How so? Abortion is a hotly debated topic among libertarians. Many are in favor on the grounds the women should be in complete control of whatever happens in their body. Those against point to the rights of the unborn as something to be protected as well (in a similar sense as a mentally unwell person who cannot assert their own rights).
Both sides want privacy to be maintained, and that was the grounds for Roe v Wade. I’m arguing that we should have something like Roe v Wade on the books as law that makes abortion effectively legal, but have enough protection of the fetus that it’s technically illegal if there’s no medical reason for it to be performed.
So in short, here’s my proposed policy:
first 20 weeks - no restrictions, and have that enshrined in law; there’s too much at stake for the woman here - the only restriction is if the woman has willfully learned of the gender (again, needs to be proven without access to medical history)
before viability - only doctors may be prosecuted, and only on the grounds of performing an abortion they knew to be medically unnecessary (must prove motive, in other words); again, no access to personal medical records, and there can maybe be a carve-out for women who didn’t know they were pregnant until the second trimester
after viability - only doctors may be prosecuted, and only on the grounds of medical necessity (as in, even an emergency delivery is impractical; doctors are held more liable since it would need to pass the “reasonable person” standard); if the mother chooses to not keep the baby, the delivery would be funded by the state
That’s a pretty loose policy which prioritizes the privacy of the mother at every turn and completely allows it during the most important period (when miscarriages are high and women are learning that they’re pregnant).
You can’t say a woman is free to seek an abortion if you’ve taken away their option for safe care, which making doctors liable will do. All your plan will do is drive them to back-alley abortionists or attempt abortion by themselves.
The option would exist in the first half or so of the pregnancy, which is when the vast majority of abortions and miscarriages are performed. So for 95%+ of women, it would be the same as full abortion legalization.
So the only time “back alley” abortions would exist is after the fist 20 weeks and if there’s no medical necessity. That’s a pretty small edge case.
A person who wants the State to threat with violence to the possibility of a person not accepting their body to be used for the sake of another, having their health and even life be put at risk for it, is not a libertarian. Would you want the State to force people to have their blood extracted if there were patients in hospitals requiring blood to survive, but not enough supply? A person who replies yes is not a libertarian; a person who replies not, but is fine with prosecuting doctors or patients for performing or seeking abortions is a hypocrite.
I explicitly said women should never be charged with a crime for seeking or attempting an abortion. I said doctors should be charged for performing an illegal abortion since they’re directly harming the fetus. Doctors would know where this line is, which must meet be after the first 20 weeks or after the mother knows the gender, and is not medically necessary.
I’ll say it again too be clear, mothers should never be charged with attempting to abort their own pregnancy. Ever.
It’s a good thing I answer no to your question. Doctors can be charged with malpractice, and that’s what I see this as, it’s like euthanizing an unwilling patient (I’m in favor of legalizing consensual euthanasia and doctor assisted suicide though). The fetus hasn’t consented and cannot consent, so doctors are responsible for preserving its life where possible.
How so? Abortion is a hotly debated topic among libertarians. Many are in favor on the grounds the women should be in complete control of whatever happens in their body. Those against point to the rights of the unborn as something to be protected as well (in a similar sense as a mentally unwell person who cannot assert their own rights).
Both sides want privacy to be maintained, and that was the grounds for Roe v Wade. I’m arguing that we should have something like Roe v Wade on the books as law that makes abortion effectively legal, but have enough protection of the fetus that it’s technically illegal if there’s no medical reason for it to be performed.
So in short, here’s my proposed policy:
That’s a pretty loose policy which prioritizes the privacy of the mother at every turn and completely allows it during the most important period (when miscarriages are high and women are learning that they’re pregnant).
You can’t say a woman is free to seek an abortion if you’ve taken away their option for safe care, which making doctors liable will do. All your plan will do is drive them to back-alley abortionists or attempt abortion by themselves.
The option would exist in the first half or so of the pregnancy, which is when the vast majority of abortions and miscarriages are performed. So for 95%+ of women, it would be the same as full abortion legalization.
So the only time “back alley” abortions would exist is after the fist 20 weeks and if there’s no medical necessity. That’s a pretty small edge case.
A person who wants the State to threat with violence to the possibility of a person not accepting their body to be used for the sake of another, having their health and even life be put at risk for it, is not a libertarian. Would you want the State to force people to have their blood extracted if there were patients in hospitals requiring blood to survive, but not enough supply? A person who replies yes is not a libertarian; a person who replies not, but is fine with prosecuting doctors or patients for performing or seeking abortions is a hypocrite.
I explicitly said women should never be charged with a crime for seeking or attempting an abortion. I said doctors should be charged for performing an illegal abortion since they’re directly harming the fetus. Doctors would know where this line is, which must meet be after the first 20 weeks or after the mother knows the gender, and is not medically necessary.
I’ll say it again too be clear, mothers should never be charged with attempting to abort their own pregnancy. Ever.
It’s a good thing I answer no to your question. Doctors can be charged with malpractice, and that’s what I see this as, it’s like euthanizing an unwilling patient (I’m in favor of legalizing consensual euthanasia and doctor assisted suicide though). The fetus hasn’t consented and cannot consent, so doctors are responsible for preserving its life where possible.