Roe is behind us, and hard work is ahead of us

reblogged from Leaven for the Loaf

Today, the sun is setting on the era of Roe. The U.S. Supreme Court has issued its Dobbs opinion, and Roe v. Wade is overturned along with its successor Casey decision. Abortion regulation is to be left to the states. Peruse the giant-sized decision at your leisure. 

For those who want a deeper dive, I have some thoughts.

The leaker and the bullies lost

Whoever leaked the draft opinion – and I’ll maintain all my days that it was an abortion-friendly Court clerk – lost a huge gamble. It backfired, even if the initial reaction was all the leaker could have hoped for. The leak sparked outrage among abortion advocates. Justices were doxxed and home addresses were made public. There was an assassination plan against Justice Kavanaugh. Bullies felt emboldened.

Five Justices stood up to all that. The vote was 5 to overturn Roe, 3 opposed, and a vote by the Chief Justice to uphold Mississippi’s law while still upholding Roe. (So that’s what a cut-rate Solomon sounds like.) Here’s to Justices Alito, Thomas, Gorsuch, Kavanaugh, and Barrett. 

The bullying might not be over, and we might see it close to home. Time will tell. The Court has just given a powerful example of how to face it.

The Court did not recognize the fundamental right to life

Absolutely nothing in Dobbs‘ majority opinion recognized the fundamental right to life of each human being from the moment of conception. 

I have worked my entire adult life for our laws to recognize human dignity, to support mothers as well as children, to reject eugenics, to defend conscience rights for health care workers who want nothing to do with abortion.

And here I am, cheering a decision that does none of that. We have been conditioned to set the bar low and then cheer when we clear it.

Thanks be to God that Roe was not affirmed. We move on from there.

New Hampshire remains abortion-friendly, for now

All that State House action I’ve been writing about since 2012 will keep right on going. The Dobbs decision returns abortion regulation to the states, meaning the people we elect to be our state representatives and senators and executive councilors and (God help us) governors will still be the ones to call the shots on our behalf.

New Hampshire law still permits eugenic abortion after 24 weeks of pregnancy. That won’t change. In fact, the Mississippi law upheld by the Court today had a 15-week abortion limit, with a eugenic exception. Preborn children with life-limiting diagnoses are not protected.

The New Hampshire constitution could still be amended to protect abortion – or the constitution’s “privacy” amendment could be construed by our state Supreme Court to accomplish the same thing. 

New Hampshire legislators have repeatedly rejected conscience protections for health care workers who choose not to be involved in abortion. That’s okay under Dobbs.

Our parental notification statutes and ban on partial-birth abortion could be repealed by our legislature. That’s okay under Dobbs, too.

Buffer zone laws consistent with past Court decisions will remain on the books. So will unenforced buffer zone laws like New Hampshire’s.

Also fine and dandy under Dobbs: refusal to collect abortion statistics – refusal to require making sonogram images available (not mandated, but available) to abortion-minded women – giving state dollars to abortion providers.

In other words, citizen activists will still need to beat a path to hearings in Concord every single session. If they don’t, abortion advocates will prevail. Simple as that. 

Pregnancy care centers will become more crucial than ever

The growth and strengthening of the network of pregnancy care centers in New Hampshire has been a bright spot in Granite State culture. These abortion-free agencies go far beyond crisis pregnancy management. They support pregnant and parenting women and their partners as far as resources allow, with most of those resources coming from private donors.

Ironically, in the days following the leak of the draft Dobbs opinion, some of those pregnancy care centers in other states were subject to attacks. 

In the face of opposition, it’s time to redouble the efforts that have brought pregnancy care networks this far. 

At least one party will handle Dobbs to its advantage

Indie voter speaking here: please, GOP, don’t screw this up by dodging Dobbs.

The Democrat party, from its national leadership down to its New Hampshire town committees, has been consistent in its abortion-friendly messaging. As an activist, I recognize political savvy when I see it, even if it’s in the service of something dreadful. Look for apocalyptic pronouncements from candidates about how Dobbs undermines women and threatens the Republic. Look for tightly-focused attacks on any Republican who’s squishy on the right to life.

As for those squishy Republicans, if their response to Dobbs is to try to shift focus to inflation and the economy, they’ll get what they deserve. Unfortunately, so will their constituents. Then the Dobbs-dodging candidates will wonder why 40% of New Hampshire voters refuse formal affiliation with either party. 

Nonviolence: walk the talk

Public pro-life witness is likely to become riskier. Our response to provocation has to be more than “be nice.” It’s time to move past talking about nonviolence as a mere theoretical tactic. 

Are you ready to surrender your natural right to self-defense if you’re physically attacked for defending life? Are you ready to practice nonviolence in speech as well as action? Are you ready to be arrested for nonviolent public witness, or are you worried about how that would affect your job or your reputation? Are you prepared to document events when you’re on the scene of a challenge to peaceful witness? Are you prepared to help protect vulnerable facilities whose workers and volunteers are providing life-affirming care? Are you prepared to organize carpools and vanpools and busloads of pro-life allies to public hearings? Are you prepared to “speak life” in season and out of season, in a manner worthy of the goal? Are you ready to financially and spiritually support allies whose nonviolent defense of life leads to job loss or worse?

These are personal decisions, but they’re best made with a supportive well-grounded group. I think churches are uniquely positioned to teach and support nonviolent public action. If they won’t do the job, let our secular pro-life neighbors lead. 

A culture of death won’t be overturned by people being nice. It won’t even be overturned by a Court, although a Court can make helpful decisions. Only love can prevail – love that’s sometimes disruptive, always sacrificial to some degree, always risky, often shown in little day-to-day things, courageous even when my knees are shaking.

Nonviolence is the fruit of love like that. First things first.

I’m grateful for the Dobbs decision, even with its limitations. Now let’s get moving. See you at the State House.

Religion Freedom Week, as we wait for Dobbs

It’s the feast of Saints Thomas More and John Fisher, marking the beginning of Religious Freedom Week as observed by the U.S. Conference of Catholic Bishops. It’s just a week, not a fortnight as was the case back in the early days of the Affordable Care Act’s contraceptive mandate. Still, a call to a dedicated time of prayer and action with religious liberty in mind is always timely.

A lateral move?

I write as I await the Supreme Court’s decision in the abortion-related Dobbs case, due within days. A draft of the Dobbs opinion hostile to Roe v. Wade was leaked some weeks ago, leaving me pondering just how low we’ve set the bar for being pro-life. Nothing in the draft either states or implies that the Court is ready to recognize the fundamental right to life of all human beings from the moment of conception without regard to age, health, or condition of dependency. The draft, if it holds, dumps the “issue” back to the states. Having spent a few decades making frequent trips to New Hampshire’s State House as a citizen speaking out on the right to life, I know that such a Supreme Court decision would be a lateral move at best.

Even so, the call is clear as I contemplate the likelihood of a Dobbs decision during a week celebrating religious liberty: prayer and action, now and always, wherever the law stands, whether or not our voices are welcomed in the public square.

Inspiration

The USCCB has suggestions for eight daily prayer intentions during the coming days. It’s not a comprehensive list. Only a few of our challenges can be addressed in such a short period of time. Treat each intention as inspiration for future work: thoughtful prayer, focused action, steadfast witness.

  • June 22: walking with mothers in need
  • June 23: pray that Christian witness in the face of attacks on churches may convert hearts to faith in Christ. Threats and vandalism to churches, including acts taken in the wake of the leaked Dobbs draft, underscore that this is an urgent challenge.
  • June 24: adoption and foster care
  • June 25: opposing taxpayer funding of abortion
  • June 26: religious freedom in China
  • June 27: pregnancy resource centers
  • June 28: conscience rights for health care workers
  • June 29: free speech. This means not only praying for protection of First Amendment rights, but also “that Christians will have the courage to proclaim the gospel of life and dignity for all with kindness and clarity, even in the face of adversity.”

Challenge: grow beyond unjust laws

My bishop has offered many examples of that kindness and clarity. I wrote in some detail at Leaven for the Loaf about what he said at one particular Mass during one of the first Fortnights for Freedom. An excerpt will serve here.

We can and we do lobby for just laws, and for the overturning of those laws, the repeal of those laws, that are unjust. But whenever [such an effort] is unsuccessful, we are called to make those laws obsolete.… Such must be the unjust law – that we have grown beyond such things…[to] a time where adherence to God’s law has turned us away from discrimination, murder, inordinate living, disordered belief, and the shame of a people who no longer value the true dignity of human life. Let us grow beyond.

Bishop Peter Libasci, Diocese of Manchester, homily for Fortnight for Freedom, June 2013

All these years later, I stand by what I wrote in the same post, reflecting on what Bishop Libasci had said.

I looked around the Cathedral as the Bishop spoke. I saw no cameras or press. Perhaps a hundred people were there.   In a secular environment, I’d have said that the man needs an agent. This was a church, though; a community of faith was present. Everyone there is the “agent,” so to speak, charged with getting out the message. In how many other churches will the same message be delivered in the coming days? From there, who knows where it could go? Small beginnings, perhaps, but with great potential and great hope.

Leaven for the Loaf, 6/23/13

“No” to jailing the moms

I’ll oppose prosecution of a woman for having an abortion. I’ll work to prevent the election of policymakers who think such prosecutions are a good idea. And I can’t believe the topic has even come up. Thanks to Abby Johnson, it has.

In a series of posts a few years back, I cited Abby as one of several “voices to trust” – “women who came through a variety of experiences to find themselves – sometimes to their own astonishment – opposing abortion and Roe v. Wade.” Abby’s personal journey took her from being a Planned Parenthood manager to being a pro-life leader and founder of a nonprofit organization that has assisted hundreds of former abortion workers seeking to leave the abortion industry. Amazing conversion, powerful ministry. That much hasn’t changed.

Then a few days ago, on May 7, she used a long Facebook post to advocate the criminal prosecution of women who have had abortions. The key lines: “Are preborn human beings full of infinite dignity and worth or are they not? Do we believe abortion is murder or is it not. Is the preborn child worth the same protection as my 2 year old or are the preborn somehow less valuable? If we do not have the same due process in the law for those who pay to take the life of their children, then we as a movement are liars. We are saying that those in the womb do NOT have the same value as those outside of the womb.”

No. Just no. And no again. Recognizing the dignity and humanity of pregnant woman and preborn child is one thing. Pitting pregnant women against their preborn children is something else, and the abortion industry relies on maintaining that adversarial position. It’s inhumane. I refuse to buy into it. And that’s without even addressing the position’s base political stupidity. 

I wonder how Abby’s position will strike the people who prayed outside her Planned Parenthood facility for months, slowly building a relationship of trust with her and then welcoming her when she walked away from PP.

I wonder how a prosecute-the-mom policy sounds to someone involved in Rachel’s Vineyard or another post-abortion healing ministry.

Read the rest of the post at Leaven for the Loaf.