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Who counts as a person?

Today’s question in the abortion debate

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December 1, 2020

I had the dubious distinction of graduating from high school in 1973, the year Roe v. Wade and Doe v. Bolton where handed down by the Supreme Court, giving the U.S. the most permissive abortion policy in the Western world. I remember well the question everyone was asking at that time: “When does human life begin?” 

Justice Harry Blackmun famously wrote in the court’s majority opinion, “We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man’s knowledge, is not in a position to speculate as to the answer” (p 159). For decades, the abortion debated hinged on the answer to that question. 

Today, no matter what their view on the legality of abortion, every informed and honest person agrees that an individual human life begins at conception. The science is settled. When half the chromosomes from a woman’s egg line fuse with the other half from a man’s sperm, a new, genetically unique human being comes into existence. To be exact, at least one genetically unique human being comes into existence, because twinning is still possible at that point.  So, human life begins at conception.

We’ve known the science for a long time, but the implications have become clearer over time. For instance, the debates in the early 2000s over human embryonic stem cells actually helped to clarify the debate about abortion. For a long time, the debate about abortion was ostensibly as much about a woman’s body as about the destruction of an embryo or fetus. Abortion was justified, and still is by many, on the basis of a woman’s right to control what happens in her body. The fetus is in her body, so the woman has a right to have it removed, even if doing so results in the death of the fetus—or so the argument goes. 

With the human embryonic stem cell debate, the woman’s body was removed from the equation. The light was shown like a laser on the living human embryo. Human eggs and sperm were retrieved from donors, fertilized in a petri dish, and coaxed to develop in vitro (literally, in glass). The debate about human embryonic stem cell research was never about “when human life begins.” Everyone knew that the eggs were from a human female, the sperm from a human male, and the result was living human embryos. Dead embryos would not work for research purposes. And the scientist doing the research did not want dog embryos, cat embryos, or even mouse embryos. They wanted human embryos, and that’s what they got. Living. Human. Embryos.

The question of personhood

How, then, can someone who believes that human life begins at conception justify abortion or even human embryonic stem cell research? Because the question has been reframed. Of course the embryos are clearly human, and of course these tiny humans are clearly alive, but they are not persons. The argument shifts then. Yes, persons have a right to life—a right not to be unnecessarily harmed—but, the argument goes, human embryos are not yet persons. Only persons have a right to life. 

When does personhood begin?  That is the question now. Or to put it another way, are embryos persons? Are fetuses persons? For that matter, are newborns persons?  

In a seminal essay on abortion, reprinted in nearly every introductory anthology on ethics, philosopher Judith Jarvis Thomson posed a hypothetical. Suppose, she said, you awakened one morning to find that someone had surgically connected your kidneys to a world-class concert violinist in order to preserve the ailing violinist’s life. This will mean that you might be confined to a bed for nine days, nine months, or nine years, depending on how long he lives. Thomson asked, “Are you morally obligated to maintain the connection?” 

She then embarks on a very interesting, if convoluted, journey to try to demonstrate that you only have a very minimal obligation to sustain the life of the violinist if doing so does not cause great inconvenience to you. Even though she is willing to grant for the sake of the argument that a fetus is a person, at the end of the essay she reveals her own view of the moral status of the unborn human being. “At this place, however, it should be remembered that we have only been pretending throughout that the fetus is a human being from the moment of conception. A very early abortion is surely not the killing of a person, and so is not dealt with by anything I have said here.” Case closed. Fetuses are not persons, according to Thomson. So, is no harm done in killing “it”? No, to be accurate, the fetus is a him or her. Even our language signals that fetuses are gendered persons. 

What is personhood? Or, better, who is a human person? Human persons (in contrast to divine and angelic persons) are individual members of the species Homo sapiens. Rocks are not persons, plants are not persons, and animals are not persons, despite efforts to grant great apes, dolphins, and other animals personhood status. In theological terms, a human is someone made in God’s image and likeness (Gen. 1:27). 

In Genesis 9:1-7, God makes a distinction between animals and humans, giving Noah and his family permission to kill the animals for food, but prohibiting the unjust killing of another human being because humans alone are made in God’s own image. The image of God, the imago Dei, is the basis of human exceptionalism. Although there are various theories about just what constitutes the image of God in humanity, it’s clear from Scripture that human beings alone are made in God’s image.

Human beings—imagers of God—are persons from conception. This is clear in passages like Psalm 139:13-16 (HCSB):

For it was You who created my inward parts;
You knit me together in my mother’s womb.
I will praise You
because I have been remarkably and wonderfully made.
Your works are wonderful,
and I know this very well.
My bones were not hidden from You
when I was made in secret,
when I was formed in the depths of the earth.
Your eyes saw me when I was formless;
all my days were written in Your book and planned
before a single one of them began.

David, the psalmist, acknowledges God’s intricate handiwork in the womb. He also realizes that God knew him as a person before he was born. The real questions today, then, are who counts as persons, and what are our obligations to persons? If every member of the species Homo sapiens is a person, then we have certain obligations not to unnecessarily harm other human beings. The unjust taking of the life of an unborn human being is a harm. Therefore, abortion is wrong because it is the destruction of a human person. 

C. Ben Mitchell

Ben Mitchell, Ph.D., is a research fellow of the Ethics & Religious Liberty Commission and a member of the Ethics Committee of the Christian Medical & Dental Associations. In 2020, he served as a member of the NIH Human Fetal Tissue Research Ethics Advisory Board. Mitchell served as a trustee … 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