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Why New York’s Abortion Law isn’t the Worst News

Why New York’s Abortion Law isn’t the Worst News

Abortion. It’s an emotional topic, and it’s turned into a political topic – a polarizing one at that.

Just recently, New York’s Governor Andrew Cuomo signed a new law regarding abortion in the state of New York. In short – the law removed what little abortion limitations existed prior. Specifically, there are now no limitations to receiving an abortion in the first and second trimester, and abortions up to the point of birth are now legal provided “the practitioner's reasonable and good faith professional judgment based on the facts of the patient's case” find an “absence of fetal viability” or if necessary “to protect the patient’s life or health.”

What?

It means that a health practitioner can use subjective judgement to deem an abortion necessary. In case you missed it - health practitioners don’t necessarily have to be doctors, they can be nurse practitioners or physician’s assistants. In addition, with the previous abortion laws babies were protected and given the same basic human rights if they were born alive during the abortion procedure – meaning a baby that survived an abortion was protected as a live born infant – and that protection was just removed. So now, a baby that survives an abortion and is a living, breathing infant no longer has any legal protection.

Oh, and one more thing – after 24 weeks a fetus was considered a human, and therefore killing one was considered homicide and abusers and criminals could be charged with homicide for aborting a pregnancy via assault or with double homicide if they killed the mother. Because of the way the penal code was rewritten – this is no longer considered homicide because a post 24-week fetus is no longer considered a “human person” by the state of New York.

The passing of this law is being called a win for women’s rights – and those opposed are being accused of attacking women’s rights. I suppose that has something to do with the fact that the voices of the unborn can’t make an argument for their own rights quite as loudly as grown women can.

This law isn’t the worst thing happening in New York.

Wait, I’m kidding right? No. I’m really not.

The abortion law itself isn’t actually the worst thing that’s happening in New York. It’s the outcry of the people who wanted the law. For some reason or another New York’s senate deemed it necessary to make it easier to terminate a pregnancy and the people of New York celebrated. Seriously, they lit buildings and cheered. There are other residual side effects of this law that I’m not going to talk about today, but you can read another article about it here.

So, the law passed, then of course – the absolute disgust of the pro-life side of the argument appeared on the scene and both sides started calling each other names and calling each other biased.

The pro-choice side: A woman has the right do to what she will with her body, and no one should be able to limit her rights. The pro-life rebuttal: A fetus is a child and even though they are growing within their mother – they have the right to their own body as well, regardless of their current location.

The pro-life side: A fetus is a living human and to abort the pregnancy is murder. The pro-choice side: A fetus isn’t alive. As mentioned above, according to the New York penal code – a fetus is no longer a “human person.”

Take a minute to digest this information: 1 in 3 pregnancies in New York end in abortion – and that was before this new law.

Shocked? So was I. Why are so many women turning to abortion as the best alternative? Surely there’s another option. Adoption, maybe? Right along with the other 5,000 children waiting to be adopted.

For some reason or another, 1/3 of pregnant women in New York have decided that the best option was to terminate their pregnancy. Is it because of money? 18.4% of New York’s population lives below the poverty level, so that might be part of it. Is it because of abuse – they don’t want to bring a child into a home of hatred and neglect? Maybe, in 2015 there were 156,994 children referrals for child abuse and neglect. There were also 20,921 children in out of home care (foster care, living with grandparents, etc.).

Are these statistics the reason women are terminating their pregnancies? There may be some who argue that the reason why isn’t the point. The point is that abortion is (a) wrong or (b) their decision and nobody’s business.

The pro-choice side: A woman has the right do to what she will with her body, and no one should be able to limit her rights. The pro-life rebuttal: A fetus is a child and even though they are growing within their mother – they have the right to their own body as well, regardless of their current location.

The pro-life side: A fetus is a living human and to abort the pregnancy is murder. The pro-choice side: A fetus isn’t alive.

Personally, I’m disappointed with both sides of the crowd. There is an underlying cause. And that cause is important. There’s a reason so many women see an abortion as the best option. Most people – both pro-choice and pro-life – would agree that it would be more ideal if abortions weren’t necessary, either by preventing an unwanted pregnancy prior to conception or by providing these women with support after an unplanned pregnancy (safety from abusers, a safe living situation, money for food and necessities, etc.). Why have we not been able to find the cause, and a solution?

I’ve got to be honest – I’m more likely to side with the pro-life argument (as you may have guessed). To me pro-life isn’t just about being against abortion though. I don’t want a child to be born into a life of neglect, abuse or poverty. I know there are children already in this world who need help. There are children in the foster care program who have been moved from inadequate home to inadequate home and that isn’t fair to them. I also believe that anyone claiming to be pro-life ought to be making efforts to help those already alive – not just holler when abortion is involved.

Now, I disagree with New York’s new law – but I can try to empathize with those potential single mothers terrified of admitting to their family and friends that their partner has abandoned them, and they have no money to support themselves let alone another small human.

Something has got to change – I don’t think the new law is the right change (go ahead, disagree). I think change needs to happen in the affordability and availability of good childcare, availability of safe contraceptives, better sex education – and most of all – children being raised in safer, more healthy homes. Is this too much to ask?

I don’t have the answers. I don’t have the solutions. It would help if we could remove the political lines from this already emotional topic and work together as a country to improve the lives of our youth. Am I asking for a unicorn? Maybe.

Maybe we can start by discussing our problems without hatred and name calling. Maybe we can forget who we voted for and give each other a hug and accept that our opinions differ. Maybe we can learn to see arguments from the other point of view. Maybe we can get that unicorn.

As always, I am but a work in progress.

Cheers.

Please note, most of these statistics are from 2015 and can be referenced here.

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