New York’s broad new abortion law, dubbed the “Reproductive Health Act,” was sold to the public as merely enshrining Roe v. Wade into state law. On the surface, it seems to do just that by extending abortion-on-demand to 24 weeks and allowing for exceptions beyond that point in cases where the fetus is unlikely to survive outside the womb or when “necessary to protect the patient’s life or health.” If the law only codifies what was already federal policy, it seems odd that the governor’s and Assembly’s official statements include multiple quotes praising New York’s “progressive” position on abortion. Perhaps this is a reference to just how “progressive” Roe is; after all, it created a national right to abortion so broad that babies could be killed at the point of birth based on an incorrect diagnosis or a temporary emotional state. But no, there are new abortion “rights” in this new law that put it outside even the realm of Roe, which the people selling the law knew even as they said it was the status quo. New York is again “leading the way,” but should anyone want to follow?
Apparently, Killing Shouldn’t Be a Crime
One notable change in the Act is that all language regarding abortion has been cut from the penal code and the new provisions were moved to the public health law. On a rhetorical level, New York is arguing that abortion is a health care right, even a “fundamental” one, and that as such it should not be considered part of criminal law. On a practical level, this means that, even though elective abortion after 24 weeks remains illegal, there are no legal grounds to prosecute whoever performs such an abortion. What exactly is the enforcement method for the few restrictions on abortion that survive this law? Are we relying on the moral conscience of late-term abortion practitioners to obey a law that shrinks their business yet has no method of enforcement? Consider me skeptical of the value of New York’s legal line in the sand at 24 weeks.
The move to strike any language about abortion or “born-alive infants” from the penal code also removes protection from two groups of children—well, two groups besides the vast number of children already being freely aborted under the law. In the first case, as was argued by opponents of the Act, there is now no law against the “involuntary termination” of a pregnancy, let alone a law against fetal homicide; this means that a woman whose child is killed prenatally in an assault or car accident can’t prosecute the killer in New York state. Supporters of the law attempted to argue that the woman has much better charges available with longer sentences, like felony assault, so it doesn’t matter that there is no law against killing the fetus. By this logic, a shooter who kills one person and injures nine others should only be charged for the one murder; the nine attempted murders don’t matter, since you’ll just get a life sentence under the higher charge anyway.
Why would state representatives say something that flies in the face of basic principles of criminal law? New York is unwilling to say that any injustice was done to the now-dead fetus, because, if it had any right not to be killed, it would be inconvenient for the logic of abortion as social good. They’re willing even to imply that the only right which is being violated is the mother’s right to her bodily integrity, but in that same bill they claim she has “a fundamental right to choose to carry the pregnancy to term.” On their own terms, they should argue that involuntary termination and fetal homicide are acts of injustice against the woman’s reproductive right, not only her right to bodily autonomy. The mother is disallowed by law from seeking justice for her child and is told that it is enough that the state might award justice to her. New York is so gripped by abortion fever that it would rather tell pregnant victims of assault how they should view their assault than grant them the right to seek justice for their murdered children.[Tweet that]
On September 18th, Netflix released a documentary about abortion called “Reversing Roe.” I watched it, hoping that it was made in an unbiased way, fairly showing both sides of the debate. Unfortunately, as with most documentaries about abortion, this one was edited in a very slanted way, I think to intentionally manipulate the audience. As someone who studies video editing in his spare time (I know, I’m fun, aren’t I?), I recognized lots of subtle editing tricks the filmmakers were using to make people feel comfortable with pro-choice people and uncomfortable with pro-life people.
I decided that the best way for me to equip pro-life advocates to have productive conversations with their pro-choice friends about this documentary was to make a series of videos showing clips from the film and then provide commentary, both on the biased editing tricks as well as responding to the more substantive pro-choice arguments in the film. I spent the next few weeks doing a careful analysis of the film, shooting about 90 minutes of footage of me responding to the documentary, and then working with a new volunteer on editing them into shorter clips to post on YouTube. I’m modeling a video style that’s become very popular lately, where an expert (like a doctor or lawyer) watches clips from a show or movie and then comments about it. I haven’t seen any other pro-life advocates use this style, and I think these videos came out so great that we might do more in the future.
Click on the embedded playlist below to watch the clips for yourself, but I’ll make a few of my points below to give you a sneak peek.
John Oliver is a tremendously talented comedian. Unfortunately he’s also an abortion extremist and he has no intellectual honesty. Recently on his HBO show Last Week Tonight, Oliver set his sights on Crisis Pregnancy Centers. He painted a very bleak, and very inaccurate, picture of CPCs. He suggested that they’re full of nasty, dishonest people that just want to control women. Here is a breakdown of his biggest lies, spin, and deception.
#1: Oliver flagrantly, and knowingly, takes Abby Johnson out of context
This segment features two quotations from pro-life advocate Abby Johnson, speaking at a 2012 conference for Heartbeat International (it’s also worth noting that Oliver exclusively refers to her as a pro-life activist and never mentions the fact that she is also a former director of a Planned Parenthood). I interviewed Abby after Oliver’s hit piece came out, and she explained that Oliver’s producer reached out to her via email while they were writing their segment. He told her they were writing a piece on Crisis Pregnancy Centers and that he had some quotations from her that they wanted to use but that he wanted to talk to her first. Abby said he was extremely friendly on the phone and that he came off like he was listening to what she was saying. He asked her to give him context for the quotations they were using, which is particularly damning because they still used both quotations completely out of context.
Oliver sets up the first quotation by saying:
Way too often, women are being actively misled while trying to access healthcare. And CPCs seem happy to have women confuse them for abortion clinics. Just listen to Abby Johnson, an anti-abortion activist addressing a conference for one of the largest CPC organizations.
Then he gives the Abby Johnson quotation:
We want to appear neutral on the outside, The best call, the best client you ever get is one that thinks they’re walking into an abortion clinic. Okay? Those are the best clients that could ever walk in your door or call your center–the ones that think you provide abortions.
But Abby wasn’t talking about actively misleading clinics. Abby told Oliver’s producer that she has never encouraged a center to lie about what they do. Pro-life advocates think that lives are on the line so of course we’ll do everything we can while remaining moral to try to get the abortion-minded woman into the center. She has options other than abortion and we have good reason to believe abortion facilities won’t fairly present those options to her. Let’s focus on Planned Parenthood for a moment because they are the largest provider of abortions and we have the most data about them.
Whether you are participating in legislative efforts, sidewalk advocacy, volunteering at a Pregnancy Resource Center, or leading a Students for Life group, you should be talking about your pro-life work. Pro-lifers need to talk more about what we are doing for the movement because building awareness is half the battle of grassroots mobilization efforts. Successful social change comes from recruiting those who agree and reaching out to those who disagree.
Let’s take a look at how pro-choice people discuss their activism. I am going to use the Women’s March of January 2017 as a case study for how we as pro-life advocates can improve our own messaging by examining the March’s approach and identifying what we can learn from it. The second Women’s March took place this year on January 20th, but, for the sake of simplicity, I am only going to reference the first march in this post. The march this year was less clear and consistent in its messaging, so it isn’t as useful a case study.
Women’s March in Washington in January, 2017. Photo credit: Roya Ann Miller
When the Women’s March took place last year, it was discussed all over social media, news sites, and in our communities: the kind of buzz that every social protest hopes to create. People talked about why they were going, how they planned on getting there, and what their experience was like after they came back from either the national or local march. If activism sparks discussion, it is a sign that the activism achieved some level of success. These marches were not just public demonstrations which took place on one day and were over the next. The people participating talked about it openly before, during, and after with anyone that they could reach.
Here are my takeaways after closely studying the success and shortcomings of the pro-choice movement’s participation in the Women’s March: