|
A small story from Britain carries a big message for the United States.
On Tuesday, members of Parliament voted against an attempt to ban all abortions in the last six months of pregnancy. The surprising note in the AP account reported that “legislators voted in favor of keeping the current law, which allows abortions during the first 24 weeks of a woman’s pregnancy.”
In other words, Britain decided to keep its present policy of not permitting last trimester abortions – maintaining a more restrictive standard than the United States.
Considering the general assumption that American society embraces more conservative and more religious attitudes than the UK, why would our cousins across the pond follow a less strident pro-abortion approach than the government of this Republic?
The answer, of course, is that the Brits decided the issue through Parliament, inevitably reaching a moderate, compromise policy. No one could describe a nation as “pro-life” that allows abortions for the first six months of pregnancy, but the recent parliamentary debate showed a more flexible, nuanced approach than the U.S. The legislators debated a change in abortion policy, with no question as to whether they had the right to do so.
In the United States, however, the courts have usurped all decision-making on this issue, and judicial activism makes compromise or moderation impossible. The Supreme Court invented (they say “discovered”) a Constitutional “right” to abortion that applies in most cases even during the last three months of pregnancy. With the courts in control, the people and their elected representatives remain powerless to alter the rules.
When judges make law, the law takes shape in extreme and absolutist terms.
That’s part of the problem with the California Supreme Court decision on same-sex marriage. If left to legislatures, there’s a natural tendency to seek middle ground on this issue – enacting civil unions, but not gay marriage, in California, New Jersey, Vermont, Hawaii and other states. When courts call the shots, this natural split-the-difference approach – with privileges similar to marriage, but without changing the institution of marriage itself –becomes impossible. In court decisions, one side generally wins while the other side loses, with little chance for taking the middle ground. For judicial tyrants, every issue becomes a question of defining ultimate right or wrong, rather than a matter of finding the wisest policy.
That’s why the United States ended up with the most radical abortion-on-demand rules in the western world – while our “enlightened” allies in Western Europe do more to restrict and discourage the termination of pregnancies.
Judicial tyranny on abortion, marriage or any other crucial issue is profoundly dangerous not just because it’s undemocratic and unresponsive, but because it pushes policy toward absolute and polarizing extremes.
In contrast to the sweeping pronouncements of judges, the half-way measures and concessions in legislative decisions may look inelegant, but they prove more workable and flexible in the long run.
|