Know Thine Enemy: Fetal Personhood as Metaphorical Thinking

March 2nd, 2006 § 19 comments

I have wanted to write about this for a while, now, ever since I read through the thread called (Very) Basic Eco­nom­ics and Abor­tion over at Alas, A Blog. Since then, though, a num­ber of things have hap­pened: the Supreme Court has agreed to hear a case con­cern­ing so-called “partial-birth abor­tions,” South Dakota has passed the most restric­tive law in the coun­try against abor­tion, Utah has a pro­posed law that would elim­i­nate incest excep­tions in its parental noti­fi­ca­tion law, and I have been in another con­ver­sa­tion, What If Your Mother Was Pro-Choice, on Alas, the ini­tial post of which con­cerned a com­mon strat­egy used by peo­ple who are anti-choice to try to silence those of us who are pro-choice: what would have hap­pened if your mother had cho­sen to have an abor­tion instead of giv­ing birth to you?

At one point the thread became a con­ver­sa­tion about whether the immac­u­late con­cep­tion was an instance of divine rape or not (start read­ing here). This was rel­e­vant because it went to the ques­tion of what it means for women to have real choice in terms of preg­nancy and child­birth — which also means in terms of when and whether and under what con­di­tions to have sex — and, though I don’t remem­ber that this point was brought out explic­itly, to the ques­tion of what we model our under­stand­ing of women’s repro­duc­tive choice on. (I have ital­i­cized this because it will become impor­tant later on, towards the end of what I want to say.) What I want to do here is to try to tie all these var­i­ous things together under the title I have given this post because I think it goes to the heart of under­stand­ing a rarely artic­u­lated aspect of what is at stake in the anti-choice posi­tion, whether it is artic­u­lated in explic­itly reli­gious terms or not, and because, under the gen­eral strat­egy of “know thine enemy,” I think this is an impor­tant under­stand­ing to reach. It’s going to take a while, and I’m going to have to make a num­ber of leaps, to get where I want to go in this, so I hope you will bear with me.

The (Very) Basic Eco­nom­ics and Abor­tion thread con­cerns the ques­tion of how most effec­tively to reduce the num­ber of abor­tions, by pass­ing laws which per­mit the prac­tice or those which restrict it. Inevitably, how­ever, the dis­cus­sion devolved into one about sex­ual moral­ity, the ques­tion of whether and how to teach absti­nence as part of sex edu­ca­tion, the dif­fer­ences between reli­gious and other approaches to sex­ual moral­ity and so on. The sim­ple fact that the dis­cus­sion evolved in this way, moti­vated largely by two con­trib­u­tors RonF and geng­wall, at least one of whom (geng­wall) is unam­bigu­ously anti-abortion, demon­strates that there is a great deal more at stake for the anti-abortion posi­tion than sim­ply whether or not abor­tion is legal. One can assume, I think, that even if abor­tion were ren­dered com­pletely unnec­es­sary start­ing tomor­row, the debate would then shift quite seam­lessly and with­out los­ing any of its heat, to ques­tions of sex­ual moral­ity, because on this level the debate is not only about whether abor­tion ends preg­nan­cies or mur­ders unborn chil­dren, it is also, and in some ways primarily, about whether the sex that resulted in those preg­nan­cies hap­pened under “legit­i­mate” and “morally approv­able” circumstances.

The part of this thread that really caught my eye, however, was when peo­ple started talk­ing about the def­i­n­i­tion of per­son­hood. As part of that dis­cus­sion, geng­wall wrote the fol­low­ing (towards the end of the comment):

As far as the per­son­hod argu­ment in gen­eral, it has noth­ing to do with patri­archy either. It has every­thing to do with biol­ogy. I’m afraid you are stuck with this one as the objec­tive bio­log­i­cal facts don’t change depend­ing on which coun­try you go to.

and he offered these dic­tio­nary def­i­n­i­tions as a thumb­nail sketch of his over­all position:

  • Per­son — A Liv­ing (bio­log­i­cal state) Human (bio­log­i­cal clas­si­fi­ca­tion). The Amer­i­can Her­itage® Stedman’s Med­ical Dictionary
  • Human — A mem­ber of the genus Homo and espe­cially of the species H. sapi­ens. The Amer­i­can Her­itage® Dic­tio­nary of the Eng­lish Lan­guage, Fourth Edition

Oth­ers in the con­ver­sa­tion take on gengwall’s use of the dic­tio­nary and other aspects of his argu­ment that are trou­bling, intel­lec­tu­ally and oth­er­wise (see com­ments 61, 63, 64, 71; I also should point out that the par­en­thet­i­cal com­ments in the def­i­n­i­tion of “per­son” are his), and so I am not going to repeat what they have said. What inter­ests me is the way in which gengwall’s def­i­n­i­tion of the fetus fits the descrip­tion of metaphor­i­cal think­ing in George Lakoff’s and Mark Johnson’s book, Metaphors We Live By, which I hap­pen to be teach­ing in fresh­man Eng­lish this semes­ter. Basi­cally, Lakoff and John­son argue that we give struc­ture to the world through metaphor, in terms of both under­stand­ing and expe­ri­ence. They point out, for exam­ple, that we under­stand argu­ment in terms of war. Con­sider these expressions:

Your claims are indefensible.

He attacked every weak point in my argument.

His crit­i­cisms are right on target.

I demol­ished his argu­ment. (4)

Lakoff and John­son then point out, however, that we don’t just talk about argu­ment like war; we actu­ally expe­ri­ence it that way. Argu­ments, like wars for exam­ple, are won or lost; the peo­ple on either side of an argu­ment behave in some ways as if they are at war, tak­ing dif­fer­ent lines of attack, for exam­ple, or sur­ren­der­ing some points in the hopes of gain­ing oth­ers that will lead to vic­tory. To make this point by way of con­trast, Lakoff and John­son ask us to

imag­ine a cul­ture where argu­ment is viewed as a dance, the par­tic­i­pantsare seen as per­form­ers, and the goal is to per­form in a bal­anced and aes­thet­i­cally pleas­ing way. In such a cul­ture, peo­ple would view argu­ments dif­fer­ently, carry them out dif­fer­ently, and talk about them dif­fer­ently. But we would prob­a­bly not view them as argu­ing at all: they would sim­ply be doing some­thing dif­fer­ent. (5)

The next point from Metaphors We Live By that is rel­e­vant to the ques­tion of fetal per­son­hood is the way that metaphor­i­cal think­ing, pre­cisely because it “allows us to com­pre­hend one aspect of a con­cept in terms of another (e.g., com­pre­hend­ing an aspect of argu­ing in terms of bat­tle), will nec­es­sar­ily hide other aspects of that con­cept.” Lakoff and John­son continue:

In allow­ing us to focus on one aspect of a con­cept  […] a metaphor­i­cal con­cept can keep us from focus­ing on other aspects of the con­cept that are incon­sis­tent with that metaphor. For exam­ple, in the midst of a heated argu­ment, when we are intent on attack­ing our opponent’s posi­tion and defend­ing our own, we may lose sight of the coöper­a­tive aspects of argu­ing. Some­one who is argu­ing with you can be viewed as giv­ing you his time, a valu­able com­mod­ity [espe­cially in an indi­vid­u­al­is­tic, cap­i­tal­ist soci­ety like the US], in an effort at mutual under­stand­ing. (10)

So, let’s return to gengwall’s def­i­n­i­tion fo the fetus as a per­son, which was also, appar­ently, the def­i­n­i­tion endorsed by the South Dakota leg­is­la­ture when it passed what the Wash­ing­ton Post and just about every other paper I looked at called “the nation’s most far-reaching ban on abor­tion.” Here are the rel­e­vant sec­tion of the law:

Sec­tion 1. The Leg­is­la­ture finds that the State of South Dakota has a com­pelling and para­mount inter­est in the preser­va­tion and pro­tec­tion of all human life and finds that the guar­an­tee of due process of law under the South Dakota Bill of Rights applies equally to born and unborn human beings.

Sec­tion 2. The Leg­is­la­ture finds that the life of a human being begins when the ovum is fer­til­ized by male sperm. The Leg­is­la­ture finds that the explo­sion of knowl­edge derived from new recom­bi­nant DNA tech­nolo­gies over the past twenty-five years has rein­forced the valid­ity of the find­ing of this sci­en­tific fact.

There is a lot that one can say about this law, and most of it has prob­a­bly been said already. The Wash­ing­ton Post counts 97 blogs that have had some­thing say about its arti­cle (here are a few worth read­ing that I didn’t find on the Post’s list), and I have no doubt there are lots more blog­gers, both for and against the measure, who have either posted since I began writ­ing this or will post in the near future. What I want to point out is that to call a fetus or zygote or an embryo a human being, a per­son, an entity iden­ti­cal in its essence to you sit­ting here read­ing this or me as I sit (sat) writ­ing it is to engage not in sci­en­tific analy­sis, but rather in pre­cisely the kind of metaphor­i­cal think­ing that Lakoff and Johnson’s book is about: Because to decide that “the life of a human being begins when the ovum is fer­til­ized by male sperm” (as if it could be fer­til­ized by female sperm?) is to decide that there is a basis of com­par­i­son by which some­thing that is rad­i­cally not like me or you is, in fact, just like me or you.

Accord­ing to those who sup­port the South Dakota bill, in other words, if you strip away each and every one of the char­ac­ter­stics that make up someone’s humanity/personhood, at least as humanity/personhood has con­ven­tion­ally been under­stood, with all its messy char­ac­ter traits, for exam­ple, (this is what Lakoff and John­son mean when they say that metaphor­i­cal think­ing “can keep us from focus­ing on other aspects of the con­cept that are incon­sis­tent with that metaphor), you are still left with a set of objec­tive bio­log­i­cal traits that make who­ever pos­sesses them a person. These traits, as I under­stand the argu­ment, boil down to the fact that a zygote, from the moment of con­cep­tion onward, is “genet­i­cally whole,” which is not the term geng­wall and oth­ers would use, but it’s my catch­phrase for the notion that the moment a zygote forms, it pos­sesses all the DNA it needs not only to be rec­og­niz­ably human at any stage of its devel­op­ment, but also to guide its devel­op­ment into a human being ready to be born.

There are a num­ber of impor­tant things to point out about this very fright­en­ing argu­ment: For starters, it dresses up the old biology-is-destiny argu­ment in some very fancy, shmancy new clothes. After all, if a zygote is already a fully fledged mem­ber of the human race, which means it pos­sesses an inalien­able right-to-life, and if a woman’s body is the only place where that par­tic­u­lar human being can grow, then the fact of a woman’s body, not her desires or her choice, is the deter­min­ing fac­tor of her fate if she becomes preg­nant. There is, of course, a long tra­di­tion of this kind of think­ing run­ning all the way back to the ancient Greeks, who believed in the one-seed the­ory of repro­duc­tion. Accord­ing to this the­ory, men ejac­u­lated tiny lit­tle peo­ple — I think the Greeks called them homon­culii, but I am not sure — and when a woman became preg­nant, it meant that her womb was warm and moist enough (the Greeks were believ­ers in the four humors) for one of these tiny lit­tle peo­ple to lodge itself there and begin the process of grow­ing into the child that would be born.

The other old saw touched on by this reduc­tion of our human­ity to the genetic mate­r­ial of which we are made is the mind-body (or body/soul) split. It used to be that what made us human, what sep­a­rated us from “the ani­mals of the for­est,” to use an old-fashioned expres­sion to express an old-fashioned idea, was our minds and/or our souls. It was because we could think ratio­nally and/or because we were capa­ble of spir­i­tual aware­ness, that we were bet­ter than dogs and cats, lions and bears, fire­flies and cock­roaches. To this way of think­ing, our bod­ies were shells we inhab­ited, and we used them well or not well, morally and eth­i­cally or immorally and uneth­i­cally, and then left them behind when we died. If, how­ever, our human­ity inheres in the mate­r­ial fact of our bod­ies, then nei­ther the ratio­nal mind nor the soul can play the role it once did in the spirit-flesh dual­ity. The human­ity of the body must be able to make its claims as well, and here is where I think the ques­tion of whether Mary was raped by the Holy Spirit and what it means for her to have con­ceived a child with the god of the Chris­t­ian Bible becomes important.

Here are the rel­e­vant verses from Luke:

26 And in the sixth month the angel Gabriel was sent from God unto a city of Galilee, named Nazareth, 27 to a vir­gin espoused to a man whose name was Joseph, of the house of David; and the virgin’s name was Mary. 28 And the angel came in unto her, and said, Hail, thou that art highly favored, the Lord is with thee: blessed art thou among women. 29 And when she saw him, she was trou­bled at his say­ing, and cast in her mind what man­ner of salu­ta­tion this should be. 30 And the angel said unto her, Fear not, Mary: for thou hast found favor with God. 31 And, behold, thou shalt con­ceive in thy womb, and bring forth a son, and shalt call his name JESUS. 32 He shall be great, and shall be called the Son of the High­est; and the Lord God shall give unto him the throne of his father David: 33 and he shall reign over the house of Jacob for ever; and of his king­dom there shall be no end. 34 Then said Mary unto the angel, How shall this be, see­ing I know not a man? 35 And the angel answered and said unto her, The Holy Ghost shall come upon thee, and the power of the High­est shall over­shadow thee: there­fore also that holy thing which shall be born of thee shall be called the Son of God. 37 For with God noth­ing shall be impos­si­ble. 38 And Mary said, Behold the hand­maid of the Lord; be it unto me accord­ing to thy word. And the angel departed from her.

Rather than start with the ques­tion of whether Mary con­sented or could have mean­ing­fully con­sented to bear God’s child, given the dis­par­ity of power between them, I want to start by think­ing about the nature of the fetus that grew in her body. I know that there is some dif­fer­ence of opin­ion, and even con­tro­versy, between and among the var­i­ous Chris­t­ian denom­i­na­tions over whether Jesus was human or divine or both, whether he was con­scious of his dual sta­tus (if it was dual), or of his divine sta­tus (if he was divine), but this is an inter­nal debate that is not rel­e­vant here. What is rel­e­vant is that the source of this debate, as far as I know (I am not Christian) is the very anx­i­ety pro­duc­ing fact — for peo­ple who believe in a dis­em­bod­ied god — that the male half of the genetic mate­r­ial which pro­duced Jesus had to have come from God’s body or it was a piece of human DNA divinely man­u­fac­tured inside Mary’s womb; in either case, the mate­r­ial itself, com­ing directly from God, is divine in a way that, say, my own sperm, which is at least once removed from God, can­not be. In other words, it is not sim­ply the soul that entered the zygote-that-would-become-Jesus at the moment of con­cep­tion that made the zygote holy; the zygote itself, in its mate­r­ial essence, was holy too.

Replace “God’s touch” with DNA and you have the ratio­nale for life-begins-at-conception by which the South Dakota leg­is­la­ture jus­ti­fied its anti-abortion mea­sure. The DNA, in other words, is a metaphor for invi­o­late divin­ity, which means that every nor­mal con­cep­tion that takes place is, in fact, a metaphor for the con­cep­tion of Jesus, and every woman who becomes preg­nant is a metaphor for Mary preg­nant with Jesus, and every act of het­ero­sex­ual inter­course is a metaphor for the act by which God entered Mary, and every man who engages in het­ero­sex­ual inter­course is there­fore a metaphor for God, and, most impor­tantly, every con­ceived child, from the moment of con­cep­tion through the rest of its life, is a metaphor for Jesus himself.

Now, play this out a lit­tle fur­ther. If I, in my body, in my desire for chil­dren, am some­how a metaphor for God of the Chris­t­ian Bible and his desire for a child, then, metaphor­i­cally speak­ing, I have the same right to con­ceive that child as God did with Mary. Or to put it another way, to the degree that I am a metaphor for God in my het­ero­sex­ual rela­tion­ships, then — again, metaphor­i­cally speak­ing — I have the same power in rela­tion to the women in my life as God did to Mary. Now, please, let me be clear about what I am not say­ing: I am not say­ing that men as a class con­sciously think this way — though I know there are more than a few who do. What I am say­ing is that if you play the logic of this metaphor out, the descrip­tion I have just given of the sex­ual power dynamic between men and women is the con­clu­sion you will inevitably arrive at, and the descrip­tion I have just given, it seems to me, is no dif­fer­ent than an entirely sec­u­lar descrip­tion of het­ero­sex­ual rela­tion­ships under patriarchy.

Here is where the ques­tion of Mary’s con­sent comes in. Or, to be more accu­rate, the nature of her con­sent. Look at these verses again:

28 And [Gabriel] came in unto her, and said, Hail, thou that art highly favored, the Lord is with thee: blessed art thou among women. 29 And when she saw him, she was trou­bled at his say­ing, and cast in her mind what man­ner of salu­ta­tion this should be. 30 And the angel said unto her, Fear not, Mary: for thou hast found favor with God. 31 And, behold, thou shalt con­ceive in thy womb, and bring forth a son, and shalt call his name JESUS. 32 He shall be great, and shall be called the Son of the High­est; and the Lord God shall give unto him the throne of his father David: 33 and he shall reign over the house of Jacob for ever; and of his king­dom there shall be no end. 34 Then said Mary unto the angel, How shall this be, see­ing I know not a man? 35 And the angel answered and said unto her, The Holy Ghost shall come upon thee, and the power of the High­est shall over­shadow thee: there­fore also that holy thing which shall be born of thee shall be called the Son of God. 37 For with God noth­ing shall be impos­si­ble. 38 And Mary said, Behold the hand­maid of the Lord; be it unto me accord­ing to thy word. And the angel departed from her.

Gabriel comes to Mary and tells her that God favors her, and this dis­turbs Mary. She won­ders what kind of a greet­ing this is — not unlike the way a woman might won­der why a man who has never taken notice of her before is sud­denly being so nice to her — and then the angel tells her, he does not ask her, he tells her that she will bear God’s child. Mary says, basi­cally, “I am your ser­vant; I will do as you wish,” a sen­ti­ment that you can read either as a state­ment of fact or as con­sent. Here’s the thing, though: even if you read it as con­sent, even if you read it that Mary was absolutely thrilled and eager to bear God’s child, the ques­tion of whether, once she was con­fronted with the omni­scient and omnipo­tent God, she could have felt it pos­si­ble mean­ing­fully to say no is an open one at the very least. As Bar­bara put it in the “What If Your Mother Was Pro-Choice Thread” on Alas:

It seems to me that the dis­par­ity in power between God and Mary (even if it is just Gabriel speak­ing) is at least as great as that between the aver­age high school stu­dent and her male teacher.

Or, if you hap­pen to live in Utah these days, between a father and his daugh­ter. “Utah law­mak­ers,” wrote Rebecca Walsh in the Salt Lake Tri­bune, “refused Mon­day [Feb­ru­ary 27, 2006] to make an excep­tion for incest vic­tims in a pro­posed law that would require parental con­sent and noti­fi­ca­tion before a girl’s abortion.” Think about what that means: A girl is preg­nant because her father raped her; she does not want to have the child; but in order for her to obtain the abor­tion she wants, and that most peo­ple would agree she needs and ought to have, she has to take the risk that her father will be the par­ent whom either the doc­tor she goes to or the courts – because she can go to court to over­ride the doctor’s respon­si­bil­ity under the law – will tell what she is plan­ning to do. (And if you take in account the pos­si­bil­ity of either domes­tic vio­lence or her mother’s com­plic­ity in the incest, this sit­u­a­tion becomes even more complex.) One of the sup­port­ers of this leg­is­la­tion had this to say:

Abor­tion isn’t about women’s rights. The rights they had were when they made the deci­sion to have sex […] This is the con­se­quences. The con­se­quence is they should have to talk to their parents.

In other words, because a woman should not be able to choose to have an abor­tion, because the life that sup­pos­edly begins at con­cep­tion trumps her life and her auton­omy, no mat­ter what the cir­cum­stances were when it was con­ceived, she is held by default to have con­sented to the act of inter­course dur­ing which con­cep­tion took place.

Now, go back to Mary and God. I don’t think that any­one will dis­agree that to imag­ine there was any­thing like a level play­ing field between Mary and God is to per­form a pro­found act of denial; more to the point, I also think peo­ple will gen­er­ally agree that to sup­pose that dis­par­ity of power between Mary and God had noth­ing to do with how Mary thought about what was going on and what was going to hap­pen to her would be, in its own way, delu­sional. These facts, how­ever, do not mean that one has to read the Bib­li­cal pas­sage I quoted above to mean that God raped Mary in the sense that Mary was unwill­ing and God forced him­self on her, but it does mean that one has to take into account the pos­si­bil­ity that Mary, because she was God’s ser­vant, would never even have con­ceived, and might not even have been able to conceive, of the pos­si­bil­ity of say­ing no and that her unwill­ing­ness or inabil­ity to enter­tain the pos­si­bil­ity of say­ing no to God would raise ques­tions about whether her con­sent was fully informed or not. In the logic of the anti-choice move­ment, how­ever, once she becomes preg­nant, the nature of Mary’s con­sent is irrel­e­vant, because once she becomes preg­nant what mat­ters – just like what mat­ters in the case of the girl in the Utah-bill-scenario above – is the child-to-be grow­ing inside her. Taken to its log­i­cal con­clu­sion, in other words, the anti-choice logic licenses rape, and it licenses rape, or at least those rapes that result in pregnancy, at least in part because it draws on the metaphor­i­cal link between the zygote grow­ing inside a raped woman who becomes preg­nant and the zygote-that-would-become-Jesus grow­ing inside Mary in such a way that it erases the sig­nif­i­cance of the cir­cum­stances of the conception.

Read this way, the immac­u­late con­cep­tion becomes what Tim Beneke calls, in Men On Rape, a rape sign, an image or nar­ra­tive through which rape is nor­mal­ized largely because its rape-related con­tent is so well hid­den that peo­ple aren’t even aware that it’s there. The exam­ple Beneke gives in his book — which, unfor­tu­nately, is in stor­age and so I can only para­phrase — is the image of the cave­man drag­ging “his” woman home by the hair. The humor of the image both hides its vio­lence and estab­lishes the stance towards that vio­lence that is con­sid­ered cul­tur­ally appro­pri­ate. In the case of the immac­u­late con­cep­tion, the holi­ness of the image both hides what­ever ques­tions one might raise about con­sent and estab­lishes the stance towards sex and con­cep­tion that is con­sid­ered cul­tur­ally appro­pri­ate — at least by the anti-choice movement.

It is impor­tant to acknowl­edge that there many other ways to read the immac­u­late con­cep­tion, espe­cially because there are seri­ously pro­gres­sive, fem­i­nist Chris­t­ian peo­ple engaged in the process of reread­ing their tra­di­tion in light of pro­gres­sive, fem­i­nist val­ues. My goal in offer­ing the read­ing I have out­lined here is not to inval­i­date theirs, or to trash Chris­tian­ity, but rather to high­light the metaphor­i­cal and there­fore ide­o­log­i­cal infra­struc­ture of the anti-choice move­ment, not only in its misog­yny, which would hardly have required this many words to demon­strate, but also in its unde­stand­ing of what it means to be human — because if our human­ity, all our indi­vid­ual per­son­hoods, has noth­ing to do with the myr­iad intan­gi­ble things that make up the con­tent of our char­ac­ter (and for the pur­poses of this argu­ment, I do not care whether that con­tent is good, bad or indif­fer­ent), but is rather a con­se­quence of the fact of DNA; if I am, in other words, essen­tially no dif­fer­ent from the bun­dles of cells that result from the com­ing together of egg and sperm, then pro­tect­ing the children-to-be grow­ing in the wombs of preg­nant women from the “capri­cious” choices of free-willed women is a kind of retroac­tive self-preservation; it is a way of mak­ing sure that peo­ple are born not sim­ply because par­ents want them, but because they have a right to be born.

The dif­fer­ence is impor­tant: In the sec­ond, anti-choice sce­nario, we were, all of us, poten­tial antag­o­nists against our own preg­nant moth­ers, and they were, all of them, potential antag­o­nists against us. On the other hand, if one is not fully human until after one has been born, this pre-birth antag­o­nism doesn’t exist (unless you’re talk­ing about med­ical issues where the life of the mother and/or the fetus is at stake.) And so to be human, as the anti-choice move­ment has defined human­ity, is on some level to have been at war with free will even before you were born, not so much your own free will, but rather the free will of oth­ers, espe­cially of women, and this war, if you accept the anti-choice logic, is one we are all in together, because we all came from the bod­ies of women, which means that to win the war it is the bod­ies of women that we need to con­trol. Human­ity, in other words, accord­ing to this logic, demands the sub­ju­ga­tion of women because women hold the power to end human­ity. More to the point, this logic implies that to have sur­vived the preg­nancy dur­ing which you grew to be born is on some level to have escaped women’s power.

The power of a male God, of course, is one sure fire method of ensur­ing that we keep on escap­ing, and so is the power of gov­ern­ment. Giv­ing the gov­ern­ment the kind of power the South Dakota law does, how­ever, can have unex­pected con­se­quences. Look again at the first sec­tion of the law:

Sec­tion 1. The Leg­is­la­ture finds that the State of South Dakota has a com­pelling and para­mount inter­est in the preser­va­tion and pro­tec­tion of all human life and finds that the guar­an­tee of due process of law under the South Dakota Bill of Rights applies equally to born and unborn human beings.

Essen­tially, it seems to me that this opens the door to all kinds of gov­ern­ment inter­fer­ence in our per­sonal and fam­ily lives, kinds of inter­fer­ence that I don’t think the anti-choice move­ment would appre­ci­ate. If a zygote is a human being, for exam­ple, couldn’t this sec­tion of the law be expanded to include the government’s inter­est in how my behav­ior effects the health of my sperm, which is, after all, half a human being? (Okay, this may be push­ing things too far, but then I thought declar­ing a zygote a human being would be push­ing things too far.) Couldn’t it be expanded to crim­i­nal­ize behav­iors a woman might engage in that could harm her child-to-be, like, say, going ski­ing in the early months of preg­nancy? In other words, doesn’t the state’s inter­est in the preser­va­tion and pro­tec­tion of all human life give it the author­ity legally to reg­u­late the treat­ment of that life from start to finish?

I think it’s time for me to stop writ­ing and put this up. I do want to say this, though: A guy named John O’Neill wrote a remark­able book called Five Bod­ies: The Human Shape of Mod­ern Soci­ety, that addresses the kinds of ques­tions I’ve been talk­ing about here, though not from an explic­itly fem­i­nist per­spec­tive. Nonethe­less, it is very worth read­ing. The book was orig­i­nally pub­lished in 1985, which is the edi­tion that I read. It has, appar­ently, been repub­lished in a revised edi­tion. It is worth tak­ing a look at.

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§ 19 Responses to Know Thine Enemy: Fetal Personhood as Metaphorical Thinking"

  • […] Fetal Per­son­hood as Metaphor­i­cal Think­ing This dis­cus­sion of abor­tion pol­i­tics and pro-life thought, by reg­u­lar “Alas” comment-writer Richard Jef­frey New­man, devel­ops a fas­ci­nat­ing line of thought, using as a start­ing point a cou­ple of the abor­tion dis­cus­sions we’ve had here on “Alas,” and so will be espe­cially enter­tain­ing for “Alas” read­ers. One of the best posts I’ve read this week — check it out. […]

  • NancyP says:

    FWIW, the law as writ­ten raises molar preg­nan­cies, in which the genetic com­ple­ment is two sperm and no egg DNA (46XX), or two sperm and one egg DNA (69XXX or XXY, I don’t believe there is a XYY equiv­a­lent), to the level of per­son­hood. ( “The Leg­is­la­ture finds that the life of a human being begins when the ovum is fer­til­ized by male sperm.” ) Now there isn’t any “per­son” there in the 46XX moles, and in 99% of 69whatever moles, the tis­sue is all mod­i­fied pla­centa. But it is the result of fer­til­iza­tion of an ovum by sperm.

    It is med­ically indi­cated to remove molar preg­nan­cies as soon as diag­nosed. Untreated molar preg­nan­cies can lead to uncon­trol­lable and some­times fatal (to woman) hypertension/strokes, and to devel­op­ment of can­cer, which can also be fatal.

  • Lee says:

    Richard — A very thought­ful post. I think you have done a very good job in out­lin­ing the pro-life posi­tion and the think­ing behind it.

    “…every act of het­ero­sex­ual inter­course is a metaphor for the act by which God entered Mary, and every man who engages in het­ero­sex­ual inter­course is there­fore a metaphor for God, and, most impor­tantly, every con­ceived child, from the moment of con­cep­tion through the rest of its life, is a metaphor for Jesus himself.”

    I liked this part in par­tic­u­lar, because this view was how the Roman Catholic Church tried to get con­trol of mar­riage rela­tion­ships, espe­cially among the aris­toc­racy, in the Mid­dle Ages. The Church spent lit­er­ally hun­dreds of years try­ing to con­vince the peo­ple of Europe that: 1) mar­riage con­sisted of one man and one woman whose union was blessed by a priest; 2) that sex­ual inter­course was solely for the pur­pose of bring­ing chil­dren into being and there­fore should be con­fined within the bounds of mar­riage rela­tion­ship; 3) that God was at the top of the power pyra­mid, fol­lowed by the priests, then sec­u­lar lead­ers, and so on down the whole feu­dal social rank­ing sys­tem; and 4) the mar­riage rela­tion­ship should mir­ror the rela­tion­ship between Jesus Christ and the Church, with the man in author­ity and the woman sub­mit­ting to him and mak­ing sure his wishes were imple­mented within the household.

    So basi­cally we are being dragged back to the Mid­dle Ages. What’s next, a hered­i­tary legislature?

  • gengwall says:

    Richard — You are too deep for me, man. Of course, my par­tic­i­pa­tion on the Alas blog entry had much more to do with the actual topic. The fetal per­son­hood dis­cus­sion was, by my own admis­sion, an unfor­tu­nate side­track. It was, in fact, me that tried sev­eral times to pull the dis­cus­sion back on topic. In that effort, I cer­tainly did not present my full case regard­ing fetal personhood.

    Nei­ther would I do it here since yours is also not a bio­log­i­cal dis­cus­sion, as you point out in the title and through­out. Not that it isn’t a very inter­est­ing take. I found it fas­ci­nat­ing and have no quib­bles with your point of view (at least in the sec­tions my lim­ited mind could comprehend).

    You prob­a­bly do need to brush up on your under­stand­ing of Chris­t­ian mar­riage and sex­u­al­ity, as what you describe isn’t very famil­iar to me even though I’ve been in a Chris­t­ian mar­riage for some 25 years now. But, to go down that road would be rather off topic. And we know what trou­ble that has got­ten me into before.

  • geng­wall:

    I would not dis­pute that what I am say­ing about Chris­t­ian mar­riage and sex­u­al­ity bears very lit­tle resem­blance to what Chris­tians say about mar­riage and sex­u­al­ity; what I tried to do in this post is to fol­low the logic of the under­ly­ing cul­tural metaphor that I was talk­ing about. That logic is very often at odds with, or is at least not obvi­ous from, what a cul­ture says explic­itly about itself. This is true of the Jew­ish tra­di­tion in which I was edu­cated, of US soci­ety as a whole, etc.

    And as for the full bio­log­i­cal argu­ment about fetal per­son­hood: I fol­lowed the link that you posted on Alas and read it through sev­eral times. I would still sub­mit to you that it is an instance of metaphor­i­cal thinking.

  • Lorenzo says:

    This is a very inter­est­ing post.

    In par­tic­u­lar, I find it fas­ci­nat­ing that this metaphor actu­ally encom­pases *two* very old cul­tural myths. The sec­ond you exam­ined at length, but it is the one I missed. I tend to harp on the deep con­nec­tion of the ‘preg­nancy begins at fer­til­iza­tion’ metaphor to Graeco-Roman nar­ra­tives on reproduction.

    I think that, addi­tion­ally, you are, ahem, right on tar­get when you say that one of the log­i­cal out­comes of this kind of metaphor is that ‘soci­ety’ must con­trol repro­duc­tion to pro­tect its inter­ests against ‘women’. Since the ‘soci­ety’ in ques­tion is actu­ally a patri­archy, it is lit­er­ally true that the inter­ests of a (patri­ar­chal) soci­ety in repro­duc­tion are anti­thet­i­cal to the inter­ests of women.

  • Deb says:

    This is a very per­cep­tive dis­cus­sion of the prob­lems entailed in “fetal rights” –I really like your focus on the metaphor­i­cal con­structs that are cre­ated and and insti­tu­tion­al­ized in laws such as that just passed in SD.

    If you aren’t famil­iar with it, you might want to look some­time at Rachel Roth’s book, “Mak­ing Women Pay: The Hid­den Costs of Fetal Rights”(Cornell 1999) – she doesn’t get into the moral­ity of abor­tion or the metaphor­i­cal issues per se, but she comes to sim­i­lar con­clu­sions as yours about what hap­pens when we decide to grant fetuses personhood.

    Thanks for a thought­ful and provoca­tive con­tri­bu­tion to this debate – I will be shar­ing it.

  • Grace says:

    Thanks for acknowl­edg­ing that there is a pro­gres­sive Chris­tian­ity actively try­ing to rein­ter­pret the tra­di­tion. The tra­di­tion itself, of course, speaks with many voices, and being most famil­iar with the medieval period, what I find star­tling is how lit­tle power your (and the other com­menters’ on the orig­i­nal thread — I, of course, was the one who men­tioned it in the first place) analy­sis gives to Mary, com­pared with the High Medieval tra­di­tion in which she was the Queen of Heaven and could talk back to God or anybody.

    I find your idea of the con­nec­tion between God’s impreg­na­tion of Mary and all other acts of impreg­na­tion to be a bit forced, hav­ing always focused on the DIFFERENCE between Jesus’ con­cep­tion and all oth­ers. Which is not to say that your con­nec­tion isn’t oper­at­ing on a sub­con­scious level in the psy­ches of con­ser­v­a­tive Chris­t­ian men — though given the recent flap over Bill Napoli’s “sodom­ized Chris­t­ian vir­gin” com­ments, I don’t know.

    Inci­den­tally, the Immac­u­late Con­cep­tion and the Vir­gin Birth are NOT THE SAME THING. (The IC is a ridicu­lous 19th-century Catholic doc­trine that claims MARY was con­ceived with­out intercourse.)

  • I haven’t been able to fig­ure out where iden­ti­cal twins fit in the view­point where “every human being is unique and present from the moment of sperm/egg fusion”. Since non-conjoined (non-“Siamese”) twins can form up to 12 days post-fertilization, and con­joined twins for some days there­after, doesn’t that kind of imply that each fer­til­ized egg is not yet a spe­cific, sin­gle indi­vid­ual? Or are iden­ti­cal twins not quite really indi­vid­ual people?

  • Jane Lander says:

    Actu­ally, re: Grace’s com­ment, the doc­trine of the immac­u­late con­cep­tion does not teach that Mary was con­ceived with­out inter­course – it teaches that she was con­ceived with­out orig­i­nal sin, which is a very dif­fer­ent thing. (But it is still dif­fer­ent than the vir­gin birth).

  • acm says:

    In other words, doesn’t the state’s inter­est in the preser­va­tion and pro­tec­tion of all human life give it the author­ity legally to reg­u­late the treat­ment of that life from start to finish?

    bingo.
    there are already crim­i­nal penal­ties for drug use dur­ing preg­nancy, for behav­ior that results in the death of a fetus (some­times mak­ing two mur­ders out of one), and some threat­ened sanc­tions for smok­ing or drink­ing dur­ing preg­nancy. pre­sume that every aspect of preg­nant women’s behav­ior will be reg­u­lated, as the first step to reg­u­la­tion of all behav­ior of all women…

    (and, of course, there’s the bio­log­i­cal absur­dity that fer­til­iza­tion = con­cep­tion, as though many of those zygotes didn’t just float down and out and Oh Well…)

  • gengwall says:

    I’m sorry if I mis­read you acm. Do you con­tend fer­til­iza­tion does NOT = con­cep­tion. My under­stand­ing is that the two terms are roughly synonymous.

    Doc­tor Sci­ence — yes, iden­ti­cal twins pose a prob­lem to the per­son­hood argu­ment. So does the oppo­site phe­nom­e­non of twins remerg­ing back into one being.

    Frankly, I am not sure how I feel about the first 3 – 4 days or so. Until the embryo begins to dif­fer­en­ti­ate into the blas­to­cyst, it is really a group of iden­ti­cal cells, each of which could tech­ni­cally become a unique organ­ism. In a sense, one group of these cells, each with organ­is­mal poten­tial, “sac­ri­fices” itself to become the pla­centa while the other group becomes col­lec­tively the “baby”.

    The embryo does not even reg­u­late its own devel­op­ment in the first cou­ple of days.

    And regard­ing implan­ta­tion, it could also be agrued that the blas­to­cyst doesn’t become an organ­ism until it begins to “feed” by con­nect­ing with the mother.

    But these are all rea­sons why it is a faci­nat­ing topic even out­side of metaphor­i­cal thinking.

  • gengwall says:

    I found a bet­ter descrip­tion than mine of the dilema of assign­ing per­son­hood pre-implantation. It is in a review of the Gor­don Gra­ham book “Genes” by Rob Loftis on men​tal​help​.net. I have no idea of the cre­den­tials of these peo­ple or any­thing, I sim­ply stum­bled acros this. But it does lay out the prob­lem fairly well.

    “Now it is pos­si­ble to develop a con­sis­tent account of per­sonal iden­tity that grants moral sta­tus to the fetus, but it breaks down when it comes to embryos that have not implanted in the side of a woman’s uterus, an event that takes place 5 to 14 days after con­cep­tion. Prior to implan­ta­tion, the embryo is not fully indi­vid­u­ated: it can split into twins, and twins can merge into a sin­gle indi­vid­ual. In fact, every cell of the very early embryo is totipo­tent: each can on its own become an adult human being. This means that an eight cell embryo is not a poten­tial adult – it is eight poten­tial adults. This alone makes the moral sta­tus issue dif­fi­cult. How can we grant moral sta­tus to all eight of these poten­tial adults? Are we oblig­ated to split them all off to give each adult a chance to come into being? What hap­pens when the cells we split off divide? The issue becomes worse when we think about per­sonal iden­tity. If an early embryo splits into two embryos, and twins are born, are either of these twin babies organ­isms that once were the embryo? If one of the twins is the same indi­vid­ual as the embryo, then the other must be as well. But that means that the twins are the same indi­vid­ual, and that makes no sense. The only alter­na­tive is to say that strong poten­tial­ity, the kind of poten­tial­ity that might bring moral sta­tus, begins at implan­ta­tion, not conception.”

  • geng­wall — thanks for the details about twin­ning. I think twin­ning makes an excel­lent illus­tra­tion of our host’s point. Genetic unique­ness is not the def­i­n­i­tion of a worth­while human being, it is a *metaphor* for our (IMHO cor­rect) sense that each human per­son is unique and valu­able. Focussing on the moment — whether con­cep­tion, implan­ta­tion, or what­ever — when the indi­vid­ual becomes either devel­op­men­tally or genet­i­cally unique is let­ting the metaphor drive.

  • Fiona says:

    The immac­u­late con­cep­tion refers to Mary’s con­cep­tion, which actu­ally sup­ports the the­ory of her com­plete lack of agency. God sup­pos­edly ear­marked her for her future job by zap­ping her “orig­i­nal sin” at the moment she was con­ceived; her pre­vi­ously infer­tile par­ents struck a deal with God in which he would give them a child if in turn they ded­i­cated her to his ser­vice. Mary was bought and paid for long before the annun­ci­a­tion; there was no ques­tion of her hav­ing any choice.

  • Scientific Article On Human Reproduction says:

    Dave

    Inter­est­ing topic… I’m work­ing in this indus­try myself and I don’t agree about this in 100%, but I added your page to my book­marks and hope to see more inter­est­ing arti­cles in the future

  • […] poet­i­cal blog­ger Richard Jef­frey New­man (whose excel­lent essay on the god­bag ori­gins of the anti-choice move­ment I rec­om­mend, not least because it reminded me of […]

  • […] post has been moved here. Pos­si­bly related posts: (auto­mat­i­cally generated)Know Thine Enemy: Fetal Per­son­hood as […]

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