A very loyal pro-life reader who enjoys his martinis recently sent me the following note: “Dear Pat: I have read your blog for years and you are clearly the most articulate voice in the pro-death movement. Indeed, several times I have come close to converting to your side based on some of your very persuasive arguments. But after the effects of the martini wore off, I came to my senses. Now, my question is do pro-lifers have the right to break the laws that protect the killers and their helpers?’
Well, I appreciate those very kind comments. Now, let’s get to the question.
Let me first lay out my qualifications (or lack thereof). I went to law school for one year then dropped out, so I am NOT a lawyer. Indeed, I totally bombed on my constitutional law final exam. In addition, I am a former “hippie” who actively opposed the Vietnam War but was never arrested. And I’m too lazy to do a lot of Google research on the definition of “rights.” But I’m smart enough to realize that I am somewhat of a pro-choice “voice” and that this is one of those “gotcha” questions that we all pose in the hopes of trapping our opponents and, if successful, letting the world know about it. But I really don’t care about being “caught” in a seemingly contradictory position or providing some “evidence” that I might have some reservations about the abortion issue (as I have suggested when it comes to third trimester abortions).
Still, my answer on this question is NO.
Of course, those of you who oppose abortion have the ability to break any law you want, including the one that says you can’t murder anyone, bomb a building or trespass on private property. It’s happened in the past and will happen again. So, if you are willing to deal with the consequences, folks, knock yourself out.
But I think it is inherently contradictory to suggest that you have a “right” to break a law. If that were the case, there would only be chaos. When you break the law, you are taking the chance that you will be caught and punished. Now some might harken back to our Founding Fathers who, during their deliberations on the Declaration of Independence, knew they were committing treasonous acts. In fact, many argued that they had an obligation to break the law. But I don’t think any of them would have suggested that it was their “right” to commit treason. Then, later, there were the abolitionists who felt the same moral obligation to free the slaves but they also suffered the legal consequences for some of their unlawful actions.
When I was up to my eyeballs in anti-Vietnam protests, I might have thought that I was doing the moral thing, but I never ever in my wildest dreams would have thought that it was my “right” to violate any laws. Yes, it was my right to protest, Free Speech and all, but only within certain parameters and if I chose to cross those lines, I knew I could be arrested. And, if I was arrested, I could never with a straight face defend myself by suggesting it was my “right” to violate the law.
Looming behind this question is the old “justifiable homicide” argument that Paul Hill made famous. He basically suggested that it was his right to kill a doctor who was going to perform an abortion – but no court ever bought it. Indeed, most pro-lifers never agreed with him either. The purpose of this question that has been posed is designed to get me to agree that killing an abortion doctor is legally defensible. So, nice try, my pro-life friend, but no dice.
Enjoy your martini!