Category Archives: Uncategorized

The Political/Scientific Divide of Abortion

There are two aspects of the abortion debate we need to be concerned about in determining the definition of an unborn child: biological and political. Humanity and person-hood are two different things and we must be careful not to confuse them.

On the biological side, there should be no argument about the humanity of the child, no matter its age. See here. Embryonic biology confirms 100% that a new, unique, human, individual comes into being at the fusion of the sperm and egg cells. This is objective, fixed, and permanent. It is based on science–cold, hard facts.

On the political side, there is the question about person-hood, which is an arbitrary, subjective decision. It is fluid and can mean different things at different times, depending on the fickle whims of the populace or its rulers. This is what we are dealing with in our current debate on abortion, not the humanity of the unborn fetus. See here with my reply to Walter Block concerning a snippet he wrote about the meaning of the libertarian philosophy.

Michael Rozeff has written about creating a new definition—nascent human—attempting to define the time when an unborn child becomes human and therefore legally protected from abortion. See here, here, and most recently, here. During a brief e-mail conversation between Rozeff and myself, he asked the question, “Is the category of nascent-human plausible or specious?”

Merriam-Webster defines nascent as ‘coming or having recently come into existence’, which can easily describe a zygote or embryo, but the fact remains that while the term ‘nascent’ might apply at the very beginning, it must be discarded at some point. When and at what stage of development does that occur? Can that even be determined? When does a nascent human become a full-blown human? Who is going to make the decision?  This plays into the political argument, but not the biological one and is no different than trying to determine at what stage an unborn fetus becomes a person. Brain waves? Heartbeat? Viability at 24 weeks? Or maybe 26? As such, it will constantly change and reflect the mindset of societies in the future as the thinking about abortion changes. This is not solid ground on which to base an argument and Rozeff is in danger of losing his footing.

The social trend toward moral subjectivity and away from moral objectivity has not done us any favors. We need to change that as concerns the humanity of the unborn child. It is a human being, no matter what anyone thinks, and, as such, merits protection against the aggression of abortion, which results in the death of an innocent human being, which is murder according to Rozeff’s definition. The descriptive terms—nascent, potential, developing, etc.—are irrelevant. This is not to say they are not accurate, but as far as concerns the humanity of the unborn child, they are irrelevant.

The abortion war can be settled once we decide to stop defining the unborn embryo or fetus in political (subjective) terms and start defining it according to biology (objective). Born or unborn, a human being is a human being. End of argument. So long as we focus on whether it is a person or not, we will have abortions and the legal murders of countless human beings. The attitude of the general public is what will change the dynamic of abortion, not because laws are passed, but because already born individual, human beings decide to do what is right and refuse to be a part of that murderous lifestyle any longer.

Is this wishful thinking or a pipe dream? I think not. Tides advance and they retreat. So do societal and moral values. I am under no illusions about the length of time it may take, but I am certain that abortions will one day, someday, again be verboten, because, as a society, we understand what is right and are willing to act on that understanding.

Unplanned–In a Theater near You. Go see it!

Last Sunday afternoon, my wife and I went to a local theater and watched the movie, Unplanned, along with about forty other people. It was powerful. It has reinforced my determination to work for the day when the last legal abortion is performed in this country, at which point I will shift gears, change direction, and start focusing on the last illegal one. Since I only have twenty or so more years, I might see the first, but I’m not so deluded as to think I will see the second.

Aside from the pro-life message and the not-so-subtle Christian viewpoint, there was one thing which impressed me about this movie–the quality of its manufacture. Typically, Christian based movies trend toward B-grade or worse quality, but in my opinion, this one looked as if it was made by a top-flight studio with people who knew how to make a movie and had the money to produce it. They deserve to be congratulated and honored. Of course, I’m not a film critic, so my opinion won’t count for much, but I do know a good piece of work when I see it. Watch the trailer.

If you hold to a pro-life stance, you should see Unplanned. It will enhance your convictions. If you’re not sure where you stand on the issue of abortion, you should see this movie. It will probably answer questions you may have. If you are in favor of abortion, for any reason, you should see this movie. It will shine a light on the dark shadows that Planned Parenthood and other abortion providers would prefer to keep undercover and unseen. It may change the way you think.

The abortion industry, in general, and Planned Parenthood, in particular, have nothing with which to counter this movie. They will not produce one of their own. They can’t. If they tried, it would fail miserably and turn even more people against them. The only thing they can do is to put a brave face on it, knowing that the message about their heinous practice is getting out into the public consciousness.

Their days are numbered. It’s only a matter of time.

The Scourge of Fentanyl—and Abortion.

Imagine if the quote below was applied to the abortion industry. Substitute a few words and it could easily fit…and what a ruckus it would cause!

“…PRC officials claim it’s the Americans who deserve blame for the country’s drug problem – and need to stop taking drugs in the first place.  Pimps and drug pushers have been using this excuse for years – ‘just giving customers what they want.’ 

Admittedly, human nature is what it is.  But that’s why civilized societies punish the providers of dangerous substances and services — and don’t just sanction users for their irresponsible behavior.”

This quote appeared on Zero Hedge recently in an article by Grant Newsham which basically stated that the government of China could stop the massive inflow of fentanyl overnight—if it wanted to. All the communist leadership would have to do is lean on the factories producing the drug and, presto! The problem would instantly be solved.

The opioid crisis this country is experiencing right now is real. There’s no doubt about it. Tens of thousands of people die every year from overdoses and many more are sickened or incapacitated. It’s a sad situation, for sure, and there are no easy answers to it.

There is no doubt that Planned Parenthood and other groups and individuals have been pushing abortion (providing a dangerous service) for a long time under the rationale that “legalized abortion is just giving women what they want.” Realistically, it can be argued that every year abortion kills at least ten or twelve times as many people as fentanyl ever has. Human nature may be what it is, but there is no denying that since Roe v. Wade, January 22, 1973, an immense number of innocent human lives, perhaps as many as 60 million, have been deliberately snuffed out.

Maybe we should just blame the women, who need to stop becoming pregnant in the first place!

There is a huge difference between fentanyl and abortion which needs to be considered. The people who use drugs have made a conscious choice to inject themselves with a potentially toxic substance. They know the risk. They know that they might end up dead. No one forces them. No one kills them. They are responsible. If you wanted to, you could say that those who die from drug overdosing have it coming to them. You could–if you were heartless.

The same cannot be said about abortion, in which the unborn children have no “choice” in the matter. They do not know the risk of living in the uterus of a woman who decides she doesn’t want to be a mother. They do not know they will end up dead. They are completely innocent of any part of this matter. They are not responsible for what happens to them.

Regardless of the difference, the fact remains that people of all ages are dying without regard to their lives or well-being. The question is what to do about it. How do we stop these scourges on humanity? The most immediate response from the average person would likely mimic Grant Newsham’s observation—punish those evildoers! At least it would in the case of the Chinese supplying the fentanyl trade. As concerns abortion, the answer might be a brusque “Mind your own business!”

Whether you’re in favor of government-led drug wars or are opposed to them is up to you. Whether you’re adamantly pro-abortion or staunchly pro-life is also your decision. There is one thing which is certain in both cases, however. No matter how many laws there are prohibiting these actions and behaviors nor how vigorously they are prosecuted and punished, there will always be a market for them and people who are ready, willing, and able to fill that demand. Laws alone will not stop the trade in fentanyl nor will they end the killing of unborn babies.

Don’t get me wrong. I think there is a pressing need to have laws enacted and enforced which will severely sanction abortion on demand. In an earlier blog post, I made this statement.

“I do agree with Rozeff that the government should not support or subsidize abortion, but I am emphatically opposed to the idea that it should not be outlawed. The common view of government is that it exists to protect those within its domain against outside aggression and to offer justice and redress in case such aggression occurs. Until and unless the day comes when every individual is a government in and of themselves (in other words, not until the end of time), certain people are going to be dominant and make the rules, while other people submit and do as they are told. No question! Because of this, I have no problem at all with government ordering a pregnant woman not to abort her unborn fetus, under pain of punishment.”

More than this, however, is the growing realization in my own soul that individual people, like myself, need to do what the government cannot—love these people (drug addicts and pregnant women), help them when they need it, support them emotionally, treat them kindly, and take on the role of Good Samaritan when necessary—all without any expectation of reimbursement or recognition, but simply because of the love in our hearts for our fellow man and woman. Simply because we know what it means to follow the Golden Rule. “Do for others what you would like to have someone else do for you.”

God knows I’d want someone to help me if I found myself in a precarious, dangerous, desperate situation.

Bridging the Gap on Abortion

The Bitterroot Star, a local newspaper based in Stevensville, MT, published a Letter to the Editor by Dee Gibney about “late-term abortions” on Feb. 27 and a rejoinder by Mel Holloway on March 20. These views add fuel to the abortion issue still raging in the US, more than forty-six years after the Roe v. Wade Supreme Court ruling which made abortion legal across the entire country.

This is a polarizing subject. I do not know anyone who claims to have “no opinion” on the issue. Instead, most individuals are vehemently in favor of abortion on demand OR they are adamantly opposed to it.  The argument is almost always one-sided: a woman’s right to terminate her pregnancy OR the right to life of the unborn child. Very few people ever bother to ask, though, why do we have to choose between the woman and the child. Why does it have to be one or the other?

Abortion, as it is practiced today, pits the woman against her child and the child against her mother. For women considering abortion, the unborn fetus can easily become an enemy. What are the reasons WHY a woman would bring herself to the point where she is willing to destroy her own offspring. Here are a few examples.  

  1. Women of color comprise a huge number of abortions performed each year in the US. Perhaps as many as 40 out of 100 black pregnancies end in abortion. The odds are good that these women are unmarried, reliant on food stamps and HUD to survive, and already have other children which they are trying to raise.

“Minority women constitute only about 13% of the female population (age 15-44) in the United States, but they underwent approximately 36% of the abortions. According to the Alan Guttmacher Institute, black women are more than 5 times as likely as white women to have an abortion. On average, 1,876 black babies are aborted every day in the United States.”—( http://www.blackgenocide.org/black.html)

  • Another group which is represented disproportionately is college age women, who are attempting to gain an education in the hopes of being successful in a chosen career. Pregnancy is a roadblock to that hope. Most colleges do not have any program to help them maintain the academic load and carry a child at the same time. The woman’s “choice” is between her career and her child.

“No woman should be forced to choose between sacrificing her education or career plans and suffering through a humiliating, invasive procedure and sacrificing her child. We refuse to choose®. Abortion represents a failure to listen and respond to the unmet needs of women.”—(https://www.feministsforlife.org/question-abortion/)

  • In addition, we need to consider the number of times that a woman is coerced and pressured into undergoing an abortion by her boyfriend, husband, or father.  Men have a huge influence in this decision. 

“If legal abortion has given women more choice, it has also given men more choice as well. They now have a potent new weapon in the old business of manipulating and abandoning women…. That men have long coerced women into abortion when it suits their purposes is well-known but rarely mentioned.”—(http://www.theunchoice.com/articles/howcommoniscoercion.htm)

It is undeniable that many women face huge obstacles as they consider their options when they find out they are pregnant. Contrary to Gibney, we need to start seeing them, not as selfish murderers, but as they truly are—probably young, maybe alone, less than rich, confused, afraid, unsure. They may not believe they have any other “choice”. They may not have the means and personal strength to carry the pregnancy to term and then adopt the baby out. The chances are that they are not aborting out of selfishness, but out of perceived necessity. This does not excuse the abortion in any way, but it does help to explain it.

Not only do we have to consider the women who abort, but also those who are killed and thrown away—unborn human beings who never asked to be conceived in the first place. Holloway tries to use scare tactics, but most abortions do not occur because of fetal deformities or the physical health and well-being of the mother. Statistics from the State of Florida in 2018 show that out of 70, 083 abortions, only 1, 004 were done for the reasons of rape, incest, fetal deformity, or to save the life of the woman. The rest were elective—by choice. )

These instances do occur, but they are rare. They constitute a very small number of abortions and should not be used as justification to allow the killing of unborn babies by anyone for any reason. The blanket allowance of abortion is even more cruel than a blanket prohibition would be and there are millions of reasons why a pregnancy should not be terminated—all of them live human beings.

For too long, this issue has been framed in a confrontational way: woman vs. child. One, but not the other. Either/or, but not both. We must change the way we debate this issue. We must recognize that for every abortion, there are at least two victims—the woman and the child. We must not only save the life of the unborn, but also give the woman the means and support she needs to continue the pregnancy, give birth, and either raise the child herself or turn that responsibility over to someone else. We must become a society which honors and esteems human life at all ages—19 weeks from conception or 19 years from birth. If this means we are inconvenienced ourselves, so be it.

Abortion is a symptom of an underlying disease, a reflection of the fact that, as a society, we have not met the needs of women. It also shows us that, as a society, we would rather address our problems violently than face them responsibly. The most defenseless members of our human family suffer and die as a result. Both the woman and the child deserve better.

A Positive Message of Support

Since starting this blog, To Make a Difference, I have been spending a lot of time online looking for information that I could use in the articles I write. I have to say that in just a few short months, I have learned a lot. In fact, the more I learn, the more I realize I don’t know much at all about the issue of abortion. The internet is a wonderful thing.

While doing some research last night, I came across the website of an organization I’d never heard of before—Feminists for Life. I spent a considerable amount of time there, reading various pages and information about the group, with my interest and admiration growing all the while. It ended with my subscription for a year and I made up my mind to promote them on these pages. You should check it out. This organization is for real. (Disclaimer: I have never been a feminist nor an advocate for radical feminism. I do believe that women can and should be considered as equal to men, but not at the expense of society nor the people who comprise it. Nobody should have to die so that women can be free.)

Right off the bat on their home page is the message that “Women Deserve better than Abortion” splashed across their header. The sub-title is more pointed—“Abortion is a reflection that we have not met the needs of women.”  How true! Why didn’t I think of that? And the quotes shown below just drove the message home that I could support this group without any reservation.

“When a man steals to satisfy hunger, we may safely conclude that there is something wrong in society — so when a woman destroys the life of her unborn child, it is an evidence that either by education or circumstances she has been greatly wronged.” —Mattie Brinkerhoff, The Revolution, 1860

“No woman should be forced to choose between sacrificing her education or career plans and suffering through a humiliating, invasive procedure and sacrificing her child. We refuse to choose®. Abortion represents a failure to listen and respond to the unmet needs of women. Why perpetuate failure? Pro-life feminists recognize abortion as a symptom of, not a solution to, the continuing struggles women face in the workplace, on campus, at home, and in the world at large.”—FFL, Question Abortion

So much of the abortion argument has been about one of two things—either “women’s rights” or the “right to life” and I am as guilty as anyone else in advocating for one side only. Feminists for Life simply refuses to make a choice between the pregnant woman and the unborn baby. They promote health and wellness for everyone involved, including husbands and fathers, employers, and victims of sexual violence.

The status quo of abortion on demand pits women against their unborn babies and those babies against their mothers. This needs to change. We have got to stop seeing this issue from a one-sided perspective and work toward a more wholesome approach which includes everyone involved.

I wish Feminists for Life the very best. I wish I could do more to help them.

RU-486: The “Saturday Night Special” of Abortion

Is the commonly prescribed abortion drug, RU-486, essentially any different than a Saturday Night Special firearm which is cheap, widely available, and, as Lynyrd Skynyrd put it, “…ain’t good for nothing, but put a man six feet in a hole.”

Gun control is not the topic of this post. Whether the Saturday Night Special is used for self-defense or during the commission of a crime is irrelevant. Instead, I’m using this argument to try to make some sense of the question–should RU-486 be legal or prohibited? Does it have any positive redeeming social qualities? Can it be used for any medical purpose other than inducing abortions? If so, what are they? Would it even exist if it wasn’t a low-cost, popular method of obtaining an abortion?

RU-486 (mifespristone, sold as Mifeprex) acts as an abortifacient by blocking the production of the hormone progesterone, which is necessary to the proper development of the pregnancy, both before and after implantation of the embryo in the uterus. It is not the same as so-called “birth control or morning after pills”, which are taken with the intention of preventing conception. Rather, RU-486 is not prescribed at all until the woman suspects she might be pregnant and visits her doctor, who confirms the pregnancy. In plain and simple terms, the drug does not prevent a pregnancy from happening, but used commonly in conjunction with misoprostol, it ends the pregnancy by killing the embryo and ejecting it from the womb.

Planned Parenthood extols it as a “safe, effective way” to terminate a pregnancy. The pro-abortion lobby presents it as an alternative to surgical abortions by basically promoting the idea that it is as easy as simply taking a pill. In reality, its use has some serious side effects. In the US, it must be prescribed by an FDA certified practitioner, but, as with everything else which has monetary value, it can be purchased online. (WARNING: This is illegal, potentially dangerous, and is not recommended nor encouraged.) I will not give any respectability to online vendors who market the drug by linking to their websites.

The question is this. Does RU-486 have any other medical use which would legitimize its continued manufacture and sale or should it be banned completely? From what I have been able to find while researching this, it has very few, very limited applications outside the abortion issue. For instance, it may be used in the treatment of Cushing’s Syndrome in people who have type 2 diabetes or are glucose intolerant. This condition is extremely rare so it seems to be a safe bet that RU-486 was developed and is being sold as a “one trick pony” exclusively to induce abortions.

Considering all this, it seems to me that the main difference between RU-486 and a “Saturday Night Special” gun is that, while they are both single purpose items, the gun at least can be used in self-defense. I’m sure it has been. For that reason alone, it can be considered to have some moral value and, in that sense, it should be considered no differently than any other firearm. Any weapon which stops violent aggression, whether it’s a stick or a bazooka, has validity and a proper place in society.

The use of RU-486, however, is blatantly aggressive. It is not used in self-defense, but is meant to deliberately kill an innocent, unborn, human being in a violent manner. It was developed, approved, manufactured, and sold as a quick, easy solution to an unwanted pregnancy. The end really does justify the means. Realistically, it can be argued that the woman herself pulls the trigger of this cheap, widely available “gun”, while aiming it at someone else–her defenseless, unborn child.

Should RU-486 be outlawed and prohibited? I believe so, with one exception, that it ought to be available in certain medical situations, where there is no possibility that an unborn child could be harmed. If this were put into practice, it is quite likely that the market for the drug would be so limited that the manufacturers would simply fold up shop and move on to something more lucrative. Almost certainly, though, it would probably be produced in generic form by some shadowy company somewhere and show up on the black market, available to anyone who has a credit card and connection to the internet.


Unborn Children: Not Parasites, Not Trespassers

Introduction

“To hold individuals guilty of crimes they couldn’t have committed is a moral obscenity.”–Robert Gore

Within the abortion debate, unborn children are often called either parasites or trespassers, sometimes both. This is nothing more than an attempt to marginalize and dehumanize the unborn child in order to justify a position or ideology.

This article seeks to prove in a straight-forward manner that this is wrong. The terminology is incorrect. I use dictionary definitions to show that the common usage of both terms eliminates any possibility that they might be correctly applied to an unborn child. Furthermore, I draw on common sense and my own understanding of moral justice in order to reach a conclusion–that it is impossible for the unborn child to be either a parasite or a trespasser. To call them that, as Robert Gore has stated, is a moral obscenity.


“… given that the fetus is unwanted, it is in effect a trespasser or a parasite.”Walter Block/Roy Whitehead[i]

“What human has the right to remain, unbidden, as an unwanted parasite within some other human being’s body? This is the nub of the issue: the absolute right of every person and hence every woman, to the ownership of her own body. What the mother is doing in an abortion is causing an unwanted entity within her body to be ejected from it: If the fetus dies, this does not rebut the point that no being has a right to live, unbidden, as a parasite within or upon some person’s body.– Murray Rothbard [ii]

Unfortunately, these men have based their claims on “property rights”, i.e., the woman owns her own body (property) and can do with it whatever she wishes. (I have dealt with this issue elsewhere. See here.) The “right” of an unborn baby girl to own her body is discarded out of hand. They assert that property rights are all that matter. Morality (the sense of right and wrong) does not enter the picture. In the case of abortion on demand, legally defined rights have become more important than what is right.

To be fair, both Walter Block and Murray Rothbard have done an absolutely phenomenal amount of work for the cause of individual liberty which cannot be dismissed or denigrated. In this case, though, they are simply wrong.


Section I: Parasites: Biological and Social

The number of types of parasites can be numbered–there are two. Only two. Biological and social. See here[iii] for a typical definition of the term. Unborn children are neither.

Parasites (biological) are not a part of the host. They do not derive from it and are not related to it. In fact, they are a species which is completely different from the host. They draw nourishment and sustenance out of the host, debilitating and weakening it. They give nothing back. If they grow and/or reproduce unchecked, they can, and sometimes do, literally kill the host. A tapeworm is a parasite. Mistletoe is a parasite. Lice and bedbugs are parasites. An unborn baby is not.

Unborn fetuses DO draw nourishment and sustenance from the woman, via the umbilical cord, but they are not a threat to the woman under normal circumstances. They are not a different species. They are related to the host (mother). They derive half their DNA from her, but they are not [iv] a part of her. The only time that a woman is threatened by the fetus is due to an ectopic pregnancy or (perhaps) other complications brought on during the pregnancy.

Biologically speaking, a fetus cannot be a parasite.

Parasites (social) are another sort entirely. They are human beings who prey on other human beings. They may or may not be related. They may attach exclusively to one person or draw from more than one. They have a desire to be supported by others and have their wants and needs filled by them. They know their current (preferred) lifestyle would suffer if the parasite/host attachment were severed for any reason. One common characteristic of social parasites is the selfish belief that other human beings exist for their benefit. They are users of people and seek to control them for personal gain. Taken to an extreme, this becomes an “all for me, none for you” attitude and way of life. In an unrelated but not entirely irrelevant article, Brandon Smith describes it like this.

“This attitude can also be seen in the common actions of narcissistic sociopaths, who have no qualms about conning or exploiting people around them as resources, feeding off others like parasites.” [v]

To some degree, all of us are social parasites. Everyone, at one time or another in his life, uses someone else for personal gain or benefit. This type of action, for most of us, tends to be minimized as we grow older and wiser and it can be personally overcome to a large degree. Many people never outgrow it. Some never try.

It is commonly accepted that unborn children do not have any consciousness of their own until they have developed sufficiently [vi], probably not until very late in the pregnancy. How can a fetus (which is not aware of its situation and surroundings) use someone else selfishly? How can someone who has not attained the characteristics of self-consciousness and deliberate action be a parasite? Quite simply, she can’t. She does not knowingly use anyone else for her benefit. She knows nothing except what has always been, i.e., the womb and a state of total dependence. She will never know anything differently until and unless she is born and (gradually, progressively) taught to become independent.

In the timeline of the unborn baby/newborn baby/small child/teenager/adult, the individual progresses from complete dependence on her mother to a state of some degree of independence. If she is considered a parasite before birth, at what point does she cease to be one? What is the point in a person’s life where she does not need or depend on anyone else? When does a person stop “taking” and start “giving”? Everyone takes more at the beginning, but eventually we learn (hopefully) to give more than we take. It can be argued that we live on a sliding scale, one end being total dependence, the other total independence. The only choice we have is where we live on that scale and that is determined through a lifetime of personal change and our interactions with other people, either positive or negative, with varying degrees of success.


Section II: Trespassing: A Legal View of Trespass [vii]

Murray Rothbard [viii], a major contributor to modern libertarian thought, stresses the “legality” of abortion in the quote 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” [ix]

Well, all right, then. Let’s look at this from a legal perspective. 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, it follows that a fetus is not a trespasser.

I will go further. Saddling a fetus with the pejorative label of “trespasser” or “parasite” is intentionally dissembling. It is similar to 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. Block and Rothbard do so, in my opinion, not so much to promote abortion, but more properly to defend their own definition of “property rights”. In this respect, they have taken their stated philosophy and beliefs to the logical end–regardless of the damage caused.

Dictionary definitions of ‘trespasser’ can be seen here [x],

“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 [xi].

“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. Notice also that the trespasser is described as a “person”, but the Supreme Court case of Roe v. Wade determined that unborn children are not persons until they are viable, at the very least. If fetuses are not persons, they can’t be trespassers according to the definition. They can’t both be right. Which is correct?

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 or mistakenly, but it always involves the crossing of a previously established boundary. The trespasser 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 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 will go a long way in defusing a potentially violent situation.

Let’s draw a picture.

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 simply cannot happen in the case of pregnancy, because the alleged violator, the fetus, was conceived and has always existed in the womb [xii]. 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 within 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 matter of law. It cannot be otherwise. It must be handled in a legal manner. In order to prove a case of trespass fairly, 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” [xiii]. 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 [xiv] 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 actually committed any “crime” worthy of punishment.

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, socially, 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 [xv] in Lewis Carroll’s tale, Alice in Wonderland [xvi].

“…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.

Calling an unborn child a trespasser is preposterous. 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 blatantlyt irresponsible at best, deadly at worst.

The counter-argument might be presented that, since the fetus is not a person [xvii], 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., digging up flower beds or killing 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 [xviii], so to speak.

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.

Someone 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 as it grows into a mature adult.
  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 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 a 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. We might find out we’re punching well above our weight.

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 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 human 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: The End of it All

If the unborn child is not a parasite nor a trespasser, then what is she? There is only one answer left–a unique, personal, human being who has been placed, through no action, will, or desire of her own, in a vulnerable, dangerous position. She deserves all the protection that we can give her, if we are so inclined. Unfortunately, quite often, we are so NOT inclined, consequently, she 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.” [xix]


[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] https://mises.org/sites/default/files/For%20a%20New%20Liberty%20The%20Libertarian%20Manifesto_3.pdf

[iii] https://dictionary.cambridge.org/dictionary/english/parasite. I do not agree with the dictionary’s example of a financial speculator as a parasite. My view is that financial speculators are necessary in the same sense as a wolf pack which culls out weak or sick animals, leaving the rest of the herd healthier as a result.

[iv] https://catholicvote.org/10-reasons-the-unborn-is-not-a-part-of-a-womans-body/

[v] https://www.zerohedge.com/news/2019-02-07/brandon-smith-secular-look-destructive-globalist-belief-system

[vi] https://thebrainbank.scienceblog.com/2012/12/04/what-can-science-add-to-the-abortion-debate/

[vii] 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. I dare say I am right.

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

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

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

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

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

[xiii] 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.” See here.

[xiv] In the Roman Empire, families were allowed to abandon their newborn babies by leaving them in garbage dumps or dung heaps to die. The early Christians adopted the practice of picking them up and raising them if they were alive, but burying them if they had died. This became so prevalent that a law was passed making it illegal to do so.

[xv] 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.

[xvi] A favorite story of mine when I was growing up, as was Through the Looking Glass, also by Lewis Carroll. You can hear Grace Slick and Jefferson Airplane pay homage in their song White Rabbit. Their best song, in my opinion.

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

[xviii] See the movie, Minority Report, starring Tom Cruise.

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