Catholics for Kerry

Monday, October 25, 2004

FYI-The Catholic Church Does Approve Terminating Pregnancies in Certain Cases

Even thought the conservative voices and the hierarchy prclaim loudly their absolute anti-abortion stances (even in cases of rape and incest), one thing they are hush about is the church's backdoor "approval" of abortion/abortive proceedures/terminating pregnancies.

In a comment box discussion with Catholics for Bush I make the point that the Church actually does allow abortions in certain cases. However, that approval is hidden its doctrine of double effect, a principle credited to Thomas Aquinas, who developed it to justify killing in self defense.

This Stanford website gives a good explanation of the principle of double effect. Basically the principle says:

The doctrine (or principle) of double effect is often invoked to explain the permissibility of an action that causes a serious harm, such as the death of a human being, as a side effect of promoting some good end. It is claimed that sometimes it is permissible to cause such a harm as a side effect (or “double effect”) of bringing about a good result even though it would not be permissible to cause such a harm as a means to bringing about the same good end. This reasoning is summarized with the claim that sometimes it is permissible to bring about as a merely foreseen side effect a harmful event that it would be impermissible to bring about intentionally.


Here are the classic conditions for double effect:


1. The act itself must be morally good or at least indifferent.
2. The agent may not positively will the bad effect but may permit it. If he could attain the good effect without the bad effect he should do so. The bad effect is sometimes said to be indirectly voluntary.
3. The good effect must flow from the action at least as immediately (in the order of causality, though not necessarily in the order of time) as the bad effect. In other words the good effect must be produced directly by the action, not by the bad effect. Otherwise the agent would be using a bad means to a good end, which is never allowed.
4. The good effect must be sufficiently desirable to compensate for the allowing of the bad effect” (p. 1021).


If we take the classic case used, that of an ectopic pregnancy. What is an ectopic pregnancy? (From Ectopic Pregnancy Trust)

What is an Ectopic Pregnancy?
Put very simply, an ectopic pregnancy means "an out-of-place pregnancy".

It happens when a woman's ovum when it has been fertilised by a man's sperm, instead of moving down her fallopian tube into the womb to develop there, remains "stuck" in the tube.


In the case of the ectopic pregnancy the fetus is stuck in the fallopian tube. If the fertilized egg is left there it'll rupture the fallopian tube and result in death for the woman (and the baby). Thus, the heartbreaking situation is that for the mother to live, the baby must die.

Now Catholic theology cannot allow for a direct abortion because such an action is seen as intrinsically evil and thus never justified. However, the principle of double effect kicks in and the baby can be aborted as a side effect or "double effect" or another proceedure. In this example classic Catholic moral theology says that the doctors may remove the fallopian tube with the direct of intention of saying the mother's life from a tube rapture. However, as a side effect of that action, the baby is inevitable killed. However, according to the principles of double effect, the death of the baby is tolerated because the good effect of saving the mother's life is sufficiently desireable to the bad effect of the baby's death. So as long as the intent was to save the mother's life and not the destruction of the baby, that situation is okay.

Now, the problem here is that this is not a case in which a pregnant mother has, say cancer of the kidneys and life-saving surgery is required which puts the baby at extreme risk. In the case of the cancerous kidney, it is possible to save both the mother's life and that of the baby's. (double effect can apply here to address the moral question of what level of risk is acceptable in order to save the mother's life.) However, in the case of ectopic pregnancies, the baby will be the ultimate cause of the mother's death and it is the baby that ultimately has to be terminated for the mother to live. Now, even if everyone directs their intention to the saving of the mother's life, it is still clear what the ultimate result needs to be that the baby must be terminated. This is done indirectly by removing the fallopian tube and thus, not called an abortion. But it is clear that it really is an abortion, or an abortive action.

I remember that one of the criticisms of Ru-486 or one of those pill contraceptives/abortifacients was that it worked, not by acting directly on the baby, but drying out the uterine wall or doing something indirectly to cause the baby to starve. The anti-abortion crowd argued that it was an abortive effect even if the pill wasn't acting directly on the baby and equally as rephrensible. It follows then, that in the case of an ectopic pregnancy, in which the baby must die for the mother to live, even if the direct action is directed at something else, it is ultimately designed to result in the baby's death. It is an abortive proceedure.

So the point here is that the Church allows for the termination of pregnancies in cases of ectopic pregnancies. I've heard people argue that it is not technically an abortion and does not fall into the AMA category of abortion, etc. It doesn't matter what it is classified as, the point is that we know ultimately that the baby has to be terminated by the actions of those involved; basically, we are giving the woman the choice in this very difficult situation to terminate her pregnancy.

The cries of the conservative anti-abortion movement for an absolute ban on abortions is not consistent with the Church's theology. The Church realizes that in certain situations the woman should have the choice (Does the woman have a moral obligation in an ectopic pregnancy to save her life? That's a discussion for another day and blog). For now, it is enought to acknowledge that the Church is more pro-choice than it lets on.

3 Comments:

  • Some truth about 'Dounle Effect'

    From http://www.ewtn.com/library/PROLENC/ENCYC043.HTM:

    Abortion to Save the Life of the Mother
    The 'Double Effect.'

    Source of Confusion.

    The very rare cases of pregnancy that pose a real and immediate threat to the mother's life including uterine cancer and ectopic pregnancies are a source of great confusion, especially among Catholics.

    It is absolutely true that the Catholic Church bans abortion to save the life of the mother. However (and this is an extremely important point) the mother's life may be saved by a surgical procedure that does not directly attack the unborn baby's life.The most common dysfunctions that may set a mother's life against that of her unborn child's are the ectopic pregnancy, carcinoma of the uterine cervix, and cancer of the ovary. Occasionally, cancer of the vulva or vagina may indicate surgical intervention.

    In such cases, under the principle of the "double effect," attending physicians must do everything in their power to save both the mother and the child. If the physicians decide that, in the case of an ectopic pregnancy, the mother's life can only be saved by the removal of the Fallopian tube (and with it, the unborn baby), or by removal of some other tissue essential for the preborn baby's life, the baby will of course die. But this would not be categorized as an abortion. This is all the difference between deliberate murder (abortion) and unintentional natural death.

    The principle of the "double effect" also applies to sexual sterilization. If a woman must have a hysterectomy to remove a dangerously cancerous uterus, this will result in her sterilization, but is not a sinful act. However, if the purpose of the operation is not to heal or safeguard health, but to directly sterilize, then that act is intrinsically evil and is always a mortal sin.[12]

    Statement of Intent and Principle.

    Pope Pius XII summarized the intent of the double effect when he addressed the Family Front Congress on November 27, 1951; "Both for the one and the other, the demand cannot be but this: To use every means to save the life of both the mother and the child."[13]

    Pius also stated the general principle of the "double effect" on October 29, 1951, at his address to the Italian Union of Midwives. This speech is codified in the Pope's Acta Apostilicae Sedis, 43(1951), page 855.

    Article 14 of the Sacred Congregation for the Doctrine of the Faith's Declaration on Procured Abortion (November 18, 1974) reiterates it.

    The pertinent passage of this document reads; "Deliberately we have always used the expression 'direct attempt on the life of an innocent person,' 'direct killing.' Because if, for example, the saving of the life of the future mother, independently of her pregnant condition, should urgently require a surgical act or other therapeutic treatment which would have as an accessory consequence, in no way desired or intended, but inevitable, the death of the fetus, such an act could no longer be called a direct attempt on an innocent life. Under these conditions the operation can be lawful, like other similar medical interventions granted always that a good of high worth is concerned, such as life, and that it is not possible to postpone the operation until after the birth of the child, nor to have recourse to other efficacious remedies."Yet More Silliness.

    As described in Chapter 10 of Volume I, "Infiltration and Subversion," one of the most effective general strategies employed by pro-abortionists and other anti-lifers involves the assertion that "this is not a black and white question." In other words, the pro-aborts would have us believe that there is some enormous (and necessarily undefined) grey area within which many ethical questions fall.

    Of course, this concept is the ultimate red herring: According to 'Catholics' for a Free Choice and other phony 'Christians,' any abortion that any woman wants inevitably falls into this "gray area."

    As with every other ethical and moral question posed to pro-abortionists, "wanna-be" theologians stretch the "double effect" to cover all abortions, and the effects are frequently comical. For example, John Swomley, a propagandist for the 'Religious' Coalition for Abortion Rights, claims that "The Roman church argues that although the death of the fetus is foreseen, it is not intended because the intention is to preserve the health and life of the woman. Isn't it just as reasonable to assert that the intention of most women is the separation of the fetus from the woman, not the killing of the fetus, though its death may be foreseen?"[14]

    Swomley obviously isn't thinking here: He "forgets" that Canon law requires that the desired effect (in his example, "separation of the fetus from the woman") must be accomplished in such a way as to best assure the survival of both mother and child. Thus, the approved method to achieve "separation" would be the natural termination of pregnancy known as "birth," occurring at about nine months' gestation.

    Additionally, if the intention of most women is the "separation of the fetus from the woman," why do 1.6 million women reject adoption each year? And why do abortionists deliberately use methods designed to kill preborn babies in late abortions? It is plain that the purpose of abortion is indeed to produce a dead baby.

    By Blogger David, at October 27, 2004 at 3:22 PM  

  • In such cases, under the principle of the "double effect," attending physicians must do everything in their power to save both the mother and the child. If the physicians decide that, in the case of an ectopic pregnancy, the mother's life can only be saved by the removal of the Fallopian tube (and with it, the unborn baby), or by removal of some other tissue essential for the preborn baby's life, the baby will of course die. But this would not be categorized as an abortion. This is all the difference between deliberate murder (abortion) and unintentional natural death.

    The principle of the "double effect" also applies to sexual sterilization. If a woman must have a hysterectomy to remove a dangerously cancerous uterus, this will result in her sterilization, but is not a sinful act. However, if the purpose of the operation is not to heal or safeguard health, but to directly sterilize, then that act is intrinsically evil and is always a mortal sin.[12]
    You've got to be kidding! This is the point! The Church has solved its problem here by re-categorizing. We don't categorize this as an abortion, therefore, it is not an abortion. Let's face it, the fact in these cases, rare or not, is that the baby has to be killed for the mother to live. This is not a case in which a procedure is done where you can do all you can to save the baby's life, yet succesfully perform the procedure. In these cases, the simple point of the surgical procedure is to cause the baby to die, period. I think it is cowardly to hide behind the indirectness of the action. In the case of the ectopic pregnancy, the fallopian tube is removed so that the baby can die.

    What you are saying is that the difference here is between "killing" and "murder." At least, you accept that it is "killing" the baby. I suspect if you think through this honestly and clearly enough, you'll see that intent to end a life is there and then your distinction between killing and murder fades. And maybe then, you'll choose your words differently. Or if you insist on calling abortion "murder," then at least have the fortitude to openly declare similarly harsh murder penalties for women who have abortions.

    By Blogger Ono, at October 27, 2004 at 5:45 PM  

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