Forced Abortions In the US?

Communist China is notorious for enforcing its one child policy by using forced abortions and other forms of infanticide. Americans who care about human rights are rightly outraged to hear of such government policies. To protect victimized mothers and children and to avoid hypocrisy, Americans should be wary of the possibility of our own government's complicity in forced abortion anywhere in the world, especially in our own country.

How could forced abortions arise in our "enlightened" society? Some motives for such abortions seem obvious. Parents who care only about their family's reputation, or the economic consequences of a daughter's pregnancy, might force a young woman to abort her child. Fathers who fear liability for child support or prosecution for statutory rape may put pressure on their partners as well.

It is reasonable to suppose that some cases involving these motives have occurred since Roe v. Wade. Two specific cases have come to light recently. In "Roe II v. Aware Women Center for Choice, Inc.," a Florida woman charges that abortionist William Egherman forcibly continued her abortion after she shouted at him to stop. She and Egherman dispute whether the abortion had proceeded beyond the point at which it could safely be stopped.

The woman sued Egherman in the Eleventh Circuit Court of Appeals, a federal court, claiming that Egherman had violated FACE (Freedom of Access to Clinic Entrances Act) by denying her access to reproductive health services. She maintained that Egherman prevented her from leaving the clinic so she could seek medical care elsewhere. The court ruled on January 23, 2004 that there was no proof that Egherman was trying to do anything but save the woman's life after botching the abortion, and therefore no case under FACE.

After reading the court's decision (available on the internet at http://www.ca11.uscourts.gov/opinions/ops/200314071.pdf), I have to agree with the court that FACE does not apply to the case. This suit seems to me to be a silly attempt to turn FACE around and use it against the abortion industry. Any attacks on FACE should be openly pursued in Congress, not through twisted legal logic in the courts.

The correct approach to what happened in the case would have been for Egherman to have been investigated by Florida authorities. If the woman's claims were credible, he could have been charged with kidnapping and conducting unauthorized medical procedures. Of course, a civil malpractice suit could also be brought for at least the terribly botched abortion.

In another case, a 25-year-old woman in Maryland claims that her boyfriend forced her to have an abortion after she had changed her mind. She says that clinic workers helped him to force her into the operating room when he protested that he had "already paid for it." As far as I know, no legal action has been taken yet in this case. Again, kidnapping is the least of the charges that could be brought against the father and clinic staff.

The potential for cases like these is great enough to justify a congressional investigation, as well as investigations by each state. Since the very possibility of legal abortion is created by the federal government, it is a federal concern to ensure that this policy doesn't facilitate even worse abuses such as forced abortions. If the investigation were to find that this is the case, federal laws may be needed to prevent the abuses.

Where forced abortions are happening, many are violations of existing state laws. Each state legislature should investigate whether state and local law enforcement agencies are living up to their responsibilities to protect women. They should also determine whether further laws are needed to prevent parents from forcing their daughters to undergo abortions.

Abortion itself is murder and must eventually be stopped in America. Until that happens, the least we can do is to guarantee that no woman of any age will be forced to participate in this barbaric practice.