The Suicidal Nature of Abortion

Abortion, as it is practiced today, is a suicide machine.i No apologies to Bruce Springsteen. His politics speak for him.

We are told from the very beginning that humans are part of the animal kingdom, that there’s really no difference at all between humans and chimpanzees or cockroaches, for that matter. We are all a product of evolution, a result of nature constantly weeding out the weak, inefficient, and hapless. Oh, and there is one other matter which distinguishes us—humans know the difference between right and wrong, that is, we understand a moral code, while all the other animals operate from a position of instinct.

What’s really interesting about this is that other animals, operating instinctively, do not deliberately kill their unborn children. Women, on the other hand, who are supposed to have risen to the very top of the pyramid of knowledge and understanding, will and do. Animal mothers will do anything and everything they instinctively know how to do to perpetuate their lineage, yet human mothers will do anything and everything they can, legally or otherwise, to destroy their offspring.

If there is one difference between animals and humans, it is this. Animals struggle to continue their lineage, humans act to destroy theirs.

Evolution, it is said, is a process by which the best of the best pass on their genes and characteristics to ensuing generations, thereby ensuring that the strongest and the most fit of the species survives and prospers. The weaker, less fit ones die out. As a whole, the entire species becomes better and more adapted to its environment. Well, then, consider this.

If the above statement is true, then women who abort their unborn children are not passing on their characteristics to the future generations, instead they’re removing them from the gene pool. This is in contrast to those women who deliver children and raise them up to become productive members of the human race, including the reproduction of children of their own through untold generations.

From an evolutionary viewpoint, over the long run, it is evident that women who abort their children will eventually die out, while those who don’t will continue the species. This leads to the conclusion that women who abort are the weaker members of the species and, since we are only animals anyway, they should and will be weeded out. For the benefit of humanity as a whole, you understand. And you should also understand that this is a tongue-in-cheek comment and is not meant to degrade any woman at all.

Coupled with this is the moral understanding that human beings should not kill each other, that there are negative consequences of these acts, and that humanity suffers when lethal violence is perpetrated against one member of society by another. Any society which practices or condones the widespread killing of its citizens, born or unborn, is participating in the demise of its future, dooming it to extinction.

It appears then, that abortion proponents and women who practice abortions are actually committing suicide, genetically speaking. As time goes on, the proportion of women who choose to give life to their unborn children will grow in relation to those who choose to kill theirs. Eventually, the numbers will become so lopsided that even the politicians will take note of it. Whether the suicidal members of society do or not is a different story. If they are consistent in their evolution and their beliefs, they will remain so to the very end, until they are all gone, when there are no more members of the human race who are willing to destroy their own children for their own selfish ends and survival of the fittest will be proven correct once again.

On this issue, evolution and morals appear to have collaborated. Abortion is not only morally wrong and detrimental to human relations, but also immensely destructive to the survival of the human species. Those who practice it will be eliminated—one way or another. As an evolutionary practice, abortion leads to death (extinction). As a moral practice, abortion leads to death (extinction). Abortion is not only morally wrong and detrimental to human relations, but also immensely destructive to the survival of the human species. Those who practice it will be eliminated—one way or another. As an evolutionary practice, abortion leads to death (extinction). As a moral practice, abortion leads to death (extinction). Abortion, quite simply, is suicidal. It is not beneficial nor wise.

“All those who hate me [wisdom], love death.” (Proverbs 8:36)


i A term used in Bruce Springsteen’s 1975 hit song, “Born to Run”. https://www.youtube.com/watch?v=f3t9SfrfDZM

Absolute Truth, Property Rights, and Abortion: A Collision

I need to give you some background for this article. Don’t worry if it looks like I’m wandering, I’m only setting the stage. I’ll be getting to the point in a minute or two.

I follow a blog—Bionic Mosquito. You can see it here. It’s a mix of hard-core philosophy, libertarianism, Christianity, and the never-ending quest for truth. Sometimes the author, Bionic Mosquito (or BM, as he is known), gets into subject matter which I am not interested in and I skim through it and move on. Other times, he presents a topic to which I go back, over and over, until I have it thoroughly understood. Occasionally I comment.

Recently, a post on ethical absolutism appeared which drew my attention. In this, Bionic Mosquito posted some comments by Murray Rothbard, the demi-god[i] of libertarianism. Rothbard was apparently in disagreement with Ludwig von Mises, who was instrumental in the creation of Austrian economics, about the question of ethics. Is ethics absolute or relative? Is there an objective truth or is all truth subjective?

Rothbard had this to say.

“The absolutist believes that man’s mind, employing reason (which according to some absolutists is divinely inspired, according to others is given by nature), is capable of discovering and knowing truth: including the truth about reality, and the truth about what is best for man and best for himself as an individual.”

I have included here a quote from Bionic Mosquito’s post. He makes an argument that I cannot improve on.

“I could probably stop here; from this statement, two points are clear: first, that there is an objective truth regarding humans and for humans, and second, that it is to be discovered by humans, not created by humans.  But I won’t stop here; his statements grow ever stronger and more relevant.”

Back to Rothbard.

“Philosophically, I believe that libertarianism — and the wider creed of sound individualism of which libertarianism is a part — must rest on absolutism and deny relativism.”

All right, then, so far, so good. Rothbard (and Bionic Mosquito) states that there is an objective truth that man can find if he searches for it. That truth is best for man as an individual and as a society. Furthermore, it does not come from man, but it is available to man. He (Rothbard) then states without any doubt or equivocation that libertarianism “must rest on absolutism and deny relativism.”

OK, let’s get to my argument.

If Rothbard could be so certain that there was absolute truth, an absolute ethic, an absolute moral code that he would bank his life’s work on it, then why in the world would he spend so much time and effort trying to justify abortion as a woman’s right? Why would he pursue the idea of ‘property rights’ so vigorously that he arrived at the conclusion that a woman’s subjective decision could override the objective truth about the unborn child in her womb?

“The proper groundwork for analysis of abortion is in every man’s absolute right of self-ownership. This implies immediately that every woman has the absolute right to her own body, that she has absolute dominion over her body and everything within it. This includes the fetus. Most fetuses are in the mother’s womb because the mother consents to this situation, but the fetus is there by the mother’s freely-granted consent. But should the mother decide that she does not want the fetus there any longer, then the fetus becomes a parasitic “invader” of her person, and the mother has the perfect right to expel this invader from her domain. Abortion should be looked upon, not as “murder” of a living person, but as the expulsion of an unwanted invader from the mother’s body.2 Any laws restricting or pro- hibiting abortion are therefore invasions of the rights of mothers.”[i]

Rothbard says that there is an absolute ethic, an objective moral code which all men and women would be better off following, but spends a large part of his life on the issue of property rights—compelling him to declare that women have absolute ownership of their bodies and the concomitant right to destroy their unborn children.

If there is an absolute, objective moral code which declares that all human beings have value and that to kill one is to commit murder, then it is certain that killing an unborn child is murder, because it is without doubt a human being. If this is true, then Rothbard is wrong. It is my opinion that he became so caught up in the theory of property rights that it simply transcended his viewpoint about absolute ethics. In other words, he lost sight of the forest looking at the trees.

The question to ask then is this. Is there an absolute code which declares that unborn children are human beings, that they have value in the sight of that code, and that it is wrong to treat them as so many are today—torn apart and thrown away? I have no better answer than this quote from the Ultimate Definer of absolute morality, ethics, and truth.

“Before I formed you in the womb I knew you, before you were born I set you apart; …”—Jeremiah 1:5


[i] Within the circles of libertarian thought, Rothbard is viewed with the same type of reverence and awe that Hercules was in ancient Greek Mythology.

[i] Murray Rothbard, The Ethics of Liberty, New York University Press, 1998 [1982], pg. 98. See this review.

Immigrant Children or Aborted Children. Where is the Love?

It’s been all over the news the last few days. You probably know what I’m alluding to, but if you haven’t heard about the young immigrant children held in detention camps in Texas, without access to showers, soap, or toothbrushes and toothpaste, then I’ve linked to some sites to bring you up to date.

See here, here, and here.

Don’t worry. I’m not going political on you. Instead, I want to point out some hypocrisy and double standards between the way people think about this issue and that of abortion. I intend to zero in on two distinctly different camps. I will be fair and even-handed in my criticism.

There are those who express anger and outrage at the way the federal government has treated these immigrant children, bringing up all the arguments as to why the United States should welcome them in, if not with open arms then, at least, a food stamp voucher, a driver’s license, and voter registration, along with any other ‘freebies’ we can give them. After all, they are poor, destitute, and hungry. We should have compassion on them because we have so much to give and, oh, by the way, did you happen to see that picture of the man who drowned while trying to save his little daughter, who also drowned? Just tears my heart to pieces, it does!

These same people, however, will argue long and loudly about the ‘right’ of a woman to abort her unborn child, to literally rip it to shreds and throw it into a wastebasket or use it in some scientific experiment on rodents. They never stop to think about the hypocrisy they espouse—kindness, compassion, and pity for one group of youngsters, but cold-hearted, callous, cruelty towards another which is even more defenseless than the first.

Where is the love?

And, at the polar opposite are those who get all lathered up about ‘abortion on demand’ which destroys untold millions of innocent unborn humans before they get a chance to live, yet express hateful, hard-hearted, attitudes toward the unfortunate, poverty-ridden immigrant children who just happened to show up on our doorstep. Why did they come here anyway and why should we have to pay so that they can have a toothbrush and a hot shower? Don’t we have enough trouble of our own without inviting more from outside? The double-standard here, obviously, is to agitate for a society which forbids the killing of an unborn child, while holding a political position which demands that ‘our’ government turn ‘those others’ away at The Wall, er, I mean, the border.

Where is the love?

Both the immigrant children and the unborn children are equivalent however, they are all human beings who need assistance, sustenance, and security in order to survive and thrive. Both groups need to have love, compassion, and kindness shown to them, along with a safe place to sleep in and adequate nutrition and care. Both groups are completely unable to resist or overcome the ill treatment which they receive at the hands of more powerful people, who are only interested in their own self-interest.

This is a spiritual question, a human question. What are we supposed to do about others who are in a desperate situation, regardless of how they came to be there? It’s not political nor popular and will not receive widespread support, but it is the only answer I have.

“Inasmuch as you have done it unto the least of these, who are my brothers and sisters, you have done it unto me.”—Jesus the Christ (Matthew 25:40)

Anarchy, Liberty, and Abortion: A Rejoinder

I like to read Butler Shaffer[i]. Whenever I see something he has written, I take a look at it. He is intelligent, well-educated, and thinks and writes in a style which most people can understand. His analyses are written calmly, rationally, and include a good measure of common sense. In 2012, he wrote an article which originally appeared on Lew Rockwell. Some of it did not set well with me. This is my response. The relevant parts are copied below with some minor editing.

 “…narrowing the inquiry to the issue of when a given life form becomes a “person,” I regard this as occurring upon conception. It is the point at which one acquires his/her unique DNA that the sense of “thingness” is transformed into a  “personhood” that is relatively free of arbitrary definition…”

I am in complete agreement with this. See my blog post.

“I also believe that it is wrong to kill or use any form of violence against a person, which…makes the killing of an unborn child an act of murder…”

Assuming he means aggressive, initiatory killing or violence against another, I also agree with this. However, he goes on to say that,

“…I am unwilling to sanction the use of violence to either (a) physically prevent, or (b) punish a woman for having an abortion…”

This is where the disconnect begins. It appears to me that there is a contradiction here.

  1. Humanity and person-hood come into being at conception.
  2. It is wrong to kill another person, including those unborn.
  3. We should not use violence or force to:
    a. Prevent a woman from killing her unborn child, or,
    b. Punish her if she does.

[Side note: Although I may not agree with them, I can understand the reasons why we cannot (should not) stop any woman from pursuing an abortion, in the same way that we cannot stop any person from killing another by any other means. If a person is determined to kill someone else, there is literally no way to stop them unless they are completely and forcefully isolated from that person, which action, in itself, then becomes an infringement of civil liberties. A crime is not a crime until it has happened, at which time it is too late to prevent it. It may be foolish or dangerous to aim a rifle at someone 500 yards away, but there is no crime until the trigger is pulled and the bullet is sent on its way. It may be despicable and abominable for a woman to think about killing her child or even to go to the ‘clinic’ with the intention of doing so, but until the abortion happens, she cannot be found guilty of a crime.[ii]

This is a legal matter as opposed to a moral one. Whether we have a moral imperative to pass laws to stop someone from pulling the trigger on any forceful, violent, or deadly act is something else entirely, which is a discussion for another time.]

Assuming we do nothing to stop a pregnant woman from aborting her unborn child (an act of aggression, murder), what then do we do about the act? What do we do about the “doctor” who performed the deed? The clinical staff which facilitated it? The company which owned the clinic? The husband, boyfriend, or parent who encouraged it? The woman, herself? It is 100% certain that an innocent human being has been violently destroyed. What should be the response of society to this act?

As I see it, according to Shaffer’s line of argument, abortion (which results in the death of an unborn human being) is murder, but there should be no sanctions against it. If I am understanding him correctly, society and the law should do nothing. Nothing at all.

This has implications. If we do nothing about an abortion, an act of murder, which kills a human being before she is born, then why should we be concerned about an act of murder which kills her after she is born?

You get my drift. Everything is relative.

 “From a libertarian perspective, the question becomes (as it does in our daily lives): how do we exercise our freedom so as to minimize harm to others?”

This is good, but he didn’t go far enough. The question becomes—how do we exercise our freedom, not only to minimize harm to others, but also to punish the harm done to others? There are at least four possibilities here. There may be more.

  1. Abortions should be illegal, regardless of any woman’s wishes. They are not free to kill their unborn children. Period. It is the Law!
  2. Abortions should be legal. Any woman can have one if she wishes and no one else has anything to say about it. Period. It is the Law!
  3. I don’t approve of abortions, but it’s not my problem. I’m not going to get involved. A poor companion of this is, “I don’t have an opinion, one way or the other.”
  4. No one should be able to forcibly prevent a woman from aborting her unborn child, but she needs to understand that she may be prosecuted for murder if she does and is found out. This is my position.

It may sound strange, but everyone has the innate ‘freedom’ to kill someone else. It is no different than having the ‘freedom’ to drive a car at 50 mph in a school zone which has a posted 15 mph speed limit or to burn down your neighbor’s house because you got into a fight with him earlier in the day. We have the freedom to do all these things, and more, but that doesn’t mean we should or that our actions will go unpunished if we do.[iii] If we are not free to do wrong, then we are not free at all. In this sense, we are simply walking in God’s footsteps after Him. After all, God did not prevent Cain from killing his brother Abel, but called him to account for the deed after it was done.[iv] God simply does not engage in pre-crime.[v]  

“In my view of the world, a pregnant woman will make her own decision as to whether to abort. I may disapprove of the decision she makes, but I will not resort to — nor sanction — force against her to make her conform to my value. I ask only that she be willing to defend my freedom to make choices in the world.”

If you ask him (I did), Butler Shaffer will tell you that he holds his position on this matter because of his strong anarchist philosophy. I can agree with this in most things, but we are dealing here with the violent death of unborn human beings. If there were any single issue which would drive me to prefer minarchy (minimal government) over anarchy (no government), it would be this one. If we cannot defend the lives of unborn babies from the murderous depredations of their own mothers, then we can defend no one.

I want other people to not interfere with my day-to-day life. In return, I try to do the same for them. I’ll leave you alone. You leave me alone. Which is all perfectly acceptable until something bad happens to someone who doesn’t deserve what they got at the hands of someone I left alone.

What are my responsibilities then?


[i] Butler Shaffer is Professor Emeritus at Southwestern University School of Law. I usually find his articles on Lew Rockwell and always find them interesting.

[ii] In a similar vein, according to the teaching of Jesus, “…if you look at a woman with lust, you have already committed adultery with her in your heart.” God doesn’t stop men from looking at women lustfully, but He does hold them accountable if they do.

[iii] The State of Florida, in which I lived for almost ten years, takes a very dim view of motorists driving faster than the posted speed limit in a school zone. You can do it, but you’d better not.

[iv]Genesis 4:1-18. See this version of the story here.

[v] I find it ironic that the State tries to eliminate death and injury in certain cases, i.e., mandatory vaccinations and required seat belt use while driving, but it abets and facilitates them in others, i.e., wars and abortions. Do as I say, not as I do. Talk about contradictions. God, at least, is consistent.

Drowning Swimmers or Deliberate Murder

In their article, “Compromising the Uncompromisable: A Private Property Rights Approach to Resolving the Abortion Controversy”[i],  Walter Block[ii] and Roy Whitehead[iii] make the following argument.


“However, just because aborting the fetus is abominable, it does not follow that it should be prohibited by law. Under a just e.g., libertarian law code,
136 there are numerous despicable acts, which are not legally pro­scribed, since they do not constitute “invasions” or “border crossings.” Abortion falls into this category. It is a failure to come to the aid of or an unwillingness to become a “good Samaritan.” The woman who refuses to carry her fetus to term is in exactly the same position as a person who refuses to rescue a drowning swimmer. Abortion is not, in and of itself, an act invasive of other people or their property rights, even when fetuses are considered persons.”

My paraphrased version of this: Just because abortion is abominable, we should not prohibit it. After all, there are other despicable [abominable] acts which would not be proscribed under libertarian law.

I agree completely with this statement, as it is written. We should not prohibit abortion because it is abominable. Instead, we should prohibit it because it is the deliberate killing of an unborn human being, who has done nothing wrong, nothing deserving the punishment of execution. It is the murder of an unborn, personal, human being; therefore, it should be prohibited. It is a sad commentary on our modern way of life that it is not.

The numerous despicable acts (unnamed in the quote) are not legally proscribed because they do not constitute “invasions” or “border crossings.” Ah, yes, trespass again. In all the imagined acts, however, there is a common thread–all the parties involved MUST be willing participants. If there is even one unwilling participant in any one of these “despicable” acts, then someone’s borders have been crossed. Ask an unborn fetus if she is willing to have her space (the placental sac) invaded. I daresay that, from her point of view, abortion does not, absolutely does not fall into the “despicable action” category which will be allowed under Block and Whitehead’s “just” libertarian code of law.

The woman who refuses to carry her baby to term is NOT the same as someone who refuses to rescue a drowning swimmer. Refusal to act in order to save a person’s life is not equivalent to deliberate action in order to take a person’s life. Not at all, not even close. There may not be any criminal intent in refusing to save a drowning swimmer, e.g., overloaded lifeboats at the sinking of the Titanic, where taking on one more drowning swimmer would have sunk the lifeboat, killing them all. An action such as this could be considered self-defense. Emotionally excruciating, perhaps, but not criminal. Aborting a fetus, though, is not just morally repugnant, but a deliberate act of homicide.

A more appropriate analogy would have been to compare the woman who aborts her unborn fetus with someone who holds a swimmer’s head under water, refusing to allow him to breathe, thus drowning him. Comparing the fetus with a drowning swimmer is ludicrous. A drowning swimmer is in mortal danger, while there is nothing more alive than a healthy and growing fetus. Really now, if you wanted to see it like this, the fetus is swimming laps (no pun intended), preparing herself to become an Olympic champion and is in no danger at all except from the person who “owns the pool.”

Abortion IS, in and of itself, invasive of other people and their property rights, especially and particularly unborn children who are (or ought to be) considered persons with their own set of rights. It is plain to be seen that, in order to maintain the cohesiveness and integrity of the theory of property rights, “rights” MUST be more important than what IS right.


[i] Block, Walter E. and Roy Whitehead. 2005. “Compromising the Uncompromisable: A Private Property Rights Approach to Resolving the Abortion Controversy,” Appalachian Law Review, 4 (2) 1-45

[ii] Walter Block, an Austrian school economist and anarcho-libertarian philosopher, is Harold E. Wirth Eminent Scholar Chair in Economics and Professor of Economics at Loyola University New Orleans and Senior Fellow with the Ludwig von Mises Institute.

[iii] Roy Whitehead, JD, LLM, Associate Professor of Business Law, University of Central Arkansas.

Tidal Waves, Social Waves, and Changing Attitudes–The End of Roe v. Wade

It would have been logical to think that after the Supreme Court decision Roe v. Wade on January 22, 1973, the debate over abortion would slowly and gradually disappear as more and more people became reconciled with the idea and the practice. Such has not been the case. Instead of fading out, it seems this issue has become more contentious, especially in recent months as state after state enacts laws either tightening the restrictions or codifying “women’s rights” and access to abortions into law. See these articles.

https://www.zerohedge.com/news/2019-06-01/illinois-set-pass-sweeping-abortion-rights-bill

https://www.zerohedge.com/news/2019-04-11/texas-abortion-bill-could-put-women-physicians-death-row

https://www.cnn.com/2019/01/23/health/new-york-abortion-measures-trnd/index.html

https://www.vox.com/2019/2/1/18205428/virginia-abortion-bill-kathy-tran-ralph-northam

https://www.zerohedge.com/news/2019-05-17/missouri-house-passes-strict-anti-abortion-bill

https://www.foxnews.com/politics/alabama-governor-restrictive-abortion-bill-law

Why is there so much turmoil in this issue after so many years? What has happened? I cannot say for certain, but my gut feeling is that it is due to the election of Donald Trump and the subsequent placement of Brett Kavanaugh on the Supreme Court bench. If Hillary Clinton had won, I am quite certain that much of this would not be happening. I am also sure that if Trump can nominate and seat another ‘conservative’ judge on the Court, the chances that Roe v. Wade will be revisited go up considerably. I think that the anti-abortion faction smells blood in the water and is pushing the issue, while the pro-abortion lobby smells of fear and is desperately trying to consolidate their position while they can.

Of course, this is only my opinion and, just to avoid any confusion, I want to say that I am not an adherent nor a supporter of either conservative nor liberal politics. I do know the difference between right and wrong, however, and that makes me glad that we are finally seeing some serious movement on this issue. I look forward to the day when abortions are only performed as a last resort because there are no other options, not as a matter of ‘choice’ or convenience as they are today. 

Nothing lasts forever, not even ‘settled law’. Sooner or later, the decision-making on abortion will be taken away from the federal government and returned to the states, where it rightly belongs, according to the US Constitution. When, not if, this happens, most of the various states will regulate abortion tightly or prohibit it entirely, while a handful will allow it virtually unrestricted.

Ocean tides flow and they ebb. So do social and cultural tides. Abortion is one such which has flowed in one direction for decades. Is it close to reaching its limits? Is social acceptance changing? I’m beginning to think so.

Correcting the Terminology of Abortion: Parasites and Trespassers Defined, Part 2

[Editor’s Note: This is the second part of an article which was originally published in one piece. None of the content has been changed, except to facilitate the split. See here to view Part 1.

Section II: Trespassing

A Legal View of Trespass[i]

Murray Rothbard[ii], a major contributor to modern libertarian thought, stresses the “legality” of abortion in the quote shown below. He appeals to law to validate his claim that a woman has an absolute right to have an abortion.

“What we are trying to establish here is not the morality of abortion (which may or may not be moral on other grounds), but its legality, i.e., the absolute right of the mother to have an abortion”[iii]

Well, all right, then. Let’s look at this from a legal perspective. As you will see below, I argue that a fetus is not a trespasser based on the legal aspect of what it means to be a trespasser. I state firmly and unequivocally that a fetus CANNOT be a trespasser because there is no legal justification for the attribute. Trespassing is a criminal act, punishable by law! A fetus cannot be tried and convicted, by law, for the crime of trespass, therefore, a fetus is not a trespasser.

I will go further. Saddling a fetus with the pejorative label of “trespasser” or “parasite” is nothing more than an attempt to justify the pro-abortion position. It is in the same class as calling the fetus “a clump of cells”, “fetal tissue”, “product of conception”, “blob of protoplasm”, or “uterine content” and seeks to obfuscate the real meaning of what an abortion is–the deliberate killing of an innocent, unborn human being.

Dictionary definitions of ‘trespasser’ can be seen here.[iv]

“One who has committed trespass; one who unlawfully enters or intrudes upon another’s land, or unlawfully and forcibly takes another’s personal property.”

and here[v].

“In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional.”

In these descriptions, the emphasis is on unlawful entry, forceful taking, and intentional action. This is about as far from a newly conceived zygote or a four-month old fetus as anything could get.

Let’s break this down. Trespassing is a criminal act, prohibited by law and punishable under law. It is embedded into the legal code. Trespassing may be done willfully, ignorantly, or mistakenly, but it always involves the crossing of a previously established boundary. The trespasser always intrudes on someone else’s space (property) from some other location or position. If there is no transgression of boundaries, there is no trespass.

To intrude on someone’s property by mistake or out of ignorance should not be (and usually is not) considered criminal unless damage is done to the property. More likely than not, trespassers who are confronted will remove themselves promptly, with the knowledge that behavior of that sort will not be tolerated. Trespassers who offer a sincere apology will probably be allowed to vacate the property without any further trouble and that will be the end of it. “A soft answer turns away wrath, but grievous words stir up anger.” (Proverbs 15:1) An honest, contrite confession of a mistake or lack of knowledge will go a long way in defusing a potentially violent situation.

An example of this might be that a young woman from the city visits her uncle, who lives in a heavily forested part of the country. While there, she decides to venture out and explore the wilderness. Since there are no fences or signs, she has no idea that she has left her uncle’s property and is now walking through his neighbor’s forest. The neighbor sees her, confronts her, and warns her that she is trespassing and must remove herself from the property. In response to this, she confesses her mistake, asks for direction back to her uncle’s place, and leaves without further ado.

Under this scenario, the neighbor whose property boundary was violated would likely do nothing more, unless he called the uncle and asked him to inform the niece of the property lines. Legally, he probably would not be able to make a case for the arrest and trial of a young woman who had simply made a mistake.

Intentional trespass, on the other hand, requires deliberate action and knowledge. It is done with the understanding that a boundary has been placed around the property by the rightful owner. The trespasser would have to consciously violate that boundary without regard for the will of the owner. Such a violation could and might result in a penalty being assessed against the trespasser, if the property owner was inclined to push the issue.

Suppose that this same young woman, while walking through the forest, came to a place where there was a four strand, barbed wire fence, arrow-straight and fiddle-string tight. In addition, there was a “No Trespassing” sign fastened to a fence post at fifty-foot intervals. There could be no mistaking of the intent. This would be a clear indication that she was not allowed to go any further, under penalty of law. The choice then would be hers–to obey the injunction and turn back or to willfully climb over the fence in a deliberate act of trespass, which would be considered criminal if discovered and prosecuted.

Criminal trespass cannot happen in the case of pregnancy, because the (supposed, alleged) violator, the fetus, was conceived and has always existed in the womb[vi]. It originated from within the womb. It has never been anywhere else. It has never crossed any boundary. How can something, anything, be charged with trespassing if it began inside the boundaries and never crossed them? The fetus may be unwanted, but it is not a trespasser. Call it a noxious weed if you wish, but don’t call it a trespasser. Assert your right to remove weeds from your “lawn”, but don’t base your claim on trespass law.

Criminal prosecution usually takes the form of arrest, charge, hearing/trial, verdict, and penalty/release, or some variation of this process. Every person who is arrested for a crime should be advised of the charge(s) against him. Not only that, but he should be expected to understand why he has been charged and what the penalty might be if he is found guilty. Moreover, he should have a right to counsel and the opportunity to defend himself. In addition, he should be able to appeal his case to a higher authority. Or at least this is the way it’s supposed to work.

Trespass is a legal concept. It must be handled in a legal manner. In order to prove a case of trespass, these steps (at a minimum) must be followed:

1. Charge or accusation

2. Hearing or trial

3. Evidence presented

4. Verdict pronounced

5. Penalty imposed or case dismissed.

In a case of (supposed) fetal trespass against a woman, this will not be the course of action. Consider:

1. No charges or accusations have ever been (nor will ever be) brought against the “offender”.[vii] If they were, it would not be able to hear nor understand them.

2. There is no trial or hearing in which the fetus is given the opportunity to defend itself nor is anyone else appointed to act on its behalf. In fact, if someone else did make an attempt to speak for it, he could be charged[viii] with a crime himself.

3. The only evidence presented at all is that the woman is known to be pregnant. There is no evidence presented to prove that the fetus committed any “crime” of trespass.

4. The verdict is not based on objective proof beyond a shadow of doubt, but solely on the subjective decision of the woman and anyone around her who might benefit from the abortion, either financially or emotionally.

5. The penalty is carried out–execution–without any possibility of appeal.

This sort of proceeding reminds me of the poem, A Mouse’s Tale[ix] in Lewis Carroll’s tale, Alice in Wonderland[x].

“…I’ll be judge, I’ll be jury, said cunning old Fury. I’ll try the whole cause and condemn you to death.”

Fetal trespass is a misnomer. There is no law directly forbidding a fetus to reside in a womb or compelling it to vacate the premises. There is no law which orders a fetus to act in a certain manner regarding the violation of property boundaries. None. Nada. Nyet. Nein. There never will be. It would be the absolute height of foolishness to forbid a fetus from trespassing, at least as much as it would be to forbid a dog from pooping on a neighbor’s front lawn.

Identifying a fetus as a trespasser is dissembling. It is incorrect terminology. In today’s social and political environment, it would be equivalent to “fake news.” Calling something what it is not in order to justify a viewpoint is not only false and misleading, it is morally reprehensible. It is irresponsible at best, deadly at worst.

The counter-argument might be presented that, since the fetus is not a person[xi], legally correct criminal proceedings really don’t apply. Even in cases of non-persons becoming trespassers, however, the law still operates in the same way. Trespassing is a criminal act and must be treated that way.

Domestic animals, dogs, for instance, can and do leave their owner’s property and trespass on someone else’s. Sometimes they poop on front lawns, which is a nuisance. Sometimes they are more aggressive, e.g., killing a neighbor’s sheep. A tree can (and sometimes does) fall across a property boundary and cause damage, for example, if it crashes through a neighbor’s garage roof.

In the case of the tree falling, someone would cut it up, clean it up, and remove it from the site. If you wanted to imagine it this way, the tree would be “punished” for its trespass.

In the case of the sheep-killing dog, the dog might be shot by the shepherd, thus “paying” for its crime. It might be imprisoned (kenneled, chained) by its owner to keep it from running wild and causing more damage. Pre-crime[xii], so to speak.

However, no matter how much cases like these can be twisted and contorted, the owner of the dog or the tree is, legally speaking, ultimately the one who is “charged” with trespass and is forced (restitution, insurance, etc.) to make things right. Dogs and trees, while able to “trespass” and cause damage, are not held legally liable. Their owners are.

Dogs and trees can trespass on a person’s property, but they do not understand that they do so. To them, it is a completely natural act. They know nothing else. It is futile to legally charge them with trespass, so we take the more rational step of charging their owner, requiring that he make the situation right and compensating the victim for damages caused.

Some might claim that I have blown my case. If dogs and trees can trespass unknowingly, then so too can a fetus. This assertion collapses, however, under the same point that I made earlier–trespass cannot occur without the violation of a boundary. While dogs and trees can and do violate property boundaries, the fetus never has. Dogs and trees came across the line from some other place. The fetus arrived from nowhere and, from the very beginning, has always existed on the property.

The whole process from sexual intercourse to the realization that a woman is pregnant can be roughly compared to the appearance of alien spaceships from (seemingly) nowhere into Earth’s space without warning.

  1. We broadcast and blast radio waves into the universe non-stop, sometimes with the express purpose of catching the attention of other-worldly entities—sexual intercourse.
  2. We know that “intercourse” of this nature might result in the appearance of a spaceship into Earth’s space and time–possibility of conception and pregnancy.
  3. We understand that this appearance might have repercussions and possibly even prove fatal—pregnancy which adversely affects the health and well-being of the woman.
  4. We also understand that the appearance might produce future benefits which we can only imagine at the time—interaction with the new-born baby.
  5. In the event that an alien spaceship does appear, we have to make a decision either to live with it, cooperate with it, and benefit from its presence, or to use violence to blast it out of the sky and justify that violence in an attempt to maintain the life we prefer and have become accustomed to, regardless of the death and damage that might ensue–to abort or not to abort.

The one discrepancy in this comparison is that alien spaceships, regardless of where they originate, come from another place within the universe, or for those who are really into it, from some other parallel universe. Consequently, they can, according to our code of justice, legally be charged with criminal trespass, found guilty, and “punished”. After all, it is our space! How well that might work out remains to be seen.

Unborn fetuses (and this is the pivot of my argument) do not and never have come from another location. They appear out of nowhere. They do not exist before they arrive. They spring from nothing. They are “created” within the womb by the simple joining of an egg cell and a sperm cell. Before this union, there is nothing but two individual cells. After that, there is a new human being, who has committed no crime and is completely innocent of any charge or accusation against it.

Conclusion

If the unborn fetus is not a parasite nor a trespasser, then what is it? There is only one answer left–a unique, personal, human being which has been placed, through no action, will, or desire of its own, in a vulnerable, dangerous position. It deserves all the protection that we can give it, if we are so inclined. Unfortunately, quite often, we are so NOT inclined, consequently, it ends up dead.

Greg Koukl has written what I consider to be the perfect sentiment to end this article. I couldn’t have said it any better.

“A child is not an invader, though, a parasite living off his mother. A mother’s womb is the baby’s natural environment…One trespasses when he’s not in his rightful place, but a baby developing in the womb belongs there.” [xiii]


[i] I am not a legal scholar, judge, nor lawyer. I could be entirely wrong about this whole train of thought, however, I am willing to stick my neck out and stand according to what I do know and believe to be true. In this sense, I am relying on common sense and moral justice as my guides.

[ii] https://mises.org/profile/murray-n-rothbard

[iii] Murray N. Rothbard, The Ethics of Liberty (New York: New York University Press, ©1998), 98.

[iv] https://thelawdictionary.org/trespasser/

[v] https://en.wikipedia.org/wiki/Trespasser

[vi] I use the term “womb” to include the entire reproductive system of the female body.

[vii] Martin Armstrong writes this which closely parallels what I have outlined above. “In law school, they teach you that the Due Process of Law comes from the Bible. God already knew what happened between Cain and Able. He still granted him the Due Process of Law to (1) summon him providing notice and (2) the right to be heard. We no longer allow Due Process of Law. We presume guilt and condemn people without trial.”

[viii] https://www.lifenews.com/2017/05/15/pro-lifers-arrested-for-blocking-entrance-to-the-last-abortion-clinic-in-kentucky/

[ix] I hadn’t read this poem in close to fifty years until I started researching this article, but I still remembered most of it. “Fury said to a mouse that he met in the house…” I wish I could have met Lewis Carroll.

https://en.wikipedia.org/wiki/Mouse_(Alice%27s_Adventures_in_Wonderland)

[x] https://en.wikipedia.org/wiki/Alice’s_Adventures_in_Wonderland#Publication_history

[xi] For my view on this, see here and here.

[xii] https://en.wikipedia.org/wiki/Pre-crime

[xiii] https://www.str.org/articles/unstringing-the-violinist#.XEp7os1lBPZ