Thread: Rape and incest are the hand of the Almighty Board: Oblivion / Ship of Fools.
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Posted by teddybear (# 7842) on
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Wasn't sure if this should be posted here or in Hell, but since it is directly related to anti-abortion legislation decided to put it here. If Hell is a better place for this, feel free to move it.
I am totally speechless about this. In particular this quote: quote:
The Idaho bill’s House sponsor, state Rep. Brent Crane, R-Nampa, told legislators that the “hand of the Almighty” was at work. “His ways are higher than our ways,” Crane said. “He has the ability to take difficult, tragic, horrific circumstances and then turn them into wonderful examples.”
Another article about the bill .
Posted by LutheranChik (# 9826) on
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So the inscrutable ways of the Almighty are made manifest via rape and incest but not via abortion...or, one suspects, via the activities of the political opposition.
As the Church Lady on "Saturday Night Live" used to say, "Well, isn't that convenient? "
PS Also a reason not to look to politicians for theological profundity.
[ 10. April 2011, 17:51: Message edited by: LutheranChik ]
Posted by Bran Stark (# 15252) on
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Um I hardly think it's a novel assertion that God can use the fruits of foul deeds to bring about His will. From the last chapter of Genesis:
And Joseph said unto them, "Fear not: for am I in the place of God? But as for you, ye thought evil against me; but God meant it unto good, to bring to pass, as it is this day, to save much people alive."
Posted by Horseman Bree (# 5290) on
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I guess I don't believe in the God he believes in.
Or is it just one more reason not to be associated with publicity-oriented Christians?
Posted by LutheranChik (# 9826) on
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I'd wager that this politicians "pro-life" scruples don't extend to killing post-born children in the context of, say, war, poverty, pollution, etc.
Posted by pjkirk (# 10997) on
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Croesos'
quote:
Pro-life*
*offer expires at birth
seems slightly appropriate here.
Posted by Louise (# 30) on
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Is this grandstanding which is likely to be struck down in the courts or is there any real prospect that they can get away with this?
L.
Posted by pjkirk (# 10997) on
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quote:
Originally posted by Louise:
Is this grandstanding which is likely to be struck down in the courts or is there any real prospect that they can get away with this?
L.
Very possibly the latter. The states are allowed to restrict abortions only on certain grounds, and one of those is viability. Most states have their laws written directly as such, but some set week limits on them. They'll have a very hard time, imo, arguing that 20 weeks is old enough for a child to be considered viable. 24 or 25 weeks would be a more defensible cutoff. Their rationale for choosing 20 weeks doesn't lend itself to a ready defense.
Looking at http://www.guttmacher.org/statecenter/spibs/spib_OAL.pdf , this would certainly be at the extreme end, though North Carolina also has the law state 20 weeks (may not be enforced, according to the pdf). Another site says that no state has tried to defend the specific week requirements in court yet, so this may be somewhat uncharted waters still.
The lack of provision for rape victims etc also appears to not have hit high courts. From the pdf:
quote:
Public Funding: 17 states use their own funds to pay for all or most medically necessary abortions for Medicaid
enrollees in the state. 32 states prohibit the use of state funds except in those cases when federal funds are available:
where the woman’s life is in danger or the pregnancy is the result of rape or incest. In defiance of federal
requirements, South Dakota limits funding to cases of life endangerment only
This makes me think that the limitations may not be something that Idaho can uphold. It would depend on the specifics of the new law and Roe v. Wade, etc,.... At the least, it looks like they can't block a medicaid patient from getting an abortion for these reasons past 20 weeks.
Honestly, with the current Supreme Court, I'm not sure how a case would filter through. I personally think they'd dodge the case.
I also just learned that my state has the fewest restrictions on abortion. I doubt it's ever come up as an issue here politically - I'll have to dig through the state senate database sometime perhaps. I certainly haven't heard about it at state level in the last 15 years.
Posted by Beeswax Altar (# 11644) on
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We will know when Anthony Kennedy decides in the next couple of years.
It's possible. I wouldn't be surprised either way. My guess would be...probably.
Posted by Beeswax Altar (# 11644) on
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x posted with pjkirk
The important case to consider is not so much Roe v. Wade but Planned Parenthood v. Casey. Kennedy voted twice to uphold bans on partial birth abortion even when it didn't include a provision for protecting the life of the mother. The rape part of the law will probably not be an issue. The question is the ban in the second trimester. He could go either way on that but my guess is he defers to the states.
On the larger issue, rape is an interesting conundrum for the pro-lifers. Most of them favor allowing abortions for victims of rape. However, who decides if shes a victim of rape? If an actual conviction is necessary, viability becomes an issue.
Perhaps, that is the real reason for the Idaho decision.
Posted by joan knox (# 16100) on
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'The Handmaid's Tale' suddenly springs to mind. This has all the hallmarks of the dawning of a Republic of Gilead...
Posted by LutheranChik (# 9826) on
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quote:
However, who decides if she's a victim of rape?
Oh, dear...we mustn't have the actual rape victim categorizing herself as such.
Let's pull out Teh Bibel! Yeah -- she needs male WITNESSES to confirm that it was a rape.
Otherwise she's just another loose woman who needs to be stoned to death (but not while pregnant, because that would be wrong).
Posted by mousethief (# 953) on
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quote:
Originally posted by LutheranChik:
quote:
However, who decides if she's a victim of rape?
Oh, dear...we mustn't have the actual rape victim categorizing herself as such.
Actually, didn't the GOP in some state (Montana, I'm thinking?) float a bill to not allow a woman to say she'd been raped unless and until her alleged rapist was convicted?
Posted by LutheranChik (# 9826) on
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Some flyover bastion of anti-women right-wingers.
Posted by Crœsos (# 238) on
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quote:
Originally posted by Beeswax Altar:
We will know when Anthony Kennedy decides in the next couple of years.
It's possible. I wouldn't be surprised either way. My guess would be...probably.
If we use the Carhart II decision (the most recent U.S. Supreme Court decision touching abortion) they'd probably uphold such a law, if passed. The Roberts Court has adopted a form of minimalism to hollow out statutes it doesn't like without actually overturning them. In other words, while abortion remains legal and, in the terms set out in Casey, may not be subjected to restrictions that cause an "undue burden", the probability that the Roberts Court would find any specific burden "undue" is close to zero.
Posted by Beeswax Altar (# 11644) on
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quote:
Originally posted by LutheranChik:
quote:
However, who decides if she's a victim of rape?
Oh, dear...we mustn't have the actual rape victim categorizing herself as such.
Let's pull out Teh Bibel! Yeah -- she needs male WITNESSES to confirm that it was a rape.
Otherwise she's just another loose woman who needs to be stoned to death (but not while pregnant, because that would be wrong).
That would be one possibility to consider.
Does she have to report the rape to somebody other than the abortion clinic? I'm thinking that won't be acceptable most pro-lifers. On the other hand, most of them accept women can have an abortion if she is raped? Is reporting the incident enough? Does she need a doctor to say conclusively she's been raped? How about a district attorney, grand jury, or ultimately a jury?
Depending on how you phrase it, a rape exemption can either be a loophole for extending the status quo or ultimately meaningless. Technically, the same thing can be said about the life of the mother. To me, you have to say abortion should be legal or it isn't. Trying to carve out those three exemptions isn't really practical.
Posted by mousethief (# 953) on
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That's a good reductio, BA. It is inhuman to force a woman to bring to term a child gotten on her by rape. But there is no objective way to tell that. But we can't have these kinds of exceptions; it either has to be all one way or all the other way.
Therefore abortion should be legal for all.
Posted by Beeswax Altar (# 11644) on
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or take the position of the politician from Idaho
Donald Trump decided he was pro-life. The Donald was pro-choice. Then, he met people who didn't want children, had children, and loved them. It changed his mind. That and deciding to run for president as a Republican.
Posted by sharkshooter (# 1589) on
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quote:
Originally posted by mousethief:
It is inhuman to force a woman to bring to term a child gotten on her by rape. But there is no objective way to tell that. But we can't have these kinds of exceptions; it either has to be all one way or all the other way.
Therefore abortion should be legal for all.
Of course, with a small change in assumption, that reads:
quote:
It is inhuman to force a woman to bring to term a child gotten on her by rape. It is also inhuman to kill an unborn child. But we can't have these kinds of exceptions; it either has to be all one way or all the other way.
Therefore abortion should be illegal for all.
Of course, I am in neither camp. I believe there can be exceptions. I believe that love does, on an extreme exception basis (like the rape situation), provide, not permission, but forgiveness.
Posted by mousethief (# 953) on
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quote:
Originally posted by sharkshooter:
quote:
Originally posted by mousethief:
It is inhuman to force a woman to bring to term a child gotten on her by rape. But there is no objective way to tell that. But we can't have these kinds of exceptions; it either has to be all one way or all the other way.
Therefore abortion should be legal for all.
Of course, with a small change in assumption, that reads:
quote:
It is inhuman to force a woman to bring to term a child gotten on her by rape. It is also inhuman to kill an unborn child. But we can't have these kinds of exceptions; it either has to be all one way or all the other way.
Therefore abortion should be illegal for all.
Hmm. You missed out the "inhuman" part. That was an essential part of my argument. There was an enthymeme: we should not do things that are inhuman. I thought we would all agree to that. Guess not.
Posted by Crœsos (# 238) on
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quote:
Originally posted by mousethief:
Hmm. You missed out the "inhuman" part. That was an essential part of my argument. There was an enthymeme: we should not do things that are inhuman. I thought we would all agree to that. Guess not.
[tangent] I've noticed that the things bearing the descriptor 'inhuman' are often things that only humans do (or that only humans do on that scale). [/tangent]
Posted by mousethief (# 953) on
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quote:
Originally posted by Crœsos:
[tangent] I've noticed that the things bearing the descriptor 'inhuman' are often things that only humans do (or that only humans do on that scale). [/tangent]
Yes, I believe that is the point of the adjective. Otherwise you'd use something like non-human.
Posted by Bran Stark (# 15252) on
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quote:
Originally posted by Beeswax Altar:
Depending on how you phrase it, a rape exemption can either be a loophole for extending the status quo or ultimately meaningless. Technically, the same thing can be said about the life of the mother. To me, you have to say abortion should be legal or it isn't. Trying to carve out those three exemptions isn't really practical.
I agree, and hence fall into the "total abolition in all cases" camp. I'm guessing that quite a few others stand with me, but put on the life and rape exceptions in order to present a respectable face to the world.
quote:
Originally posted by sharkshooter:
Of course, I am in neither camp. I believe there can be exceptions. I believe that love does, on an extreme exception basis (like the rape situation), provide, not permission, but forgiveness.
Legal forgiveness or spiritual forgiveness?
Posted by sharkshooter (# 1589) on
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quote:
Originally posted by Beeswax Altar:
... However, who decides if shes a victim of rape? If an actual conviction is necessary, viability becomes an issue.
...
I think there are ways to assist the doctor in making the determination. I doubt a conviction is a realistic line to draw in the sand, partly because time would be of the essence, and partly because of the need to protect the mother. That being said, an ad hoc committee comprised of medical, legal, law enforcement officials could evaluate the cases and provide advice. I would expect the doctor makes the final call, or it could require a consensus of the committee.
The number of rape/pregnancy cases is likely very small, so the committee approach is reasonable.
Posted by Beeswax Altar (# 11644) on
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So, you are willing to make an exception for rape. However, a board decides if it is rape or not? If the board says it isn't a rape and it is, you force the woman to carry the baby to term and call her a liar on top of that. This defeats the purpose of having an exception. If the board says it is a rape and it isn't, a fetus is aborted that shouldn't be which defeats the purpose of banning abortion in the first place.
Posted by Crœsos (# 238) on
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Plus there's the the squicky misogyny of a "We'll Tell You if You Were Raped, Young Lady" Board.
Posted by OliviaG (# 9881) on
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And in Canada, hospital abortion committees were struck down years ago. OliviaG
Posted by mousethief (# 953) on
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quote:
Originally posted by Crœsos:
Plus there's the the squicky misogyny of a "We'll Tell You if You Were Raped, Young Lady" Board.
Oh good, it's not just me.
Posted by sharkshooter (# 1589) on
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It seems you all misread my post. The doctor decides, on advice of a board of professionals.
That being said, to not allow the exception ever seems worse. If you prefer for all rape/pregnancy cases to force the woman to carry to term, fine. I was looking for an out, which it seems you all reject out of hand. For me the option of abortion on demand is never on the table. Likewise, a claim of rape must be reviewed to some degree. What constructive ideas does anyone else have on how to do it?
Posted by North East Quine (# 13049) on
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I see that the bill also bans termination on the grounds of fetal abnormality post 20 weeks (the time when most such abnormalities are picked up by scan here.)
I've been in this situation and chose to carry our baby to term, but I fully support those who choose to terminate. In the event our baby was still born, but during the pregnancy, when we were planning for the birth of a baby with gross skeletal deformity, it was obvious that the costs were going to be massive; the hospital were assuming that after the birth our baby would spend weeks, possibly 3 months in the Special Care Baby Unit, initially high dependency. He may well have faced several operations through his childhood. All this would have been paid for by the NHS (thank-you, British taxpayers!!) Also, it was unlikely that I'd work again in our son's lifetime, so I'd have been claiming state benefits as a carer, plus state benefits for our son as a disabled person.
How does this work in America - what provisions are made for the massive medical and social costs of a baby like this?
Posted by sharkshooter (# 1589) on
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quote:
Originally posted by Beeswax Altar:
... If the board says it is a rape and it isn't, a fetus is aborted that shouldn't be which defeats the purpose of banning abortion in the first place.
No system is perfect, and allowing abortion on demand is one of those. If we allow abortion on demand, in case there is one situation where it should be allowed, we allow thousands of improper abortions for the sake of one proper one. In my way of thinking, we should make laws that fit the majority of cases, and allow exceptions for the exceptional.
A case wouldn't come to the board unless there is a claim of rape. So, the initial onus is on the mother.
As I said, if the only option is for all to carry to term, fine.
My assumption would be that if a rape had been reported to a psychologist, the police, a doctor, a minister and/or family members, the board would take that into consideration. If it had never been reported to anyone, they would also take that into consideration. So the decision is not the people sitting on the board in a vacuum (and I would hope there would be a significant number of women on the board, possibly 100%).
Posted by North East Quine (# 13049) on
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quote:
if the only option is for all to carry to term, fine.
No, it's not fine. Rape and incest are crimes; which other victims of crime does the senator regard as being in a situation in which they might be "wonderful examples". Suppose he was criminally injured in some way. Would he expect that he'd be able to get assistance to minimise the impact of the crime? Or would he prefer to have the injury impact on the rest of his life in the hope that he'd be a "wonderful example"?
Posted by sharkshooter (# 1589) on
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quote:
Originally posted by North East Quine:
..No, it's not fine. ...
Which is why I was exploring options. Duh!
If there is a field of wheat with some weeds in it, do you burn down the whole field to kill the weeds?
If Osama bin Laden is in Afganistan, do you carpet bomb the whole country with nukes?
No. Of course not. Likewise, I don't believe allowing abortion on demand is the answer to the rare case of rape/pregnancy. You make the rule for the majority, and allow for exceptions when they must be made.
Posted by North East Quine (# 13049) on
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Sharkshooter, I'm just musing here. When I was pregnant with our ultimately-stillborn child, the medical advice was to terminate. In fact, I was still being offered a termination at 7 months pregnant which was distressing. At least one doctor thought my husband and I were "in denial" so I'm not sure what a psychologist would have made of me.
My husband and I felt we were having to second guess the medical staff. If we got upset, then the staff suggested we couldn't cope. If we put a brave face on, then we were in denial. We were trying to choose a way of presenting ourselves which made our choice to have our baby seem acceptable.
I'm trying to imagine handing the decision of the outcome of my pregnancy to a panel of professionals. Now, husband and I are both university educated and well able to argue our corner. And the hospital care was uniformly excellent. But I knew that the health professionals didn't agree with our decision to continue with the pregnancy. I'm trying to imagine a situation when I didn't have a supportive husband and felt my life choices were out of my hands and in the hands of a professional panel. I think I would have been terrified. I don't think I would have trusted them to make the right decision. So I have huge sympathy for the woman in exactly the reverse situation - the woman carrying a child she doesn't want to bear, knowing that the decision will be made for her by a panel. I imagine a rape victim would do what we did, try to come up with a narrative, maybe not strictly accurate, that would produce the desired result.
Does that make sense?
(Edited to add - this is in no way a criticism of our medical care or any of the hospital staff. They were excellent, and we're grateful for their care.)
[ 12. April 2011, 12:29: Message edited by: North East Quine ]
Posted by Liopleurodon (# 4836) on
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TBH, I'm thinking that in a great many cases, the trauma of having to go before a board to persuade people that you were actually raped, combined with the trauma of the uncertainty about their response (and probably delays in getting this all sorted - professionals can't fit these things into their diary at short notice) and the trauma of the rape itself (and all the stress about whether or not to report), would probably be enough to persuade women to go back to backstreet abortionists to forego the whole thing, even at the risk of their own lives.
The people most likely to be able to cope with it (the board scenario) are women who haven't been raped but are prepared to lie in order to get the abortion - with all the consequences that might occur for the father of the child.
Then of course, you get a few cases where the lies fall through and suddenly every woman who is raped and wants an abortion is automatically seen as a liar. Adding more trauma.
Not to mention that unless you can persuade all doctors that abortion is wrong (which I doubt you'll ever do) there will be many members of these boards who think the law is an ass and will certify rape as a rubber stamp action in all cases, just as there have always been doctors who are prepared to say that the mother's mental health is threatened in all cases.
ISTM you're likely to get the worst possible outcomes in a great many respects.
Posted by Louise (# 30) on
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quote:
Originally posted by North East Quine:
I see that the bill also bans termination on the grounds of fetal abnormality post 20 weeks (the time when most such abnormalities are picked up by scan here.)
I've been in this situation and chose to carry our baby to term, but I fully support those who choose to terminate. In the event our baby was still born, but during the pregnancy, when we were planning for the birth of a baby with gross skeletal deformity, it was obvious that the costs were going to be massive; the hospital were assuming that after the birth our baby would spend weeks, possibly 3 months in the Special Care Baby Unit, initially high dependency. He may well have faced several operations through his childhood. All this would have been paid for by the NHS (thank-you, British taxpayers!!) Also, it was unlikely that I'd work again in our son's lifetime, so I'd have been claiming state benefits as a carer, plus state benefits for our son as a disabled person.
How does this work in America - what provisions are made for the massive medical and social costs of a baby like this?
I notice you didn't get an answer to that. I suppose we're back to Croesus' "offer expires at birth".
L
Posted by sharkshooter (# 1589) on
:
quote:
Originally posted by Liopleurodon:
...
ISTM you're likely to get the worst possible outcomes in a great many respects.
Worse case from your point of view is that all rape/pregnancy situations must carry to full term. Worse case from my point of view is abortion on demand. My proposal would see some (hopefully most or all) the victims of rape/pregnancy have the option to terminate. How is that worse than either extreme?
Posted by mousethief (# 953) on
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quote:
Originally posted by Louise:
quote:
Originally posted by North East Quine:
How does this work in America - what provisions are made for the massive medical and social costs of a baby like this?
I notice you didn't get an answer to that. I suppose we're back to Croesus' "offer expires at birth".
The answer, of course, is that no provisions are made, and the parents are on the hook for the full cost. It may be that they are covered by insurance, if lucky. If they are really lucky the insurance will have maximum out-of-pocket caps which means they will be able to come out of it without going bankrupt. Odds are slightly better, however, that they will in fact go bankrupt, and still probably not get all the medical care the child needs; I would say the prognosis for the child would not be good, even if it could have survived and throve (thriven?) in a civilized country with universal coverage.
In short, offer expires at birth. The most strident abortion foes are also the people most violently opposed to extending health care to the "least of these." Go figure. Offer expires at birth.
Posted by LutheranChik (# 9826) on
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What happens in America is...the family is reduced to indigency in order to qualify for Medicaid; and then must stay indigent in order for Medicaid to continue paying for the child -- families can only have about $2,000 in assets, plus one vehicle and their house -- the latter, in most states, destined to be taken over by the state upon the death of the Medicaid recipient; at least that's true in the case of older people.
So basically state-enforced poverty, in return for medical care for the disabled child, is how it works here. There's a Puritanical streak in the American political psyche that tends to want to punish people in financial straits for needing help.
Posted by mousethief (# 953) on
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quote:
Originally posted by LutheranChik:
What happens in America is...the family is reduced to indigency in order to qualify for Medicaid; and then must stay indigent in order for Medicaid to continue paying for the child -- families can only have about $2,000 in assets, plus one vehicle and their house -- the latter, in most states, destined to be taken over by the state upon the death of the Medicaid recipient; at least that's true in the case of older people.
So basically state-enforced poverty, in return for medical care for the disabled child, is how it works here. There's a Puritanical streak in the American political psyche that tends to want to punish people in financial straits for needing help.
You missed the GOP-sponsored spending bill currently before congress. Kiss Medicaid goodbye.
Posted by LutheranChik (# 9826) on
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"Are there no workhouses? Are there no prisons?"
Posted by Timothy the Obscure (# 292) on
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Prisons we got...
Posted by Leaf (# 14169) on
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quote:
Originally posted by Bran Stark:
And Joseph said unto them, "Fear not: for am I in the place of God? But as for you, ye thought evil against me; but God meant it unto good, to bring to pass, as it is this day, to save much people alive."
Please note a Very Large Difference between the Scripture quote and the OP: In the story of Joseph, this theology is presented as being Joseph's interpretation of his own suffering. To interpret your own experience of suffering in this way is one thing. To interpret someone else's experience of suffering this way is callous, horrible, unethical.
The politician mentioned in the OP might have been trying to proclaim something of God, but it comes across as a bullshit-frosted way of saying, "Suck it up, buttercup."
Posted by North East Quine (# 13049) on
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Thank you, mousethief and LutheranChik.
So, if I was in America, I'd probably have chosen to terminate post 20 weeks, if we couldn't have afforded the massive costs involved in giving our precious baby a fighting chance of a life.
Obviously I'm seeing the abortion debate from a slightly unusual viewpoint, being pro-choice but having chosen, myself, not to terminate. Having been in this situation, I have inevitably had others approach me with their story and the aspect I've learned from this is the sheer love and compassion which compels many people to abort their precious babies.
Perhaps it is a lack of faith that God will make "wonderful examples" of their children; but are the pro-life lobby working towards the "wonderful examples? And, to return more directly to the OP, are they campaigning for support for the rape victim upon whom they'd foist single parenthood? Single parenthood is tough, especially if the woman explicitly didn't want to be pregnant in the first place; how would they make it easier? How do they support the child growing up knowing they were the result of a crime of violence?
Posted by LutheranChik (# 9826) on
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NEQ: One of my former coworkers had a severely physically handicapped son who has had to spend his life in a wheelchair, who needs an attendant 24/7, needed at-home schooling, a series of painful and dangerous operations, etc. Because in this country one has to be absolutely poverty-stricken in order to receive assistance with this level of medical services, he and his wife divorced. That brought her income down to the indigency level demanded by Medicaid in order for her son to get the care he needs.
It's a fairly common scenario -- families who have to break up in order for a disabled child to receive help.
That's how "the greatest country in the world" treats families with seriously handicapped children.
[ 13. April 2011, 11:41: Message edited by: LutheranChik ]
Posted by North East Quine (# 13049) on
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That's appalling, LutheranChik. Thank you for your reply.
Posted by art dunce (# 9258) on
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We are called upon to take up our own cross not to go around foisting them upon others.
Posted by Taliesin (# 14017) on
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sorry, art dunce, but what on earth do you mean by that?
It almost sounds as if you think a family should be entirely responsible for things they can't possibly do...
I've probably misunderstood you. But in a culture where people aren't expected to sit down with a severely disabled baby/child and allow him or her to die in their arms (and that's a whole other debate) Just as people, generally, are expected to get treatment for a whole raft of things people used to just die of, and indeed still do in (two-thirds?) of the world, then it has nothing to do with carrying your own cross.
I think, actually, Jesus had something to say about 'whatever you failed to do for the least of these, you failed to do for me'?
Posted by LutheranChik (# 9826) on
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Not to mention, "Bear one another's burdens..."
Perhaps A-D has confused Jesus and the Apostles with Ayn Rand. That happens a lot in certain political circles.
Posted by art dunce (# 9258) on
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Not at all. The topic at hand is rape and incest being the hand of G-d and the resulting pregnancy if there is one being part of some plan. I was raised in a world where the response to this and other such events was " it's your cross to bear". It seems part of many people's theology to habitually going around deciding this for others Instead of allowing that we are to choose this for ourselves. I don't quite get the lack of generosity in your response though. I will bow out.
Posted by pjkirk (# 10997) on
:
quote:
Originally posted by art dunce:
I don't quite get the lack of generosity in your response though. I will bow out.
I think they focused on the first part, and thought you were essentially echoing the politician in the OP. Rather than the reverse, which seems to be how you meant it (focus on the latter half).
Posted by mousethief (# 953) on
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There is a vocal minority in the US political debate over health care who say that people should not be taxed at any amount over what they want, and in particular that the hoi polloi should not be able to tell the superrich what they should pay. These people say that our Lord's command was to help the poor with our own money, not with somebody else's, and that taxing the superrich to help the poor is against the Biblical command to not steal.
In such a context, saying we're not to go around foisting crosses on others looks very much like a complaint about the first-world health care delivery system the US lacks and that the Health Care Affordability Act was a first step in moving towards. Now maybe art dunce is unaware of the parameters of the debate about public health care funding in US Christian circles. But I think for that reason a little sensitivity needs to go both ways. AD's post is exceedingly ambiguous, but once it is sorted out which way he meant it, there's no reason the conversation can't continue on without smooshed toes or "bowing out" on either side.
Posted by John Holding (# 158) on
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I thought Art Dunce was perfectly clear -- we are not meant to place burdens on other people. And in the context of the OP, not to call on other people to suffer for our principles and beliefs.
I'm honestly amazed that anyone could have interpreted his/her initial post in any other way.
John
Posted by Jessie Phillips (# 13048) on
:
quote:
Originally posted by John Holding:
I thought Art Dunce was perfectly clear -- we are not meant to place burdens on other people. And in the context of the OP, not to call on other people to suffer for our principles and beliefs.
I'm honestly amazed that anyone could have interpreted his/her initial post in any other way.
Yes but I for one can see how it can be interpreted in more than one way.
From the context of the OP, it looks like it's Brent Crane who's foisting his cross on others, by insisting that tragic and horrifying rapes and incest are the Hand of the Almighty, and that rape and incest victims should therefore carry their child to full term.
But from the context provided by LutheranChik two posts up, it looks like it's LutheranChik's co-workers who are foisting their cross on others - by apparently putting themselves into deliberate poverty so as to qualify for Medicaid.
How could it possibly be that both of these things can be thought of as foisting your cross on others? Hmm, I don't know. Bit of a conundrum, that. Surely it's got to be one or the other, no?
Personally, I'm of the opinion that the extent to which it's really fair to stitch people up for foisting their crosses on others, does depend on their circumstances at the time they do said foisting. I dare say that the Medicaid claimants probably had less alternative options to their "foisting" than the elected representative had to his.
Posted by anoesis (# 14189) on
:
quote:
Originally posted by John Holding:
I thought Art Dunce was perfectly clear -- we are not meant to place burdens on other people. And in the context of the OP, not to call on other people to suffer for our principles and beliefs.
I'm honestly amazed that anyone could have interpreted his/her initial post in any other way.
John
Ditto. It made perfect sense to me as well.
Posted by Apocalypso (# 15405) on
:
To go back to an issue raised earlier, how does a doctor determine whether or not a rape has occurred? Last I checked, rape was not a medical condition, but a legal one.
As to Lutheranchik's post, I work with people with significant disabilities, some of whom live with their families.
In my state, the "model" *cough, cough* for care for people with disabilities is the family unit. While folks are young and still in school, this may work out reasonably well, although no one should dismiss the extraordinary strains that disability in a family member can place on a marriage, on income and earnings, and on siblings.
Once disabled kids "age out" of school, however, there's no guarantee that person will receive any services; state funding in my state has never risen to the need. Many disabled people adults end up on wait lists, living at home.
This often means that one parent can no longer work; someone has to be in constant care and supervision over the disabled person. It can also split marriages up, with the custodial parent forced onto welfare, as (usually she) must care for the now-adult child who's on a years-long waitlist for services or placement.
And ultimately it leads to the situation which crossed my desk last week: a 78-year-old widow caring for a 52-year-old nonverbal son in diapers. She is no longer able to lift and turn him. She has been caring for him full-time for more than half-a-century. Yet I never hear anyone asking about her right to some sort of life.
Posted by Jessie Phillips (# 13048) on
:
quote:
Originally posted by Apocalypso:
To go back to an issue raised earlier, how does a doctor determine whether or not a rape has occurred? Last I checked, rape was not a medical condition, but a legal one.
That'll be the elephant in the room. The only solution to that problem, in my opinion, is to admit that there should be more than one standard by which a woman can be deemed as having been raped.
If the decision that a woman has been raped may result in a potentially innocent person being imprisoned for a long time, or punished some other way, then the standard of evidence to prove that she has been raped should rightfully be quite high.
But on the other hand, if the decision that a woman has not been raped may result in a woman not being able to get a termination for a pregnancy when she really has been raped, then the standard should rightfully be quite low.
So you may have a situation in which the evidence that a woman has been raped is strong enough to allow her to get a termination - but it's not strong enough to result in a criminal conviction.
I suspect that hard-line feminists won't like that, because they won't like the idea that the question of whether someone has been raped or not might sometimes be blurry. But I don't see why it should pose a problem for the rest of us.
Then again, hard-line feminists are likely to use the fact that huge numbers of women qualify as "rape victims" under the lower standard, to argue that the number of rape convictions is pitifully small, and - cue the cliché - "something should be done about it". And it can be very hard to put the counter-argument that there may in fact be very good reasons for having two or more standards for judging whether someone has been raped or not, and that the system should therefore be kept as it is. And that the system really isn't misogynistic, and that something really should not be done about it.
This means that such a system is inherently unstable, and is unlikely to stick for a particularly long time without politicians meddling with it. Then again, perhaps I underestimate the electorate's ability to cope with finely reasoned arguments, or the ability of politicians to delivery such arguments.
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Jessie Phillips:
I suspect that hard-line feminists won't like that, because they won't like the idea that the question of whether someone has been raped or not might sometimes be blurry. But I don't see why it should pose a problem for the rest of us.
I suspect they wouldn't like it because such a system makes the same assumption rapists do, namely that someone else gets to decide for women what they do with their bodies regardless of their own preferences.
Posted by LutheranChik (# 9826) on
:
Substitute "any self-respecting female" for "hard-line feminist." Unless that line is blurry in some male minds.
Posted by Jessie Phillips (# 13048) on
:
quote:
Originally posted by Crœsos:
I suspect they wouldn't like it because such a system makes the same assumption rapists do, namely that someone else gets to decide for women what they do with their bodies regardless of their own preferences.
<tangent>
The thing that I find most intriguing about the fact that feminists make such a big song and dance about whether rapists respect the decisions of women or not, is that it presupposes that women are somehow less capable than men of getting the martial arts self-defence training they need to be able to fight the rapists off for themselves. The assumption is that the law should be providing that protection for them.
Snag is, as it stands, most of the front line operatives of that law, in most jurisdictions, are men. This is particularly true of the operatives that are chosen to deal with sex offenders. Police and probation services routinely exclude their own female staff from working with sex offenders, for the simple reason that women are not thought to be up to it. Why? Because feminist rhetoric tells them so!
Feminist rhetoric teaches that women deserve to be protected against the risk of rape. You therefore can't put a woman in a position where she is responsible for protecting people against sex offenders - because that would mean that if she failed in that responsibility, then any resulting rape might be considered to be at least indirectly the fault of that woman. And rape must never ever be thought of as a woman's fault in any way whatsoever.
As a result, feminist rhetoric has the side-effect of casting men in the role of the chivalrous protectors of women against the threat of rape. This results in the perpetuation of male dominance of women.
</end of tangent>
Getting back to the topic, it's clear to me that having two separate standards of evidence would open a big can of worms. People really do seem to struggle to think about rape in anything other than stark black-and-white terms; either a rape has happened, or it hasn't. People just can't cope with uncertainty, it seems.
Perhaps the idea that they might be able to cope with that uncertainty is a lost cause.
That's why I'm inclined to the idea that the standard of evidence required to convict someone of rape should remain high - but that availability of abortion should continue to be a free-for-all.
However, if it's necessary to charge fees for those abortions, then perhaps it's not a bad idea to give discounts to those who have attended martial arts classes.
Posted by Jessie Phillips (# 13048) on
:
quote:
Originally posted by Jessie Phillips:
However, if it's necessary to charge fees for those abortions, then perhaps it's not a bad idea to give discounts to those who have attended martial arts classes.
Hmm. On second thoughts, perhaps abortion fee discounts for martial arts students is not such a good idea, because it might mean that competent fighters are ever so slightly less likely to breed than unfit people.
Whilst I believe that it's never a woman's fault if she is raped, on the other hand, I believe that a competent fighter is far more likely to be able to defend herself successfully than a lazy slob.
For that reason, I think it's right to bring economic incentives to bear, to get women to toughen up a bit, so that women might be able to fight the rapists off for themselves, rather than rely on men to do that fighting for them. A truly self-respecting woman wouldn't want it any other way, in my opinion.
But perhaps there are better ways of doing that than abortion fee discounts.
Posted by AmyBo (# 15040) on
:
So if a woman is raped, and she didn't take adequate martial arts classes, or maybe dithered her time away in Yoga, it's her fault that she didn't defend herself sufficiently?
What if she was manipulated emotionally- should she have been taking classes on self-esteem?
Does this support the argument in Italy years ago that a woman wearing jeans cannot be raped as they're too hard to get off?
What about those rape survivors that are men- were they automatically able to defend themselves as men but failed their manliness testing by allowing the rape?
I'm having a hard time understanding the premise that it is a woman's duty to defend herself rather than the attacker's duty to knock it off.
[ 29. April 2011, 07:08: Message edited by: AmyBo ]
Posted by North East Quine (# 13049) on
:
Orlly posted by Jessie Phillips:
quote:
women are somehow less capable than men of getting the martial arts self-defence training they need to be able to fight the rapists off for themselves. The assumption is that the law should be providing that protection for them.
Ignoring the "rape" aspect for a moment; most victims of violence are young men in their late teens/ early twenties, on a Friday / Saturday night when either they've been drinking, or they're having a night out which brings them into contact with others who have ben drinking.
Should we just say that young men are, somehow, less capable of walking away from trouble, or less capable of spotting it and avoiding it than women and that the onus should be on them to go to classes in how not to be young, male and a bit reckless?
No, we assume that the law should be providing protection for them, we assume that there will be police out and about on Friday and Saturday nights.
How far should be go with "blame the victim?" What about the elderly person who keeps large sums of cash on them or in their house because they don't have a computer and can't do online banking? There are classes for computer literacy, granny! If you don't want to be mugged collecting your pension, wise up and take the classes!!
Posted by Crœsos (# 238) on
:
quote:
Originally posted by Jessie Phillips:
<tangent>
The thing that I find most intriguing about the fact that feminists make such a big song and dance about whether rapists respect the decisions of women or not, is that it presupposes that women are somehow less capable than men of getting the martial arts self-defence training they need to be able to fight the rapists off for themselves. The assumption is that the law should be providing that protection for them.
Wow. Just, wow. In all the debates like this I don't think I ever remember anyone suggesting that women shouldn't be protected by the law, so that's a first. Of course, this kind of victim blaming is common among rape apologists. "She should have fought harder" is right up there with "look how she was dressed", but the main purpose of these kind of arguments is not to build a case but rather to shift focus to the victim so that the rapist(s) vanish from the picture entirely.
Posted by mousethief (# 953) on
:
Isn't the whole effing POINT of criminal law to protect us from each other?
Posted by earrings (# 13306) on
:
Originally posted by Jessie Phillips
quote:
<tangent>The thing that I find most intriguing about the fact that feminists make such a big song and dance about whether rapists respect the decisions of women or not, is that it presupposes that women are somehow less capable than men of getting the martial arts self-defence training they need to be able to fight the rapists off for themselves. The assumption is that the law should be providing that protection for them.
Snag is, as it stands, most of the front line operatives of that law, in most jurisdictions, are men. This is particularly true of the operatives that are chosen to deal with sex offenders. Police and probation services routinely exclude their own female staff from working with sex offenders, for the simple reason that women are not thought to be up to it. Why? Because feminist rhetoric tells them so!
Feminist rhetoric teaches that women deserve to be protected against the risk of rape. You therefore can't put a woman in a position where she is responsible for protecting people against sex offenders - because that would mean that if she failed in that responsibility, then any resulting rape might be considered to be at least indirectly the fault of that woman. And rape must never ever be thought of as a woman's fault in any way whatsoever.
As a result, feminist rhetoric has the side-effect of casting men in the role of the chivalrous protectors of women against the threat of rape. This results in the perpetuation of male dominance of women.
</end of tangent>
Surely any decent person would feel that women deserve to be protected against the risk of rape. Although there are feminist arguments around rape and its perpetration and the reasons why some men feel it approprriate to seek sexual gratification in that way that is surely not the point. Rape is a vile thing to do to anyone. All women should be able to feel safe from it. It is not placing ourselves under the "protection of chivalrous men" to ask of society that it condemns rape and takes it seriously.
Women can work in ways to protect other women against rape and in fact do so. If protection measures fail, whether protection is done by men or women it is not the fault of the protectors but the perpetrator.
To blame "feminist rhetoric" for society's failure fully to accept the horror of rape is frankly laughable.
Posted by mousethief (# 953) on
:
quote:
Originally posted by earrings:
To blame "feminist rhetoric" for society's failure fully to accept the horror of rape is frankly laughable.
I find it far more angering than funny, but I take your point.
Posted by Apocalypso (# 15405) on
:
Also, out of curiosity, does anyone have stats on how effectively martial arts training protects women from gang-rape? Or from single rapists armed with a gun?
And of course, only young, fit women without significant handicaps & therefore able to do martial arts training are at risk of rape.
Posted by Louise (# 30) on
:
quote:
Originally posted by Apocalypso:
Also, out of curiosity, does anyone have stats on how effectively martial arts training protects women from gang-rape? Or from single rapists armed with a gun?
And of course, only young, fit women without significant handicaps & therefore able to do martial arts training are at risk of rape.
Well that entire post was an evidence-free zone, full of unsupported assertions, so I wouldn't hold your breath waiting for the poster to back it up.
L.
Posted by Curiosity killed ... (# 11770) on
:
There is a hell thread should anyone else want to respond more emphatically.
Posted by Crœsos (# 238) on
:
Going back to the OP, it appears the U.S. Congress agrees with Jessie that some rapes are rape-ier than others.
quote:
In February, Republicans drew widespread condemnation for their "forcible rape" proposal, which legal experts said would have excluded statutory rape victims and others from obtaining abortions through Medicaid. Amidst public outcry and a protest campaign by left-leaning groups, Republicans abandoned the language, which had been included in the "No Taxpayer Funding for Abortion Act," a bill the GOP leadership numbered H.R. 3 to signify its high priority to the party. But while they've amended their legislation, which faces a floor vote in the House on Wednesday, Republicans haven't stopped trying to narrow the already small exception under which federal funding for abortions is permissible. They've used a sly legislative maneuver to make sure that even though the language of the bill is different, the effect remains the same.
The backdoor reintroduction of the statutory rape change relies on the use of a committee report, a document that congressional committees produce outlining what they intend a piece of legislation to do. If there's ever a court fight about the interpretation of a law—and when it comes to a subject as contentious as abortion rights, there almost always is—judges will look to the committee report as evidence of congressional intent, and use it to decide what the law actually means.
In this case, the committee report for H.R. 3 says that the bill will "not allow the Federal Government to subsidize abortions in cases of statutory rape." The bill itself doesn't say anything like that, but if a court decides that legislators intended to exclude statutory rape-related abortions from eligibility for Medicaid funding, then that will be the effect.
Given the flexibility with which the current U.S. Supreme court goes up and down originalism's ladder I think we can take it for granted that they would consider the committee report evidence of "original intent" in this matter, despite the stripping of similar language from the bill itself earlier.
Posted by JoannaP (# 4493) on
:
According to the BBC, Jessie is not the only one who blames rape victims.
Posted by Niteowl2 (# 15841) on
:
It worries me that we appear to be going backwards, rather than forwards socially. It amazes me that such neanderthal attitudes can still exist in civilized nations in the 21st century.
Posted by Penny S (# 14768) on
:
When I was at college, I took self-defence lessons. My conclusion was that what we learned was not particularly helpful - throwing someone who expects to be thrown does not build confidence. We were expected to apply holds when we had the guy on the ground when my instinct would have been to clear off sharpish.
We were not taught, and certainly had no opportunity to practice the stuff my Dad learned in the Army. i.e. kneeing in the groin, scraping the foot down the shin, and stamping on the instep. With the possible addition of a rabbit punch as he bends over. (Only useful if approached from the front.) And without practice, time is lost in thinking, instead of trained reflex.
But does any of this work, as said above, with a gang, or a gun, or a knife involved?
I'm not convinced that learning defence skills is of major use. And should certainly not be used as a reason for denying abortion.
Penny
Posted by no_prophet (# 15560) on
:
If you're not female, I don't think you should have a say. Period. And I don't believe in any laws about abortion. None.
Posted by Alfred E. Neuman (# 6855) on
:
quote:
Originally posted by no_prophet:
... I don't believe in any laws about abortion. None.
*psst* Step back into this alley. I've got a rusty coathanger ready for ya.
Posted by PeteC (# 10422) on
:
Belatedly returning to DH after a holiday sojourn in Hell
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