20-week fetus. Image used with permission from Life Issues Institute.
When we make the Equal Rights Argument, pro-choice people tend to respond with an alternative definition of personhood, usually an attribute that they believe humans must have in order to be considered valuable persons, such as sentience, brain activity, self-awareness, or the ability to feel pain. Typically we respond to these alternative explanations with Timothy Brahm’s Zoo Shooting thought experiment, pointing out that these definitions make at least one of two mistakes: they either allow too many organisms into the equal rights community, like squirrels, or they allow too few humans into the equal rights community, like newborns.
But there’s one pro-choice explanation of personhood that is so arbitrary and ad-hoc that I tend to use a different approach, and that is “viability,” meaning the ability to survive outside of a uterus.
Whenever you hear a pro-choice person make this argument, you should start by clarifying that they actually mean what you think they mean. Pro-choice rhetoric can often be vague, so asking lots of clarification questions is important. As we’ve explained before, most pro-choice people are very concerned about stopping the government from restricting what people can and can’t do with their bodies. Sometimes when pro-choice people talk about how dependent the unborn is on the woman’s body, they’re not actually making a statement about whether or not the unborn has moral status; they’re arguing that a woman should be able to do whatever she wants with anything inside of her body, or at least refuse another person the right to use her body for life support. So start by asking a clarification question, like:
I want to make sure I understand you correctly. Are you arguing that the unborn isn’t a person because it’s dependent on her body, or are you trying to say that it doesn’t matter if the unborn is a person because women shouldn’t be forced to have their bodies used as life support?
If the pro-choice person responds that they were making the bodily rights argument, then I’ll be glad I asked and will then clarify whether they’re making a Sovereign Zone argument or a Right to Refuse argument and go from there. Go to EqualRightsInstitute.com/BodilyRights for links to all of our resources on responding to bodily rights arguments.
It’s less common, but occasionally when a pro-choice person brings up viability, they’re actually intending to make a biological argument that the unborn isn’t an organism. This confusion comes from a misunderstanding of the word “independent” in some definitions of organism.
However, if the pro-choice person clarifies that they were indeed arguing that the unborn isn’t a person because it isn’t viable, I’ll often explain the problem of squirrels and other animals that are viable, and then I’ll explain why viability in particular is the least plausible standard for personhood, despite how often it comes up.
I’ll illustrate my approach with a story of a dialogue I had with a man I’ll call “Luke,” with whom I spoke at Davidson Community College last year. Luke made the viability argument, although he added an unusually ad-hoc twist that I hadn’t heard before, so in this article I’ll explain Luke’s argument, how I responded, and what else I would have said if he didn’t have to abruptly leave for class.