We do not need to travel far back in time to visit an example of abortion information censorship. Ireland has some of the most restrictive abortion laws in the world, allowing abortion only if the pregnancy is deemed to threaten a woman’s life. In 1983, written information advocating abortion was deemed unconstitutional by the Irish Supreme Court. In Ireland between 1983 an 1992, books about abortion were removed from libraries; British telephone books listing the phone numbers of abortion clinics in England were destroyed. Students who opposed the censorship ruling by printing information about abortion in student handbooks were arrested. British abortion clinics reported an increase in gestational age in women who were forced to travel underground to England from Ireland for abortions[48] and also noted women arrived with less knowledge about abortion options and with more anxiety.[49] In May 1992, Democratic politician T.D. Proinsias De Rossa, utilizing diplomatic immunity to avoid lawsuit, read the phone numbers of English abortion clinics into the official record of the Irish Parliament. Then, the Irish Family Planning Association was able to officially establish an association with the British Pregnancy Advisory Service. And in 1993, the Ireland Supreme Court recognized the constitutional right of women to travel to obtain abortions. Information on abortion has become more widely available in Ireland since 1993, however the 1995 Information Act continues to restrict women service organizations from referring women to abortion services. In June 2008, Ireland refused to sign the European Union’s Treaty of Lisbon, largely because of fears that signing this constitution would possibly override Irish anti-abortion laws.
The Comstock Laws of 1873 in the United States banned material considered obscene including contraceptives and prohibited distribution of educational information on contraceptives and abortion. The ban on contraceptives was declared unconstitutional in 1936; however the remaining portions of the 1873 Comstock Laws continue to be enforced today to ban material deemed obscene. For example, the Federal Communications Commission (FCC) regulates the content of broadcast media via the original remaining Comstock Laws.
Amendments in 1996 to the Comstock Laws, led by the late United States Senator Hyde of Illinois, threaten to ban online information on abortion. Senator Hyde introduced Communications Indecency Act language (into the Telecommunications Reform Act) which made it illegal to sell or distribute information or materials on abortion through online activities and communications. In 1996, rather than vetoing anti-pornography legislation, President Clinton signed the act into law commenting only that the Department of Justice under his term would not enforce the abortion-related speech prohibitions because they are unconstitutional.
In federally funded programs, the George W. Bush administration has censored information advocating abortion. In April 2008, the administrators of Popline, world’s largest scientific database on reproductive health, received a complaint from the Bush administration about two abortion-advocacy articles. Popline is funded by USAID, and under the Mexico City policy enacted by President Reagan, and reenacted by President Bush, USAID denies federal funding to non-governmental organizations that promote or perform abortions. The administrators of Popline, removed the abortion-advocacy articles and began to block searches on the word ‘abortion’, concealing nearly 25,000 search results. After the story was released by the media, the administrators restored the search term ‘abortion’ but did not restore access to the abortion advocacy articles.
The Justice Department, during the administration of President George W. Bush, has not pursued wide-scale prosecution under the Communications Indecency Act abortion-related speech prohibitions; however it remains to be seen whether information regarding abortion will be further restricted in the United States, and if and when the Communications Indecency Act may be deemed unconstitutional. If Roe v. Wade is overturned by the Supreme Court, then the administration at that time may be prompted to order the Justice Department to pursue the wide-scale restriction of abortion information.
Abortion is a political issue, but it is also a philosophical and religious issue. Roe v. Wade is not the final word in ruling to protect abortion services in the United States. In fact, Roe v. Wade may have a serious flaw. Missing in Roe v. Wade is the determination of when life begins, a point that the Supreme Court was unable to officially determine, ''When those trained in the respective disciplines of medicine, philosophy and theology are unable to arrive at any consensus,'' Associate Justice Harry A. Blackmun, speaking for the majority, wrote, ''the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer.''[50]
The question remains…When does life begin? This question cannot be answered with scientific certainty to this day and may never be definitively answered. So, for the foreseeable future, the question must be placed in the unknown. Many who think they know when life begins believe their answer in faith, which makes their belief about abortion part of their religion.
In the United States, the separation of church and state is guaranteed by the first amendment to the Constitution. The political debate in the United States about abortion may rest with the Supreme Court recognizing that “When does life begin?” is a religious issue. Various religions have various positions regarding the moment life begins and when abortion is acceptable. When laws have been enacted giving preference to a particular religious faith’s belief, the obligation of the Court is to deem those laws unconstitutional, as they infringe on the rights of others to freely practice their religious beliefs.
Most religions have a stated official view on abortion. Religions vary widely regarding when they consider the fetus to have life, when abortion is acceptable, and when it is not. The Pro-life movement in the United States, with few exceptions, is a Christian religious movement.[51] From this viewpoint, the embryo is recognized as a human being from the moment of conception, and any act that destroys a fertilized egg is considered murder. Individuals and organizations in the Christian Pro-life movement have stated a desire to make their interpretation of God’s law in the Bible the law of the United States.[52] Republican nominee for the 2008 presidential election John McCain stated that he believed that the Constitution of the United States established the United States as a Christian nation,[53] and that the reversal of Roe v. Wade, which would allow the abortion question to be ruled on by individual states, would restore balance to the Constitution of the United States.[54] As of 2008, nineteen states had enacted fetal homicide laws, often proposed by pro-life organizations, which recognize the Christian view that life begins at conception.[55]
In Catholicism, the current Pope Benedict XVI holds that “abortion is a grave sin against the natural law.”[56] Some popes have not held this view. Pope Innocent III and Pope Gregory XIV held that the life of the fetus does not begin until quickening (approximately 5 months after conception); and Pope John XXI, (before he became Pope) wrote a book, Treasure of the Poor, which included emmenagogual and contraceptive recipes.[57] St. Augustine held that only aborting a fully formed fetus was a sin. During St. Augustine’s time, the moment that a fetus became fully formed was debated as somewhere between 40 - 80 days.
48
Jo Murphy-Lawless, “Fertility, Bodies and Politics: The Irish Case,”
49
Ursula Barry, “Movement, Change, and Reaction: The Struggle Over Reproductive Rights in Ireland,”
51
S. Holland,
52
Adam Aiger-Treworgy, “Huck, the Constitution and ‘God’s Standards’,”
53
Interview of John McCain by Dan Gilgoff, http://www.beliefnet.com/story/220/story_22001_1.html (accessed July 15, 2008).
54
Official Website for John McCain, “Human dignity and the sancity of Life: Overturning Roe v. Wade,” http://www.johnmccain.com/Informing/Issues/95b18512-d5b6-456e-90a2-12028d71df58.htm (accessed July 16, 2008).
55
U.S. Department of Health and Human Services, “Fetal Homicide,”
56
Sacred Congregation for the Doctrine of the Faith, “Declaration on Procured Abortion,” http://www.vatican.va/roman_curia/congregations/cfaith/document s/rc_con_cfaith_doc_19741118_declaration-abortion_en.html (accessed July 16, 2008).
57
John M. Riddle,