Notes on the Discussion
Rodereve said:
Sorry I haven't followed this thread
To bring you up to date, the original topic post,
now at #2, concedes Life at Conception Personhood (LACP) in order to examine its implications.
Those implications are functionally problematic in the context of the United States Constitution; the question becomes what happens to women when we concede LACP and establish it by force of law. While some have attempted to wrap their heads around the problem, our neighbor LG is among those who, apparently, would prefer not to. His entire effort to argue personhood has the appearance of trying to avoid considering the legal status of a pregnant woman under LACP.
In the question of Thalidomide, I would also note that the births and birth defects in question took place between
1957 and 1962. Additionally, a 1995 article published by the American Life League asserts:
While the leaders of the American legal community were promoting radical changes in state abortion law, a 1962 case in Arizona generated sympathetic press coverage of the notion of "justifiable abortion."
Mrs Sherri Finkbine, a married mother, made public her intention to abort her fifth child. She had taken some tranquilizers/sleeping pills her husband had brought home from a trip to England. The pills turned out to be Thalidomide, a drug that had become associated with birth defects. Fearful of giving birth to a handicapped child, Mrs Finkbine traveled from Phoenix to Sweden, where she had her baby aborted.
(Young)
I note this because the question of compensation regarding Thalidomide is complicated by the fact that legal abortion was not available in 1962. The Guttmacher Institute reported, in 2003:
A study of low-income women in New York City in the 1960s found that almost one in 10 (8%) had ever attempted to terminate a pregnancy by illegal abortion; almost four in 10 (38%) said that a friend, relative or acquaintance had attempted to obtain an abortion. Of the low-income women in that study who said they had had an abortion, eight in 10 (77%) said that they had attempted a self-induced procedure, with only 2% saying that a physician had been involved in any way.
These women paid a steep price for illegal procedures. In 1962 alone, nearly 1,600 women were admitted to Harlem Hospital Center in New York City for incomplete abortions, which was one abortion-related hospital admission for every 42 deliveries at that hospital that year. In 1968, the University of Southern California Los Angeles County Medical Center, another large public facility serving primarily indigent patients, admitted 701 women with septic abortions, one admission for every 14 deliveries ....
.... In the late 1960s, an alternative to obtaining committee approval emerged for women seeking a legal abortion, but once again, only for those with considerable financial resources. In 1967, England liberalized its abortion law to permit any woman to have an abortion with the written consent of two physicians. More than 600 American women made the trip to the United Kingdom during the last three months of 1969 alone; by 1970, package deals (including round-trip airfare, passports, vaccination, transportation to and from the airport and lodging and meals for four days, in addition to the procedure itself) were advertised in the popular media.
(Benson Gold)
The coupling of Thalidomide and a pregnant woman who smokes is a bit disingenuous. The Thalidomide drama is still playing on the world stage; the Thalidomide Trust received additional funding from Diageo° in 2005 and the British government in 2009. In Australia, Diageo and Distillers, the drug's distributors in Australia and New Zealand, settled out of court with a single claimant, and it is expected that at least one hundred other Thalidomide survivors will have their claims heard in the coming year. While Harold Stock, CEO of Grünenthal, which developed and manufactured the drug, has offered a public apology, that apology was poorly received by Thalidomide survivors, and the company has yet to settle with claimants.
Meanwhile, in the United States, at least, prosecutors in some states are charging mentally ill women with crimes for self-destructive behavior while pregnant, as well as those who suffer accidents while pregnant. Additionally, a doctor in Florida successfully won the power to forcibly imprison a pregnant woman in a hospital; while that decision was eventually overturned by a higher court, it was a pyrrhic victory, as the pregnancy miscarried three days into the forced confinement.
While there is some logic to the question of why one would engage in destructive behavior while intending to carry a pregnancy to term, a pregnant woman who took Thalidomide, which was recommended for morning sickness, fifty years ago is a considerably different case from one in which a pregnant woman smokes during pregnancy, attempts suicide while pregnant, or accidentally falls down stairs while carrying a pregnancy.
While our neighbor
asserts, "The issue involves the rights of two living entities - not one," the pregnant woman is notably absent from his consideration.
And his question about due compensation only becomes more complicated under LACP.
_____________________
Notes:
° Diageo — Most famously known as the distributor of Guinness. Its connection to the Thalidomide scandal comes through Guinness, which acquired Distillers Company Ltd. in 1986. Distillers Biochemicals, a wing of DCL, arose in 1942, as an operation to produce penicillin during World War II. Diageo formed from a merger between Guinness PLC and Grand Metropolitan PLC, a property management conglomerate, in 1997.
Works Cited:
Wikipedia. "Thalidomide". January 18, 2013. En.Wikipedia.org. January 24, 2013. http://en.wikipedia.org/wiki/Thalidomide
Young, Brian. "Life Before Roe: A Brief Survey of US Abortion Law Before the 1973 Decision". 1995. EWTN.com. January 24, 2013. http://www.ewtn.com/library/PROLIFE/LIFBFROE.TXT
Benson Gold, Rachel. "Lessons from Before Roe: Will Past be Prologue?" The Guttmacher Report on Public Policy, v. 6, n. 1. March, 2003. Guttmacher.org. January 24, 2013. http://www.guttmacher.org/pubs/tgr/06/1/gr060108.html