judeo Christian principles upon which Western civilization was founded Tonight I want to speak to you about one of those principles the concept of Honour And what you may ask has honour to do with the pro life movement Well a great deal as I hope to demonstrate I confess that when I began to research my subject my heart sank I discovered that the University Library which boasts well over a million titles has precisely three dealing with honour The London Public Library has one That piqued my curiousity more Why is so little said or written about honour Is honour even relevant today What does it mean Those are some specific questions I should like to consider The most famous answer to the question What is honour is I suppose Falstaffs answer in Henry IV Part 1 Falstaff lovable rogue and villain must press an army and he recruits the dregs of society vagabonds and knaves tapsters and thieves prodigals and villains the cankers of a calm world Prince Hal calls them When Prince Hal remonstrates I did never see such pitiful rascals Falstaff replies Tut tut mortal men Hal mortal men Fit to stuff a cannon Now this I submit is precisely what the pro life movement is made up of mortal fallible men and women ordinary erring people fit to stuff a cannon or fit to stuff an envelope fit to join a life chain fit to write a protest letter Nothing remarkable not many heroes just ordinary people whose common sense and morality tells them that creatures made in the image and likeness of God are entitled to be treated with dignity and respect from conception to natural death In Shakespeare's play when the noise of battle can be heard Falstaff confesses that he would like to run away and hide but honour pricks me on Then follows his famous soliloquy on the meaning of honour Yea but how if honour prick me off when I come on How then Can honour set a leg No Or an arm No Or take away the grief of a wound No Honour hath no skill in surgery then No What is honour A word What is in that word honour Air a trim reckoningl Who hath it He that died a Wednesday Doth he feel it No Doth he hear it No Tis insensible then Yea to the dead But will it not live with the living No Why Detraction will not suffer it Therefore I'll none of it Honour is a mere scutcheon and so ends my catechism This delightful but cynical you might say postmodern view of honour is prevalent today in Canada Now those of you who have studied English literature will know that William Shakespeare was steeped in the Bible The Bible considers honour 72 SPRING 2006

THE HUMAN LIFE REVIEW to be much more than Falstaffs mere scutcheon In fact unlike the library catalogue which turns up so few references to honour the Bible overflows with it more than 50 references in the Old Testament at least 35 in the New Testament not counting 15 or so additional references to honourable That fact gave me my first clue as to what honour means It means honouring God The Oxford English Dictionary includes reverence and veneration as synonyms for the word honour These words are applied almost exclusively to the worship of God For those of us in this post Christian era who retain a vestigial memory of Scripture some of the biblical references are familiar Honour thy father and thy mother that thy days may be long upon the earth Or God's promise to Israel in the fIrst book ofSamuel Them that honour me I will honour Or the Psalmist's hymn of wonder and praise When I consider the heavens the work of thy fingers the moon and the stars which thou hast made what is man that thou art mindful of him and the son of man that thou visitest him Thou hast crowned him with glory and honour Or this saying of Jesus comforting to anyone who pontifIcates A prophet is not without honour save in his own country And fInally in the last book of the Bible the Revelation that came to Saint John on the island of Patmos when he dreamt of a second coming of the Lord when men shall bow before Him and He shall receive blessing and honour and power for evermore In the Bible honour sometimes refers to the regard in which God is to be held at other times it refers to the inner state of a person an honourable man someone who discerns ajust balance between one's obligations to God and one's duties to one's fellow men So honour originates with honouring God He is the Creator and preserver of life the final moral judge who will reveal all hearts aright But honour extends to our obligations as human beings to our fellow citizens Let me give an example Thomas More 1478 1545 was a man who honoured God He was the most powerful man in King Henry VIII's government knighted for his exemplary service to King and country But when King Henry insisted on marrying young Anne Boleyn and divorcing his wife Catherine and when the King demanded that Sir Thomas More swear to the Act of Succession More refused He declined to speak publicly against his Sovereign but nor would he swear the required oath Robert Bolt's moving play A Man for All Seasons dramatizes the struggle between More who insisted on remaining silent and the King who demanded More's acquiescence if not public support Now why did the King insist that Thomas More declare himself in favour SPRING 2006173

IAN HUNTER of the King's remarriage Well precisely because More was known to be the most honourable man in the realm If More approved of the King's divorce and remarriage everyone would think that it must be right Sometimes I think this is the most important role the pro life movement has played to be a silent witness to honour the right we are often mocked sometimes reviled always it seems ignored but we bear a constant witness that even in these dark times not everyone looked the other way when the unborn and the vulnerable were left unprotected After a sham trial Thomas More was sentenced to death and executed on July 6 1545 As he ascended the gallows More told the expectant crowd that he died the King's loyal servant but God's servant first Now that is honour Two centuries later an English vicar named Frederick Faber 1814 1863 thought of Thomas More and wrote a hymn to honour a hymn that became one of the best known hymns of Christendom although now banned from most Protestant hymnals as sexist Faith ofourfathers living still In spite ofdungeon fire and sword o how our hearts beat high with joy Whene'r we hear that glorious word Faith ofourfathers holy faith We will be true to Thee till death Pro lifers are people committed to the faith of our fathers a faith that says the King's law is entitled to respect but we are God's servants first Here a brief biographical explanation I came to the pro life movement at its beginning In 1968 Justice Minister Pierre Trudeau had introduced Criminal Code amendments which among other changes were to allow legal abortions Abortions became legal if three physicians on a hospital therapeutic abortion committee were prepared to certify in writing that continuation of a pregnancy would endanger a woman's life or health In 1970 the first full year of legalized abortion there were 11,000 legal abortions Despite modem medical advances reducing the risks ofpregnancy within a decade that figure had risen to over 100,000 abortions in Canadian hospitals Then in its Morgentaler decision on January 28 1988 the Supreme Court of Canada struck down the Criminal Code restrictions entirely as being contrary to Canada's newly minted Charter of Rights another Trudeau legacy Since 1988 Canada has been unique among countries in the Western world in having no law on abortion As abortion was legalized and flourished the Canadian pro life move 74 SPRING 2006

THE HUMAN LIFE REVIEW ment sprang up and for 4 decades it has spanned all political parties all religious denominations all distinctions of class and race My first involvement came in 1970 when I moved from Toronto to Ottawa to teach law at Carleton University At a dinner party one evening a young woman asked me what I did and I said I taught law including Civil Liberties Good she said you can teach the Civil Liberties position on abortion Oh and what's that I asked her You know she replied a woman's right to control her own body Now this woman was a school teacher and when I realized that this was the depth of her understanding and this was what she was telling elementary school students I knew I had to get involved in pro life advocacy In those early days I had the privilege of working with many of the founders of Canadian pro life people like Dr Heather Morris Joe Borowski Dr Morris Schumiatcher Ursala Appolini and Gwen Landolt Dr Barry de Veber and Dr Harley Smythe George Grant and John Muggeridge and Father Alphonse de Valko And that honourable roll call brings me to the second meaning ofhonourhonouring life Here again the Bible is our sourcebook it says I have set before you this day life and death choose life Deuteronomy See says the prophet Isaiah I will not forget you I have carved you on the palm ofmy hand The Psalmist says In God's favour is life weeping may endure for a night but joy cometh in the morning And Jesus said I am come that you might have life and have it more abundantly From the first page of Genesis to the last page of Revelations the Bible says Honour life The prolife movement has sought to do that Yet another aspect of honour is the honour of one's country But today this raises a question what if one's country is no longer worthy of honour Whether Canadian law is any longer worthy of respect is a large and disturbing question I have spent much time in recent years writing on this topic and I will not attempt here to summarize my conclusions Let me say just this Canada's lack of protection of the unborn is the legacy of several Liberal Prime Ministers Pierre Trudeau John Turner Jean Chretien and Paul Martin each one of whom was a professed Roman Catholic Yet the greatest man of our generation the late Pope John Paul II a bright and shining light indeed in his encyclical Evangelium Vitae The Gospel of Life wrote that a Christian must not respect laws or even comply with laws which are contrary to God's law I was born in Canada and with only occasional forays abroad I have lived here all my life Yet I understand Canada less and less and feel ever SPRING 2006175

IAN HUNTER more a stranger here Canada for me has become a foreign country in many ways A country where Linda Gibbons is repeatedly imprisoned because she prays within 40 meters of an abortuary but where the abortionist who practices his grisly craft there Dr Henry Morgentaler is honoured by Western University Canada has become a virtual one party state where the most significant decisions are taken not by members of parliament whom we elect but by unelected judges A country where the Queen's representative is chosen from the CBC's chattering classes people congenitally hostile to monarchical government I could go on but you get my point I do not say such things to undermine your patriotism although I agree with Dr Johnson that blind unthinking patriotism is the last refuge of the scoundrel Rather I say these things because if we are to honour our country we must be vigilant when we see the bedrock principles of our country democratic accountability parliamentary supremacy and the rule oflaw undermined C S Lewis put it this way in his book The Abolition of Man We make men without chests and expect of them virtue and enterprise We laugh at honour and are shocked to find traitors in our midst The best example of honouring one's country is the soldier So let me ask What is the present condition of Canada's military Do we any longer have armed forces capable of bringing honour to our country or have our armed forces been systematically demoralized and deconstructed One has only to ask the question to answer it In his poem The Soldier's Return Robert Bums writes For gold the merchant ploughs the main The farmer ploughs the manor But glory is the soldier's prize The soldier's wealth is honour The brave poor soldier ne'er despise Nor count him as a stranger Remember he's his country's stay In day and hour ofdanger An illustration of honouring one's country comes to us across 26 centuries Six centuries before Christ the Romans were at war with the Etruscans When the Etruscans marched on Rome the Romans were greatly outnumbered A messenger came to the capital to tell the Romans that thousands of Etruscan soldiers would soon be at the bridge over the Tiber River One old man Horatius much too old for military service went out and found two friends and the three of them buckled on old rusted armour took up their 76 SPRING 2006

THE HUMAN LIFE REVIEW ancient spears and went out to stand on the bridge They thought they might delay the Etruscan anny long enough for Roman citizens to hew down the pillars on which that bridge stood And that is exactly what they did Was it heroic Well twenty four hundred years later the English poet and historian Thomas Macaulay recalled what they did in this verse Then out spake brave Horatius The Captain ofthe gate To every man upon this earth Death cometh soon or late And how can man die better Than facing fearful odds For the ashes ofhis fathers For his country and his gods H I sometimes think of pro lifers as like Horatius standing on the crumbling bridge that is Canada a bridge from which the foundations have been hacked away determined to bear witness to the truth for its own sake for God's sake for honour's sake and yes for Canada's sake Now through most of my years in the pro life movement I confess that I have been deeply pessimistic about our chances of changing anything from the initial legislation in 1968 through the petition of one million signatures in the 70s to the 1988 Supreme Court Morgentaler decision to the Court's lowering the age of sexual consent in the 90s right up to last June when Western University went ahead despite widespread alumni protests to honour an abortionist the Canadian pro life story is one of unbroken parliamentary and judicial defeats Again and again we lose yet your presence tonight is proof that we are not defeated Recently however and rather to my surprise I have become more optimistic about the pro life future There are three reasons for this First thanks to ultrasound sonography and other medical advances in fetal imaging and treatment no rational person can any longer deny the humanity of the unborn In the early days abortion advocates used to say that a fetus was just a blob of tissue so abortion had no greater moral significance than say an appendectomy Medical advances mean that those days and those arguments are gone forever Second several recent studies suggest that the younger generation those under 30 are more opposed to abortion than their parents were At least in the United States where anti consensus thinking is not yet a crime or a human rights violation young women particularly seem to be more strongly pro life than we had any right to hope Third history suggests that systems constructed entirely upon lies cannot SPRING 2006177

IAN HUNTER stand forever the pro abortion State must contort itself in ever more bizarre and despotic ways in order to sustain the abortion related lies I retain a perhaps naIve belief that at some moment and without much forewarning the whole edifice of abortion lies like the Berlin wall will crumble and fall down before our eyes The fourth kind of honour that I want to mention is the honour of the regiment This kind of honour is unique to military and para military organizations and it consists of pride in past accomplishments and esprit d'corps As an outsider who never served in the military it would be presumptuous of me to hold forth about something I have not experienced But we do experience a measure of this with battles in the pro life movement Let me tell you one true story that illustrates this kind of honour a story from the first world war related by Walter McPeak Two members of the same regiment had fought in the trenches of France During an attempted advance one man was struck by a German bullet In the trench the other man asked his commanding officer for permission to venture out into no man's land to recover the body at first the officer refused saying that his friend was almost certainly dead and he would be risking his own life to no purpose But the first soldier persisted and the officer finally consented So over the top the soldier went and just as he reached his comrade the wounded man died Somehow that soldier made it back to the trench but without the body You see the commanding officer said You risked your life for nothing No replied the soldier he was conscious when I got there and he said Tom I knew you would come I knew you would come Then he died I did what he expected ofme and that is reward enough In the pro life movement we seek to bear witness to the truth because God expects that of us and we expect it of ourselves and that is reward enough Now I began tonight by talking about Falstaffs cynical view of honour but you know William Shakespeare contains universes within himself In his play King Henry V the year is 1515 The young King stands upon French soil on St Crispin's day to prepare his men for battle Do you know any words on honour more rousing than these This story shall the good man teach his son And Crispin Crispian shall ne'er go by From this day to the ending ofthe world But we in it shall be remembered Wefew we happy few we band ofbrothers For he today that sheds his blood with me Shall be my brother be he ne'er so vile This day shall gentle his condition 78 SPRING 2006

THE HUMAN LIFE REVIEW And gentlemen in England now a bed Shall think themselves accursed they were not here And hold their manhoods cheap whiles any speaks That fought with us upon Saint Crispin's day The final kind of honour I wish to mention and you can see now that honour is a protean concept is honour of tradition That is not a popular notion today We are a society that deifies change and worships the new We forget that we do not exist only in the present moment We have a past and we owe ancestral obligations to those who sacrificed for us just as we owe obligations to the future to our children and children's children That wise old warrior G K Chesterton had a wonderful phrase for this He called it the democracy of the dead In his classic work Orthodoxy Chesterton wrote Tradition means giving votes to the most obscure of all classes our ancestors It is the democracy of the dead Tradition refuses to submit to the small and arrogant oligarchy of those who merely happen to be walking about All democrats object to men being disqualified by the accident of birth tradition objects to them being disqualified by the accident of death I have an illustration of this drawn from the milieu in which I spent most of my working life the University During the 1960s that era when everything seemed up for grabs the Dean of a Canadian University decided that it was time to shake up his very traditional Philosophy Department Enough of a stale curriculum full of ancients like Plato and Aristotle and Saint Thomas Aquinas those who today are derisively called DWEMS Dead White European Males Full of the democratic enthusiasms of the moment the Dean decided to poll the students and he sent each a letter asking whom they would choose to study Imagine his surprise when many letters came back from students saying they would like to study Plato and Aristotle and St Thomas Aquinas The Dean called a meeting and said to the student representatives Look why are you being un cooperative Don't you want to venture out on something new And one student replied Yes Sir we are interested in new things but how can we test something new until we know what was truly great in the past For the rest of his career that Dean would relate that story whenever some young Turk wanted to do away with long standing tradition In the year 1900 the British Antarctic explorer Ernest Shackleton placed this advertisement in the London Times Men wanted for hazardous journey Small wages bitter cold long months of complete darkness constant danger safe return doubtful Honour and recognition in case of success Ernest Shackleton SPRING 2006179

IAN HUNTER Shackleton later said that it seemed to him as if every man in Great Britain were determined to accompany me so great was the response And those few that did accompany him were rewarded with the honour that flows from self sacrifice and integrity So what have I said to you tonight I have suggested several different meanings of honour and I have tried to give an illustration of each Honour of God honour of life honour of Country honour of the Regiment and honour of tradition In the end all of these kinds of honour depend upon integrity If there is no honour at the heart's core there can be no other kind of honour Pericles the 4th century orator general and statesman who presided over the golden age of Athens in his Funeral Oration said It is only the love of honour that never grows old and honour it is not gain as some would have it that rejoices the heart of age and helplessness For the better part of half a century the pro life movement has stood honourably and has stood for honour for the defence of human life the honour of God the honour of country and tradition It has stood up for the weak and undefended I am honoured to be part of the pro life movement and I am honoured to have been your guest and to have been able to say this to you tonight 80 SPRING 2006

THE FOURTH ANNUAL GREAT DEFENDER OF LIFE DINNER HONORING MARY KENNY

7I'he HrumaU1J Life lForuU1JaatioU1J is pll'orud to host THE FOURTH ANNUAIL GREAT DEFENDER OF LIFE DINNER MARJ KENNY Mary Kenny the Review's longtime European Editor is an Irish author journalist and broadcaster who lives and works in both London and Dublin Her many books on culture religion and social history include Abortion The Whole Story 1986 and Goodbye to Catholic Ireland 1997 She is also the biographer of William Joyce Lord Haw Haw her absorbingly elegant study The Guardian titled Germany Calling is now being made into a feature film A regular columnist for the Catholic Herald London and the Irish Catholic Dublin Ms Kenny also frequently debates cultural political and religious questions on radio and TV Backin the early nineties Mary Kenny's spirited columns caught the attention of our late editor J P McFadden and he invited her to write for the Review Her first article which appeared in our Summer 1992 issue was about Ireland's Struggle to remain a pro life country She has been an articulate impassioned and lively contributor ever since as well as a valued ally in the fight to restore protection to the lives of the unborn And she is a delightful and treasured friend We are proud to honor Mary Kenny with this year's Great Defender of Life Award introducing Ms Kenny will be the British journalist and broadcaster and Review contributor Lynette Burrows Ms Burrows run in with Scotland Yard after she ventured the opinion that homosexual adoption was a risk during a discussion on a TV show last year was recently recounted in columns by Mark Steyn and John Leo Please join us for what promises to be a jolly wonderful evening WlEDNESDAY9 OCTOBER 2592006 THE lImON LlEAGlUJE CIL1Lffi 9 NEW YOR C 1fY Jlndividual 7 ickets 250 Sponsor 7l'able 2,500 Benefactor 7l'able 5 OOO For more information or ifyou would like to receive an invitation please call 21260S SUO or email humanlifereview mindspring com SPRING 2006 81

APPENDICES

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