The abortion bill: a lunch table discussion
On occasion, I remember that most people aren't political junkies, don't know who Chris Buttars or Stephen Sandstrom are, don't read blogs, and get most of their information from blurbs in local newspapers or TV. So it was interesting yesterday to have lunch with a group of lawyers who fall into that category, particularly when one of them brought up Sandstrom's new bill that would essentially ban abortion. Although lawyers are trained to look at things objectively -- to think with their heads rather than their emotions -- I was still a little surprised by the discussion.
First, some demographics. The group consisted of: 4 active LDS who are not pro-choice; 1 active LDS who is pro-choice (but struggling after reading George Will's recent column); 1 non-LDS who is pro-choice; and 1 non-LDS who is not pro-choice. (I won't say which category I fell in, but most readers of this blog would probably be surprised.)
The consensus among this mostly non-choice group about Sandstrom's bill? To quote the biggest diehard conservative LDS guy in the bunch: "I am deeply offended by it." Another uttered, "It's ridiculous." That sentiment echoed throughout the table.
What bothered everyone was that, as lawyers, they value the rule of law, and they resent frivolous lawsuits. (Passing an unconstitutional law is like filing a frivolous lawsuit, because the government is forcing a lawsuit to which there are no legitimate defenses.) Everyone acknowledges that the bill is unconstitutional, but hey, let's throw away $2-4 million that we could use to help veterans' families, or provide care for the mentally handicapped, or expand CHIP, or something with a real chance of doing good.
Being lawyers, some wondered why Attorney General Mark Shurtleff thinks it will cost $2-4 million to defend, but that figure is not surprising when one considers that it cost over $1 million the last time they tilted at this windmill. Additionally, the State will have to pay the other side's attorney fees when the court declares the statute unconstitutional -- which it will, as everyone concedes. (Once again, we marvel at the silence of the so-called Utah Taxpayers Association. That organization purports to fight taxpayer waste, but only when it suits a particular viewpoint. It really should change its name to something more accurate, like Utah Moralistic Taxpayers Association.)
Rubbing salt in the wound is that many of our government leaders seem hypocritical on the subject of abortion. They abhor it, but won't take actions to reduce unwanted pregnancies -- no insurance coverage of contraceptives, insistence on abstinence as the only form of birth control discussed with teenagers, etc. As one man at the table said, if legislators were truly pro-life, they would work as hard to avoid unwanted pregnancies as they do to avoid abortion. But moral consistency has never been a hallmark of our legislature.
First, some demographics. The group consisted of: 4 active LDS who are not pro-choice; 1 active LDS who is pro-choice (but struggling after reading George Will's recent column); 1 non-LDS who is pro-choice; and 1 non-LDS who is not pro-choice. (I won't say which category I fell in, but most readers of this blog would probably be surprised.)
The consensus among this mostly non-choice group about Sandstrom's bill? To quote the biggest diehard conservative LDS guy in the bunch: "I am deeply offended by it." Another uttered, "It's ridiculous." That sentiment echoed throughout the table.
What bothered everyone was that, as lawyers, they value the rule of law, and they resent frivolous lawsuits. (Passing an unconstitutional law is like filing a frivolous lawsuit, because the government is forcing a lawsuit to which there are no legitimate defenses.) Everyone acknowledges that the bill is unconstitutional, but hey, let's throw away $2-4 million that we could use to help veterans' families, or provide care for the mentally handicapped, or expand CHIP, or something with a real chance of doing good.
Being lawyers, some wondered why Attorney General Mark Shurtleff thinks it will cost $2-4 million to defend, but that figure is not surprising when one considers that it cost over $1 million the last time they tilted at this windmill. Additionally, the State will have to pay the other side's attorney fees when the court declares the statute unconstitutional -- which it will, as everyone concedes. (Once again, we marvel at the silence of the so-called Utah Taxpayers Association. That organization purports to fight taxpayer waste, but only when it suits a particular viewpoint. It really should change its name to something more accurate, like Utah Moralistic Taxpayers Association.)
Rubbing salt in the wound is that many of our government leaders seem hypocritical on the subject of abortion. They abhor it, but won't take actions to reduce unwanted pregnancies -- no insurance coverage of contraceptives, insistence on abstinence as the only form of birth control discussed with teenagers, etc. As one man at the table said, if legislators were truly pro-life, they would work as hard to avoid unwanted pregnancies as they do to avoid abortion. But moral consistency has never been a hallmark of our legislature.

(Anonymous)
so as to avoid having to make another choice.
Abortion is the MOTHER of all holocausts...
(Anonymous)
The great are the makers of fashion
It is true that, in the wake of "Roe v. Wade," a state law limiting abortion would be unconstitutional, just as it was true that in the wake of "Dred Scott," a federal law limiting slavery (such as the Missouri Compromise) would have been unconstitutional.
Can't you just picture in your mind a group of bright young lawyers of that era--decent people everyone--sitting around the lunch table and decrying new legislation being proposed by the Republicans to challenge the "Dred Scott" decision? I can hear them very clearly:
"I personally am opposed to slavery, but I think it is a state's right to choose. Who am I to force my morals onto some other state? I am pro-choice, unlike those crazy anti-choicers in the Republican Party."
"I too am opposed to slavery, but I believe in the rule of law. The Court has spoken, it is carved in granite, we cannot ever seek to obtain another opinion. It's just not worth the expense!"
Fortunately, after "Dred Scott" a significantly large portion of the American public was so outraged at the Supreme Court's pro-slavery decision that it turned to the Republican Party to try to put an end to slavery. When the first Republican, Abraham Lincoln, was elected President, the South saw the writing was on the wall, revolted from the Union and a terrible civil war commended. Following the Emancipation Proclamation and the Thirteenth Amendment, the question is now, once again, moot--but in the opposite way.
This time around, as history repeats itself once again, let's try to avoid all the blood letting of a civil war and just let the Republicans do their best to end the evil of abortion legislatively--it is one of the reasons why the American people, especially in Utah and the Bible belt, have kept electing us for so long. It's why the Court is now finally in a position where Roe v. Wade can actually be overturned.
"The great are the makers of fashion." Shakespeare’s Henry V
Alienated Wannabe
http://www.alienatedwannabe.blogspot.com
(Anonymous)
Re: The great are the makers of fashion
This law was passed in 2004 after the murder of the then pregnant Laci Peterson and her fetus, Connor Peterson.
If it is right for a man (or woman) to be charged for homicide and sentenced to prison (or worse) for killing the unborn (and rightfully so)
then shouldn't the unborn have equil consideration in relation to abortion..?
Is a fetus earmarked for abortion of any less value to a fetus killed by violence...?
Is not abortion a violent attack on an inocent life just the same...?
I think it's not ethical to protect one without the other.....
they're one and the same........
(Anonymous)
Re: The great are the makers of fashion
(Anonymous)
hypocrisy on abortion
I have a hard time referring to such people as "pro-life," when they lack any interest in helping support that life once it has left the womb.
- Derek (aliberalmormon.wordpress.com)
(Anonymous)
Re: hypocrisy on abortion
Something to do with evolution I suspect.
Many practices of the past are no longer practiced.
Abortion should soon join the practices of old.
Sometime in the not too distant future, people will look back in disbelief and horror at many of the practices of today.
People should be able to choose to use birth control,
so as to avoid having to make another choice.
Abortion is the MOTHER of all holocausts...