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ABORTION AND LEGALIZATION: A Critique of Viability Argument


 

By: Admin Pastor Manny
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On January 22, 2019, the New York Governor, a “Catholic” governor, Andrew M. Cuomo signed into law the Reproductive Health Act [1]. This law legalizes abortion under some conditions. Let’s look at section 2 of the summary of revisions to show some of the reason why abortion is not contrary to the law. 
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“Section 2 of the bill creates a new Article 25-A of the Public Health Law (PHL), which states that an abortion May be performed by a licensed, certified, or authorized practitioner WITHIN 24 WEEKS from the commencement of pregnancy, or there is an ABSENCE of FETAL VIABILITY, or at any time when necessary to protect a patient’s life or health [2] [emphasis added].”
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As seen above, I highlighted what the law said about having an abortion within 24 weeks. It is important to understand that for them, that time is understood when a fetus is considered as “viable” or having “fetal viability.” Fetal viability is defined as the ability of a fetus to survive outside of the womb [3]. For pro-choice (people who are approved of abortion), it is ok to abort the fetus if that fetus has a low rate of survival outside the womb. If the fetus is helpless, it follows from their perspective that it is fine to abort them. Other than the fact that this event just shows the importance of electing a government official that has a strong moral foundation, this excuse is inconsistent for at least three reasons that I will be providing.
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Reason #1: Unborn children are patients.
I’ve already explained that being viable means that fetus can survive outside the womb. And, since this criterion is not met by the fetus that is developed under 24 weeks, this becomes an excuse for them to be aborted. However, we have to think about it for a while. Since they are not viable, that means that they are in the condition where they need continuous help to survive. For example, if someone has a disease, then that person has to go to a doctor to be treated because we don’t want that person to die just because of his or her condition. In that sense, that person becomes a patient, and a doctor of a specific field has to do his or her best to help the sick person to survive. This same reasoning applies to unborn children. Since they are not viable, they need help to live. When a pregnant woman goes to a doctor, we have to understand that the woman is not the only patient. The fetus is also a patient. Dr. William Lile is a pro-life obstetrician, a physician who specializes in pregnancy, childbirth, and reproductive health. According to him,
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“If America wants to stay great, America must continue to be that shining light on the hill and do good. TAKING LIVES of the babies: NOT GOOD. PROTECTING the LIVES of the babies and TREATING them as PATIENTS, as persons and protecting them: that is GOOD…We will STAND UP for those who CANNOT STAND themselves, we will SPEAK OUT for those who CANNOT SPEAK for themselves, and we will protect the lives of the preborn [4].”
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Reason #2: Born alive
Born-Alive Infants Protection Act of 2002 is an act signed by President George W. Bush. This Act gives any infant who is born a right to be protected. As said by the Act,
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“(a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words `person’, `human being’, `child’, and `individual’, shall include every infant member of the species homo sapiens who is born alive at ANY STAGE of development [5] [emphasis added].”
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This is important because Americans have to follow their law. To limit the definition of a person to someone who is viable is to go against what the Act says about infants who are born at ANY STAGE. If they believe that it’s ok to harm a fetus prior to 24 weeks, then they are performing a form of discrimination. Now, to be clear, this Act is limited to infants who are “Born Alive.” The Act also says,
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“(c) NOTHING in this section shall be construed to AFFIRM, DENY, EXPAND, or CONTRACT any legal status or legal right applicable to any member of the species homo sapiens at any point PRIOR to being `born alive’ as defined in this section [5].”
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The Act is clear that it does not discuss anything about the fetus before being delivered. However, this can also be a problem to pro-choice advocates if we can show that there are some who are born at the stage where they are not considered as viable.
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Reason #3: Against all odds
I’ve established in reason 1 the need for a doctor to help (rather than kill) a fetus because it’s a patient. I’ve also mentioned an Act that has to be followed by Americans with regards to the rights of a fetus who is delivered at any stage. Now, we can see its application in a little girl named Amillia Taylor.
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She was considered as the world’s youngest premature baby ever to survive [6]. She was born at just 21 weeks and six days. Think about it for a while. Under the new law and the pro-choice mindset, she could have been aborted because this happened prior to 24 weeks. In fact, it’s true that it will be a really hard time for her to survive outside the womb. She has a brain hemorrhage and has been incubator since birth [7]. That means that she had lack of oxygen that she had to still take oxygen even when she was taken home. And yet, against all odds, against all this fetal viability argument nonsense, she is a healthy 12-year-old [8]. If we could go back to the past, would it be okay to murder an infant who was born during the non-viability stage and took away all of the life that she now had? No, it’s wrong. This is against their legal law and against the moral law. Who cares about the separation of Church and State, I’ve not even cited a single religious argument yet? If someone is in need, that someone has a right whatever his or her size is.
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Let us pray for the whole world. Let us pray for the pro-life people who are defending the rights of the unborn. Let us pray for the pro-choice people for they do not know what they are doing as a new form of child sacrifices (Jeremiah 32:32-35). Let us also pray for the aborted fetus who are not given the opportunity to see the beauty of life. I’ll simply end this article from the statement of Amillia’s mother.
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“To think that she could have been an aborted fetus just left to die makes me physically ill [8].”

References:
[1] https://www.washingtonpost.com/religion/2019/01/25/catholics-want-gov-cuomo-be-excommunicated-his-abortion-policy/?noredirect=on&utm_term=.86984a21bb3e
[2] https://www.nysenate.gov/legislation/bills/2017/s2796
[3] https://medical-dictionary.thefreedictionary.com/viability
[4] https://www.lifesitenews.com/news/pro-life-obstetrician-blasts-new-yorks-horrible-new-abortion-law?fbclid=IwAR3JGpYzNsSQ0l5SCXdDElur67ZETJS8pPuwHmN7oPle0zZnVcCR9NK94vA
[5] https://www.congress.gov/bill/107th-congress/house-bill/2175/text
[6] https://www.youtube.com/watch?time_continue=34&v=G5Qo2VcEO8Y
[7] http://www.nbcnews.com/id/17237979/ns/health-childrens_health/t/earliest-surviving-preemie-remain-hospital/#.XExv6VwzYdV
[8] https://www.health24.com/Parenting/News/we-could-see-her-lungs-through-her-skin-the-premature-baby-who-defied-all-odds-20171117

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