home *** CD-ROM | disk | FTP | other *** search
- <text id=94TT1040>
- <title>
- Aug. 15, 1994: Essay:Why Not Kill the Baby Killers?
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Aug. 15, 1994 Infidelity--It may be in our genes
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- ESSAY, Page 64
- Why Not Kill the Baby Killers?
- </hdr>
- <body>
- <p>By Michael Kinsley
- </p>
- <p> In the end, almost everyone is against killing doctors who practice
- abortion, though it is a little hard to understand why. The
- logic of Paul Hill--that abortion equals baby killing, that
- there is a "holocaust" going on and that therefore killing an
- abortionist is "justifiable homicide"--may be insane, but
- it is more consistent than the logic of those who share all
- of Hill's premises but reject his conclusion.
- </p>
- <p> On July 29, Hill shot and killed Dr. John Britton and a clinic
- volunteer at an abortion clinic in Pensacola, Florida. Almost
- all elements of the right-to-life movement condemned the killings.
- But why? After all, the practical effect of such actions is
- not merely to put one baby killer out of business but to chill
- the entire practice of abortion in America. Surely during the
- real Holocaust it would have been "justifiable homicide" to
- kill a German camp guard, if that would have slowed the feeding
- of the gas chambers.
- </p>
- <p> Until last week, the American Center for Law and Justice (A.C.L.J.),
- a self-styled conservative clone of the American Civil Liberties
- Union (A.C.L.U.), was supplying Hill's legal defense on earlier
- charges of harassing abortion patients. The A.C.L.J. is part
- of the religiopolitical empire of Pat Robertson, who certainly
- considers himself mainstream. Yet Hill never made a secret of
- his belief in the moral necessity of killing abortionists. The
- A.C.L.J. says it was representing Hill because the harassment
- charges infringe his First Amendment right to protest. But the
- A.C.L.J. is not the A.C.L.U., which routinely defends the rights
- of people it profoundly disagrees with (such as Nazis who wanted
- to march through a Jewish neighborhood in Skokie, Illinois).
- The very fact that the A.C.L.J. dropped Hill when he became
- too hot to handle suggests that its previous defense of him
- was motivated by something other than abstract dedication to
- the First Amendment.
- </p>
- <p> Disrupters at abortion clinics frequently invoke the First Amendment.
- They also invoke the traditions of the civil rights movement.
- Believers in abortion rights should take these arguments seriously
- to demonstrate that we don't just believe in civil liberties
- for people we agree with. But there are flaws in the reasoning.
- </p>
- <p> As for the First Amendment, Operation Rescue is quite frank
- that the purpose in its sieges of abortion clinics is not communication.
- It is not attempting to persuade doctors and patients to come
- around to its view that abortion is the murder of innocent babies.
- It is attempting to physically prevent the operation of the
- clinics and/or to make the experience so unpleasant for doctors
- and patients that they will give it up, without the necessity
- of changing their beliefs. The First Amendment does not grant
- me the right to harass you into giving me the contents of your
- wallet. So it certainly doesn't grant abortion opponents the
- right to harass women into giving up their constitutional right
- to choose abortion.
- </p>
- <p> Of course if abortion is truly murder, Operation Rescue may
- well be right not to stop at mere persuasion. But in that case
- it cannot self-righteously invoke the First Amendment. And if
- it is going to invoke instead the glorious tradition of civil
- disobedience, other problems arise. There are different rules
- for legitimate civil disobedience in a democratic society than
- in a place (e.g., Nazi Germany) where working for change through
- the established political system is not an available option.
- </p>
- <p> A cardinal principle of civil disobedience in a democracy is
- that you accept society's punishment--as acknowledgment that
- you are breaking society's rules for what you see as a higher
- cause. Operation Rescue activists have submitted to arrest for
- minor charges like trespassing. But they also like to flood
- the home phone lines of judges who have ruled against them.
- Their purpose is not to "petition for redress of grievances,"
- as protected by the First Amendment; their purpose is to make
- those judges miserable. And even the larger right-to-life movement
- opposes efforts to protect abortion clinics with laws that work.
- </p>
- <p> An abortion clinic is not a lunch counter--and anyway, no
- one was ever prevented from eating lunch by the civil rights
- movement. The antiabortion movement, like the civil rights movement,
- may ultimately persuade society that it has been profoundly
- wrong. But meanwhile, a democratic society cannot fail to protect
- the exercise of what it has determined to be a fundamental right.
- </p>
- <p> Which brings us back to the question of killing abortion doctors.
- Even someone who believes that abortion is murder might reasonably
- conclude that killing abortionists is not justified because
- America is not Nazi Germany: we are a democracy under the rule
- of law. But once a group accepts the premise that the laws enacted
- by a democratic society are no legitimate deterrent in efforts
- to prevent "baby killing," it becomes harder to see what is
- wrong with stopping the murders by killing the murderers. The
- Operation Rescue people are not pacifists. They do not believe
- in the principle that violence is always wrong, even in response
- to violence. So why not kill the doctors? Paul Hill understands
- their logic better than they do.
- </p>
- </body>
- </article>
- </text>
-
-