I wanted to at least make a couple of observations about this whole “redefinition of rape” thing in the H.R. 3 (the “No Taxpayer Funding for Abortion Act”).
It looks like the GOP has backed down in the use of the qualified term “forcible rape” in referring to the rape exception. But I want my thoughts on the record anyway.
* * * *
Yes, it’s true: The legislation did not actually offer a definition of rape, and so technically it didn’t redefine it. It restricted instead the applicability of the term in a particular context. It didn’t say rape is only forcible act. Rather, it said that it exempted only situations involving forcible rapes. But this is a difference without a distinction, as I hope to show.
To reason about charged topics, I like to move them into a conceptually neutral space so that I can see clearly without worrying about whether I’m trying to bias the reasoning to my own preferred outcome. Please indulge such an example of wordplay in order to illustrate my point.
Consider that if the legislation needed an exception for Martians, someone might have written “except for white-skinned Martians.” But we all know Martians have green skin. So has there been an exception made for Martians? I’d say not. Have we redefined Martian? Well, no, not exactly. We have, however, so heavily qualified the term that it left out the important exception from the legislation—no Martians will get an exception. So it would be unfair to say “There is now an exception for Martians,” wouldn’t it? The only way such a statement would continue to make sense is if you intended, as a side-effect of the usage, to claim that the usage was the new definition of Martian. Saying, “oh, there’s an exception for Martians” is disingenuous at best. It makes sense only if we should construe the meaning of “Martians” to refer to the restricted set of Martians mentioned in the legislation, and so, implicitly, it seems to redefine the meaning of the word.
And so, back to reality, if you want to make this change, the minimum you should expect is for people to say “You have removed the rape exception.” For anyone to say there is still a rape exception is, in effect, for them to say that rape no longer means what it did.
* * * *
I’ve also seen it argued that:
“... even if Republicans were to exempt every type of rape from being paid for with federal funds, it still wouldn’t change the existing rape legislation. Rather, it would only change which of these abortions can swallow up money from unwilling taxpayers.”
No, that’s not right. See my article My Slice of the Pie (Again) for details of the argument. But it turns out that not all of the money in the budget came from those taxpayers with objections, and so if money is spent it cannot automatically be construed to have come from those taxpayers. There is plenty of money in there from “willing taxpayers” that will cover.
If anyone wants to talk unwilling taxpayers, let’s talk Iraq and Afghanistan war, shall we?
* * * *
I’ve heard it claimed that the Republican leadership doesn’t care about abortion. They just use it as flamebait to get gullible supporters to rush to the polls. The claim is, and I see no evidence to the contrary, that they’d rather these things not pass because it just infuriates their base more and makes them want to consistently show up to vote.
In The Atlantic Wire, Caitlin Dickson writes::
“I suspect the heinousness of this latest attack is no accident. The conservatives understand the art of negotiation and I think they have put this provision in there for the express purpose of creating a firestorm, drawing the attention of the pro-choice groups and then "reluctantly" giving it up in exchange for the Democrats giving in on all the other, less sexy, changes they really want. Changes which will restrict abortion for far more people throughout the country than this rape redefinition ever would.”
I think she’s hit it right on the nose.
* * * *
One final thought about how to drive all of this home. This is my own synthesis, just turning the arguments of the Right back on itself. Perhaps it will get the point across:
The No Taxpayer Money for Hypocrites Act
Resolved: That there shall be no federal money spent protecting super-wealthy individuals from any but forcible theft.
This wouldn’t really change the definition of theft. Theft would still be illegal. So it would basically be just an administrative variation on the status quo, right? What’s the harm? All this would do is, to paraphrase the quote earlier in this article, “change which of these thefts can swallow up money from unwilling taxpayers.”
I’m quite confident I can drum up some unwilling taxpayers to back that up, so this should just sail through Congress, right?
If you got value from this post, please "rate" it.


Salon.com
Comments
Yeah, what about unwilling taxpayers funding the wars....ah, but the wars are *patriotic* and abortion is *sinful*. Get your righteous and unrighteous murders sorted out here.
rated with hugs
If, however, you essentially want to punish sexually active women who get pregnant, than you make laws that restrict abortion for women except those who were involuntarily forced into having sex. So if you voluntarily have sex, you're bad and have to live with your mistake.
If you involuntarily have sex, then the "all life is sacred" argument goes out the window.
As far as I'm concerned, they can't have it both ways.
Nibble it slow and one day there will be no more legal options.
Abortion is a medical issue best left between a woman and her doctor.
Myriad, I can't see any way an issue this hotly discussed is playing out by accident in any way at the level of the political players. There may be some backers out in the world at large who are ignorant/naive enough to think this issue is a minor, uncommon, or benign one. But among those who penned the bill? No. I'm with FingerLakesWanderer on this one. It's an implicit doling out of punishment, a willful desire to be the instrument through which a fantasized vengeful God acts. (And, I think, a misconstrual of any Biblical text on the subject, since I think God prefers to dole out his own punishments and to have people stop pretending they can act in his stead.)
Linda, I'm going to go out on a limb and say you're not a member of the Republican party. They pretty come very close to having a plank in their party platform which promises not to treat women with dignity.
I appreciate you taking on this issue. you're so spot on especially at the end. what about some new laws against forcible murder. or forcible muggings. The word should be added to all crimes, if its added to this one.
muchas gracias.
I think they see chaos in failing to define this, but I see greater chaos in the fight to be the one to control it if one insists on doing that. Living in a pluralism requires great care and considerable intellectual sophistication. I fear that, especially with our ailing educational system, many of us are just not up to it. How dreadfully sad. All the moreso because by any reasonable theory of this whole pure/impure theory, many of the victims of rape are also pure. And yet this stupid approach manages to split hairs and make some of the pure into impure, as you note. It's a terrible metaphor to start with and leads to horrible inconsistency in Justice.
But it's really the slice of the pie thing that offends me most of all, since this isn't going after whether you can have the abortion—well, not overtly. It's obviously the intent beneath the covers, so to speak. The fact that it just isn't the taxpayer dollars of the people trying to run the show is what's so obviously clear to me. If they want to be the only ones taxed, so they can control where the government money goes, that's one thing. But they want others to pay the tax, and then to deny those people who pay any say in where the dollars go.
And unfortunately, I think the Right Wing is being damned devious about this. But their eventual aim is clear, they want to take away abortion and contradictorily would also like to severely restrict contraception, and if you get pregnant, expect NO help from them in the form of the WIC food program to get nourishing food for your child, don't expect a job for yourself, don't expect health care, day care, Headstart, Sesame street, decent K-12 public education or any of that other bleeding heart liberal stuff. Women, just stay pregnant, because the day you give birth is the day the GOP immediately stops caring about you. To them, you now just another welfare cheat.
We need to form a full-court press to defend ALL reproductive rights and care against these conniving bastards.
I'm furious at them, but thanks, Kent. Rated
rated with love
To me, this whole forcible rape thing does irreparable harm to social conservatives, who've endeavored for years to couch their concerns in terms of compassion for both the child and the mother. In effect, the sheep's clothing has just fallen off the wolf.
Cathy, glad the hook got you in and that you survived the headier parts. I know I go after some complicated issues, but I do try to keep things accessible. If I ever don't, you should let me know!
Dolores, yes, there's no end to it once you start down that path. Thanks for adding those very illustrative examples.
Blue, yeah, every time such horse trading comes up, I cringe, because I know how Obama will handle it. But at least the Democrats remaining in Congress are starting to grow a bit more spine. I think they should run a primary challenge, though, and offer a different candidate for President in 2012.
Shiral, yes, and the worst part is that some are “sexually active” (and I use the term loosely) only because they've been raped. How shameless of them, being victims like that, I guess we are to conclude. And yes, as soon as the birth occurs, “just another welfare cheat,” as you say. It's all just so sad.
Poetess, happy to accommodate in the clearing of the smokescreen. Thanks for stopping in.
Megan, to the extent that it's the aim of social conservatives to meddle in the private affairs of others, I hope it does set that goal back.
I think it would be more accurate to say that the belief is that there is no significant moral difference between a developing, unborn human, and an infant. Thus abortion is seen as a kind of infanticide. Many of these controversies surrounding abortion are at root differences of opinion on the moral status of the fetus.
Kent: "And, of course, this is all premised on the beliefs of one or more particular religions, notwithstanding the “establishment clause” of the First Amendment. So the fact that others among the citizenry disagree about this line, or where it is placed, seems of no consequence to those advancing these positions."
In what way in the establishment clause relevant? There is nothing in the Constitution that prohibits people from advocating policies inspired by religious faith (or the lack thereof).
The relevance of the establishment clause is to say that no one's religion shall trump another's. We had issues with “Blue Laws” here in New England telling us that alcohol couldn't be sold on Sundays or that people couldn't work on Sundays. But not everyone is of those religions and that's not a good basis for law. Oh, sure, religious people can say “oh, it's not to promote the dominance of or even just preference for my religion but it's just by coincidence that I want to say no one should work on Sundays” but I think it will be transparent what's going on there. The same is true with abortion. It may seem like a great moral thing to you, but to people not sharing your beliefs, it is not. It's more akin, I think, to vegetarianism someone may think it's important to respect all animal life, but that doesn't mean they should be able to control everyone's existence based on that sincerely held belief. I would assert the establishment clause there, too, frankly.
Please let's not debate abortion here. There are other threads for that. I offer these not as arguments to convince you but merely as clarifications of my remarks earlier, so you'll know what I was referring to. I appreciate the clarifications you offered, but I'd like to keep this discussion narrowly to the question of whether all forms of rape should count as rape or whether there are some “lesser” rapes that don't allow a woman, whose entire life going forward hangs in the balance, to have a say in how she goes forward, and instead compounds the injury she has endured by telling her that as a consequence of the “lesser” rape, she must now endure the emotional, social, economic, and totally life-changing consequences of an unwanted pregnancy.
Abrawang, thanks for the support.
I'm sure the Repubs would object, as their goal isn't what they say, it's to apply what can only be police state controls on women. The fetus as ward of the state; the woman as slave to the state.
Mish is right about religion being acceptable, and even an inseparable factor in public morality that decides law. However, the Establishment Clause does apply as it is meant to prevent law based on religion. A tricky line to play with, but that is why the anti forces are forever in search of other justifications, such as the idea that the woman might experience regret...abortion causing cancer, etc.
As an interesting side note as far as the evangelic religious right's "morality" goes -- they considered abortion a Catholic issue until a few players figured it was a great way to raise money, anger and votes. Cha-ching! Instant "morality."
I notice the Repubbies want to hold what would imply voluntary incest (as if being of legal age is the same as voluntary) abortion as exempt from funding. If I were prone to toss about a joke, I'd say that part is a strategic move that ensures the perpetuation of a demographically significant portion of their base.
As far as I know, the basic issue is the extent to which public funds should be spent on abortion. Rather than public money, which seems to be so controversial, why don't people who support unrestricted abortion raise money to pay for abortions for women who can't afford them?
The Supreme Court has already held that "a woman's freedom of choice [does not carry] with it a constitutional entitlement to the financial resources to avail herself of the full range of protected choices." [Harris v. McRae] So why not simply remove public money from the picture, and pay for abortions for poor women with private funds?
Everybody wins. Conservatives don't have to worry about public funding of abortions. Liberals get to contribute to what they see as a good cause. Poor women get abortions. Abortionists get paid. And Planned Parenthood already has a fundraising infrastructure set up. What's not to like?
However, there is no special meaning in what you have cited that would lead me to believe or conclude “So why not simply remove public money from the picture, and pay for medical care, movies, or food for poor people with private funds?”
The answer is that the fact that there is not a compulsion on the government to pay for medical care, movies, or food is not license for the government to claim that if the government never pays for medical care, movies, or food then “Everybody wins.”
Everybody wins when everybody wins. Whatever we may conclude from this discussion, there is absolutely not in any sense of the word a “win” if private funds are required of people with no access to private funds.
It's clear that even in the extreme case of government payment for movies that everybody does not win by having people pay priivately for movies. Some people see movies and some don't. That's clearly not everybody wy wiinning. So at minimum if you can't bring yourself to admit there are winners and losers in this discussion by withholding public money, then we probably have nothing more to discuss.
It is legitimately within the realm of government to decide certain aspects of winners and losers. It is a myth to suggest that government does not by its every action decide winners and losers. Government does decide that people don't get to see movies unless that person earns them. It doesn't issue moviestamps. It's probably appropriate that it doesn't. But let's not confuse that with saying that everyone wins.
And so the question is whether it is right and just that there is no help for women in this case of abortions. You're alleging that somehow the fact that government has no necessary compulsion to pay for abortions implies, or should make us feel comfortable with, the conclusion that government has a compulsion not to pay for abortion. That's a big leap and not one of logic.
For you to say it requires you to feel that it is not a loss to omit such financial support, and to conclude that requires you to see it as not immoral to withhold such support, and for you to conclude that requires you to take a religious position.
I, on th eother hand, consider that it is immoral to withhold the money. My religion, such as it is, that is the moral code by which I live, indicates that it is nothing less than slavery to require of a woman to engage in an unwanted birth especially in the situation where the person has been raped in any way and has had no voluntary choice.
This is not to say that I think my religious belief, such as it is, means that the Constitution has a compulsion to pay, but rather the legitimate basis of my religion is that there is no Constitutional basis for denying payment as just another medical treatment. The question here is not “should the government pay for health care at all” but rather should the government take the extraordinary action of reaching into the privacy of the doctor's office and saying “this is a form of health care that a tax payer who has contributed money to the government should never receive that same money back for this purpose.”
There is no way you can blame the withholding of that money on the Court. The Court has not said anything that would lead to that conclusion.
It is simply legislation like any other. Shall we pay for flu vaccine? There is no Constitutional basis. We just decide. Viagra? There's no Constitutional compulsion to pay or not pay? We just decide. Abortion? Just the same.
And so it comes down to compassion and budget. The budget part there are willing taxpayers for. If the will of taxpayers is available, many of us would have wars canceled before abortions for lack of funds. So let's not talk of budgets.
And that leaves only compassion. “Everybody wins?” Mishima, I'm sorry. You may not want to support the people who win here, but please—don't suggest that everyone wins.
Government must do for people what they cannot do for themselves. I don't mean just the abortion. People can do abortions themselves. But the cash flow from the people in the country who would support this to the people who need it is impossible to arrange without government help. Moreoever, there are private insurance companies that wouuld pay, and yet the government support of such health care plans is something that is targeted by these laws. Money is flowing to these companies to do their ordinary business and yet the legislation says to stop that money in this case. No, that is not everybody winning. That's government deciding that particular people should lose.
Don't hide behind the Court on this one, Mishima. I respect your opinion on a great many things but on this you have a blind spot. There is no compassion in your position. If you expect me to have compassion for your position, and I assure you I do, you owe me the similar respect for mine and you are not offering it.
This situation is at minimum not one where everyone wins by the government refusing help.
If you and I disagree on morality, the best a pluralism can hope to achieve is not to make you the winner or I the winner. That is, if you think all walls should be painted red for religious reasons and I think all walls should be painted blue for religious reasons, the answer is not for you to argue my walls should be red nor I that your walls should be blue, but rather I should be allowed to have the walls as I need them for my religion and you as you want them for your religion even if we each think the other is being immoral. Sometimes that's the best that can be done. And if you don't want money spent on abortion, you have to realize that it's not all your money. I don't want it not spent on abortion in the cases in questions, and it's not all my money either. But if there is money going in from me and money from you, and the money from me and people like me does not exceed what is reasonably being spent, then there is no moral basis for you to suggest that your money is being spent inappropriately. And for you to say that people shouldn't do this for moral reasons is just to violate the establishment clause.
There. I hope that answers your question.
1. I appreciate the fact that you are not re-debating abortion.
2. It never ceases to amaze me just how many linguistic contortions are required when the objective is to talk in code.
3. Where do I sign up to vote for your Act? That was one of the best
"payoff;'s to a piece I've ever seen!
Roger
Pedant, did you see the interchange between Mishima and me above? Does that go to some of the question you're asking? I could perhaps post something to put my long reply to him in some more coherent form, but let me know if you think I addressed the matter in the way you're asking for, or what was omitted from either the question or the answer.
As for rape, what would be done in the situation of rape fantasies acted out with the consequence of a pregnancy? Would the funding be so restricted that a woman would sell her partner down the river just to be bailed out? I am just playing devil's advocate with that example. While I don't defend the Republicans at all in this matter, I see how they might want to be removing any possible loopholes. The sick irony is that it isn't their motivation.
What about purple walls? Maybe not that even, because we can't assume that anything is universally right about the red ones or the blues. Religion should be private, so yes, those walls should be separate and whatever color the individual chooses. But at some point, those walls have to come down if we are going to reach a consensus on anything.
Authority Obsessed People: Keep your would-be controlling paws off the bodies of women- Butt Out!
I have issues with the concept of tolerance, because I infer it as disapproval with a mask. Where is the acceptance? It goes out the window when people force their own beliefs on each other as opposed to that dialectic I referred to earlier. An example of forcing is to restrict funding to those who need it based on the lawmaker's own beliefs. Then again, aren't we being forced upon either way as taxpayers? Or, is a proper society tenet to collectively pay for our individual freedoms? Is that a fundamental right, or one implied in the Constitution? We have a fundamental right to healthcare that will keep us alive and prosperous, but the Constitution grants us a right to say whatever we want even if it is hurtful and incites violence. See, there is no clear answer once we start picking away at it. So there it goes back to my (of mine and others) original assertion that it is a medical procedure, it should be just that and not have an ism tailing it. I know this is about the defining or allusion of re-defining what rape is, but I wonder how with one flick of the wrist, it creates another shade of gray in the victim's world.
Peeling off the layers of that onion burns my eyes.
And as to tolerance vs. acceptance, sadly, while there is a difference it's pretty much impossible to legislate it in a free society. For more discussion on this elusive matter, you might enjoy the right column boxed text in my 2008 article Whatever Should Be, Should Be.
I can tell you that my organization is on a first call basis for anyone who arrives at a hospital who has been sexually assaulted, and that our protocols, working with SANE (Sexual Assault Nurse Examiners) nurses involves advice about Plan-B ( a high dose of basically birth control) as well as phrophylactic drugs to prevent HIV. The survivor has a choice, throughout, to state what she wants in terms of an exam and anything else that is offered.
So, the assumption is that a woman who has been raped and discovers that she is pregnant can have funding for abortion. It's impossible to prove rape in most courts (there are exceptions if there are witnesses, but that's rare) without the "rape kit" which is only performed by SANE nurses, so...the onus is on the woman to prove rape in order to get an abortion?
By the time she gets out of court, that fetus will be in elementary school. And I doubt judges want to see a huge caseload of trials for abortions. obviously, it would not happen because nobody gets a day in court in nine months unless he/she is arrested.
So, basically, a woman must prove rape to get an abortion is an impossible scenario.
As a reproductive health counselor I prevented thousands of abortions. It's called birth control, and since I can't prevent sex (God even failed at that) I was happy to dipense all manners of birth control. Plan-B was not yet over the counter, so we were one of the places to get it, after a 10 minute one on one counseling session. I counseled women about taking Plan-B.
I counseled young women to think more deeply and to come back -
or not - after learning they were pregnant. I never, ever encourage anyone to do anything they don't want to do.
Strange how abortion and rape could ever be conflated as similar issues.
But I see the backroom, always.
I also find it funny, myself, that the notion of a safe and legal medical procedure is, in fact, accessible. It's not. But I could truly rant right now...anyway, I wrote my own post about abortion and rape. Thanks for the inspiration, as weird as that sounds!