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DAILY SHVITZ
If Abortions Were Illegal, What Would the Penalty Be?
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Amazing story from Anna Quindlen in Newsweek about the question anti-abortion activists never actually answer: If abortions were made illegal, how would you punish women who have them anyway? A group called the AtCenter Network made a video surveying protestors at an anti-abortion rally in Libertyville, IL and found that none of them had given any thought to the matter.

Says Quindlen:

Lawmakers in a number of states have already passed or are considering statutes designed to outlaw abortion if Roe is overturned. But almost none hold the woman, the person who set the so-called crime in motion, accountable. Is the message that women are not to be held responsible for their actions? Or is it merely that those writing the laws understand that if women were going to jail, the vast majority of Americans would violently object? Watch the demonstrators in Libertyville try to worm their way out of the hypocrisy: It's murder, but she'll get her punishment from God. It's murder, but it depends on her state of mind. It's murder, but the penalty should be ... counseling?

For some reason the AtCenter Network people have disabled embedding, so you'll have to go to YouTube to watch the video, but it's SO worth it. When you're done, come back over to Jewcy's loving embrace and let us know your thoughts. Mine: Uh, isn't this why we have a separation between church and state?



Izzy Grinspan is Jewcy's ex-managing editor. Her work has been published in Salon, The Believer, and The Village Voice.


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Anonymous


Doctors

I think if you asked them what the penalty should be for doctors who perform abortions you would get much more definitive responses with severe punitive recommendations. I doubt if they would extend that same Christian humility. One of the underlying rationales for banning abortion is that the women don't know what harm they do to themselves. But doctors, they will argue, should know better. It's patronizing.





François Blumen...


Obviously...

...it should be capital punishment! ;-) (<-- since it seems people don't get it when I'm being ironical, this is a mark for it.)
I'd be interested to know, however, whether the same people who are opposed to abortion are in favour of capital punishment...





Dan Freeman


"Liberal" New York

Just an example to toss out there - in "liberal" New York state, if a doctor performs an abortion on a woman in the third trimester and the abortion is not necessary to attempt to save the woman's life, it's a class D felony (Abortion in the First Degree).  Up to seven years in jail.  It's a crime if the woman performs a "self-abortion" on herself in similar circumstances, but only a misdemeanor.  Says interesting things about where they want to place blame.

And if the woman dies in such a case (regardless of malpractice or not), the doctor is guilty of first degree manslaughter.  That's the same crime if you catch your spouse in bed with someone else, freak out, and shoot him or her.  Decade plus in jail. 





Avi Kramer


If the Anti-Choice movement

wants to make abortions illegal, and the problem is to figure out the most applicable punishment for women who abort their pregnancy, Jill Filipovic asks:

If the anti-choice's argument is that a fetus is a person with full DNA etc., then abortion is technically murder, and isn't the punishment for murder often life in prison, sometimes even execution? Should we execute women who have abortions?

Dan Freeman commented above on the possible persecution of doctors who perform abortions. Filipovic addresses this issue:

Some anti-choicers argue that doctors should be punished, not women. So I'll ask this:

How much time should doctors do?

Do you support executing doctors who perform abortions?

Do you support jailing them for life? For a few decades?

Where does it end? 

If a fertilized egg is a full-fledged person under the law, what other legal activities -- other than abortion -- would have to go? We know that most "pro-life" groups already oppose fertility treatments and the use of contraception. Would we make those things illegal? What would the punishment be?
 





ana


the fair punishment should be..

 im a hard core pro-life myself and i have to tell you that yes abortion is murder so i think the women should be held responsable for it... they are the ones asking to perform abortions on themselves right? and the doctors should be punished as well because they are actually performing the murder but with a lesser charge.. because it wasnt the doctor's idea... is like a hiring a hitman... so i would say for the woman who perform abortion the punishment should be like for murder life in prision or death penalty and for the doctors a couple years in prision for helping them in such a henious crime!! is just fair





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