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Articles

Abortion and Self-Ownership

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April 16, 2014

Last July I boarded a bus and drove down to Austin for a pro-life rally on the steps of the Texas State Capitol. We arrived more than an hour before the scheduled start time of the rally, so I had the opportunity to take in my surroundings and observe the arguments being made by the abortion-rights protestors. In what was often crass language, the abortion-rights argument being made at the Capitol that day essentially boiled down to one point—a woman has the right to do what she wants with her own body. This can be described as a right to privacy based upon self-ownership.

Since this right is not explicitly spelled out in the Constitution, where does it find its origin? In contemporary jurisprudence, the right to do what you want with your own body (i.e., the right to privacy) is drawn from the “penumbras” and “emanations” of the Bill of Rights according to Griswold v. Connecticut and out of the 14th Amendment’s restriction on the state from depriving “any person of life, liberty, or property, without due process of law.” Applied to the abortion issue, these ideas regarding the right to privacy form the foundation of the Roe v. Wade decision that opened the door for abortion on demand. However, the supposed “right to privacy” found in the Bill of Rights and the 14thAmendment still does not make self-ownership clear.

Even though most abortion-rights proponents do not make the explicit connection, the right of self-ownership is typically attributed to the work of John Locke in The Second Treatise of Government. Locke writes, “Though the earth and all inferior creatures be common to all men, yet every man has property in his own person. This nobody has any right to but himself” (V.27). There is no doubt that John Locke’s work was very influential upon the Founders of the United States, and language from the Second Treatise appears directly in the Declaration of Independence and the Constitution. However, are we correct in inferring a right to self-ownership of our bodies from Locke?

Locke’s premise of self-ownership is based on the idea that an individual in the state of nature has liberty to do what he wishes with his own property and possessions without depending upon the will of another man. It is in the state of nature that we find inherent rights to life, liberty, and property. It is at the intersection of the rights of liberty and property that we find those who make the claim for absolute liberty in self-ownership.

How does this apply to the abortion debate? Abortion proponents generally adopt an understanding of absolute liberty in self-ownership that would allow them to do anything they want with their own bodies. Therefore, the choice to end a pregnancy on the basis of self-ownership is the natural consequence of this absolute liberty. No person or governing authority has the right to limit this freedom. As a result, the woman can choose to have an abortion without consulting the father, the government, or the unborn child.

With Locke’s words that “everyone has property in his own person” ringing in the background, abortion-rights advocates declare that neither the government nor the citizenry can tell any woman what she can or cannot do with her body. They call for absolute liberty regarding the body based on self-ownership.

Considering Locke’s influence on our most important founding documents, it may seem that there is a solid case to be made that the Founders implied self-ownership in the language of the Constitution. However, there is a glaring problem regarding its application to abortion—Locke himself did not view self-ownership as an absolute right. Locke explains in the Second Treatise:

But though this be a state of liberty, yet it is not a state of licence, though man in that state have an uncontrollable liberty to dispose of his person or possessions, yet he has not liberty to destroy himself, or so much as any creature in his possession, but where some nobler use than its bare preservation calls for it. The state of nature has a law of nature to govern it, which obliges everyone. And reason, which is that law, teaches all mankind who will but consult it that, being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions. (II.6)

According to Locke, then, self-ownership is a limited right. One cannot destroy himself or another creature in his possession without a nobler use than mere preservation. Aborting the life of an unborn child for the sake of convenience or because the child is unwanted does not meet Locke’s test of a nobler cause.

Locke further clarifies, “For men being all the workmanship of one omnipotent and infinitely wise maker, all the servants of one sovereign master, sent into the world by his order and about his business, they are his property whose workmanship they are, made to last during his, not one another’s pleasure” (II.6). Right here Locke denies absolute self-ownership and actually places the true right of ownership in the hands of God. It is the Creator who has absolute control over the body, and we are stewards of our own bodies.

If the limitation of self-ownership by Locke were not enough, he makes another argument that would deny an absolute right of self-ownership as justification for abortion. Later in the Second Treatise, Locke addresses the question of parental authority and the duty that parents owe to their own children. He writes, “The power, then, that parents have over their children arises from that duty which is incumbent on them to take care of their offspring during the imperfect state of childhood” (VI.58).

Notice that while parents have authority and power over their children, it arises from the duty and obligation they have for their children’s care. This arises during what he calls the “imperfect state of childhood.” As evidenced from other discussions regarding the authority of parents, Locke considers this imperfect state to be the time during which a child has not developed the full rational capacity to make his own choices.

Interestingly, many abortion proponents make the case that the reason why a child in the womb can be aborted is that he has not developed the rational capacity to be a person. Since they believe personhood is achieved, then they declare that the child in the womb has no right to life. His life can be terminated without consequence.

However, Locke seems to disagree. He believes it is incumbent upon the parent to fulfill her duty toward the “imperfect” child, which would include protection of that child’s life. At this point, we have a clash of rights. The mother wants to exert her right of self-ownership, but the unborn child has a right to life. Since the right of self-ownership is not absolute, the child’s right to life trumps self-ownership. In Locke’s view, parental obligation requires that we protect the rights of the child, the chief of which is the right to life.

Therefore, invoking Lockean self-ownership is not consistent with abortion. If the “penumbras” and “emanations” of the Constitution speak of a right to privacy and self-ownership, they most assuredly speak in Lockean terms. His influence on the Founders is undeniable. If Locke’s ideas are the ones speaking about self-ownership, then we need to consider his thoughts in their context. As we have seen, Locke’s understanding of self-ownership is not absolute, and he places an incumbent duty on parents to protect the rights of their children. Taken together, these ideas nullify a right to abortion based on a supposed right to privacy and self-ownership.

Evan Lenow

Evan Lenow serves as Director of Church and Minister Relations and Associate Professor of Christian Studies at Mississippi College in Clinton, Mississippi. He is also the director of the Clinton Extension Center for New Orleans Baptist Theological Seminary. He holds a B.A. in Communication from Mississippi College and an M.Div. … Read More

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24