Sunday, March 14, 2010
"Intervening Decision": A Response to Bob
Bob provisionally suggests an equivalency between the intervening decision of a user of a school voucher and a user of government assistance to purchase abortion coverage arguing in both cases that we effectively "blind" the state in these matters for the time being because of deep disagreement among the populace over the role of faith in one's education and the moral status of the unborn respectively.
I would argue that the two cases are not equivalent for the following reasons. As a People, I hope that we are in agreement that the intentional taking of innocent human life is wrong. What we disagree about is the application of this principle to the facts in the abortoin context. But, the facts are not really in doubt. Biologically, the unborn child is a human being at an early stage of development. Those who would deny this, deny it out of innocent or willfull ignorance. Those who do not deny the science but nevertheless insist that abortion should remain a choice with the mother (the Roe court's term for the pregnant woman) disagree with the principle that the intentional taking of innocent human life is wrong. To the extent that the Court will let them, I don't think the political branches must blind themselves to either the principle or the very clear scientific facts.
With respect to the role of religion in one's life and education, our country has a long history of what I might call soft public theism. The Declaration of Independence, Madison's Memorial and Remonstrance ("Before any man can be considered as a member of Civil Society, he must be considered as a subject of the Governour of the Universe"), Washington's Farewell Address, Thanksgiving proclamations, Lincoln's Second Inaugural, etc. all testify to this. We also have a strong tradition that religion can't be compelled or imposed. Madison said "The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate." Vouchers then are in one sense a way to honor and support what we as a Nation do agree upon.
I look forward to responses from Bob and others.
https://mirrorofjustice.blogs.com/mirrorofjustice/2010/03/intervening-decision-a-response-to-bob.html
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Your argument against the morality of abortion is a good example of the strawman fallacy. You're creating a much weaker position for your opponents and then attacking that position.
You suppose that there is a universal principle that supposes that the intentional taking of human life is wrong. You then define "human" to include all stages of development. You also assume that the principle against the taking of an "innocent" (very loaded word, by the way) life is an absolute principle; you assume that nothing can overcome that presumption.
People who think abortion should be a choice don't usually dispute the fact that a fetus is a developing human, in the sense that it will at least become what everyone recognizes as human. However, what the definition of "human" should be in the principle against taking human life is a philosophical question, not a scientific one.
It is also possible that people who are pro-choice agree that fetuses are human and that human life should not be taken, but also think that the government should not be able to force a woman to allow something to grow within her. There are then two competing principles. Deciding upon the right balance between them does not mean that you must disregard or disbelieve one or the other.
As for parochial schools, you're also missing the main argument against them. It is not an issue of religious compulsion (or a Free Practice Clause issue, if you will), it is instead an issue of religious establishment (an Establishment Clause issue). There's no way in which vouchers could be said to "compel" religious beliefs, even if vouchers were only available for religious schools. That would, however, cause an Establishment Clause problem. The intervening choice doctrine is an answer to the Establishment issue, not a compulsion issue.