Anonymous wrote:
Anonymous wrote:The entire framework is already there.
For a government, the ability to put one individual's rights over another's requires both to have legal rights, which is why the idea of when human life beings is vital to this issue (and that fact that human cells are alive doesn't make it a living human being -- many combinations of human cells doe not develop into a person). It is what makes this issue different for all other religious-based legal controversies. Roe tried to avoid the religious ensoulment issue and use the best available scientific evidence to answer this, and decided that when the fetus could live on its own outside the womb it attains rights that the government can protect. Many disagree with this as either to restrictive or not restrictive enough. Beyond that, the government cannot know any more than theologians, who concede that they don't know, but they have religious based beliefs about the issue.
"Anti-abortion at any point" is based in theology on the concession that one cannot know when the soul enters the body and life begins, and that some religions decide that the morally safer -- not morally correct, but morally safer - choice is to assume (not know) that is happens at conception. That is the Catholic teaching. This can inform one's personal choice. Theologians also acknowledge that different religions believe the soul enters the body at different times (e.g. upon the first breath of life), and so their moral choice is different. Others do not believe in a soul at all, so there is no moral aspect to the decision. None of these positions can be proved objectively right or wrong, and all studied theologies acknowledge that we do not know, but we can form beliefs.
And to the "cells are alive so ensoulment doesn't matter" poster, yes, it does matter legally whether the cells are a separate human being from the host mother, otherwise any removal of human cells would be murder, as all cells are alive, but not all cells are human beings with separate legal rights. The concession about unknowable ensoulment is why this pivot is seen as necessary to the pro-life movement - they they can't prove ensoulment so they must argue it doesn't matter -- even though the whole premise of the theology of abortion is based on ensoulment.
As an American, one must accept that when different religions have different beliefs on a point, the government cannot adopt one religion's belief system over all others, nor can it force an individual to personally act against her religion (except when two peoples' rights come into conflict -- hence the soul question). So they can't force abortions on people, but they also cannot choose which religion has the correct moral view on when life begins and adopt a particular religion's moral belief and ban all abortions, thus denying the rights of others to hold and act on contrary religious and moral beliefs.
As for when it is justified after the point of viability, we already have jurisprudence that balances the rights of individuals against each other: self-defense, good-samaritan, suicide, etc. The most basic one is that a government cannot force a person to be a hero, specifically, to take an action that would result in personal harm even if by taking that heroic risk the person would save another (aka Bystander Laws or Good Samaritan Laws). Why would this not apply to the personal harm of pregnancy and childbirth? Similarly but opposite, our laws acknowledge that a killing is justified to save oneself from death or serious bodily harm (not that some states are saying just death when it domes to pregnancy and this is creating seriously tragic results); or when in an unenviable position of having to choose between two lives, you have not committed murder in making that terrible choice. Consider this: if suicide is unlawful, why can a mother decide to give birth knowing it will cause her own death? Why should the reverse decision be unlawful then?
Anyway, there is more, but I propose that the framework for you request, OP, already exists.
I think you are right - that there is a secular framework for just approaches to abortion - using criteria that clearly establish moral grounds for providing abortions.
However, I would like to see work done on a theological framework for Just Abortions to counter the extremism and ignorance of many contemporary evangelical anti abortion beliefs.
I am tired of right wing Christians claiming high moral ground by being vehemently anti abortion in simplistic and misinformed ways while showing contempt and callousness towards so much life, especially female life.