Fetal Personhood is not a benign belief. It is inextricably intertwined with violence. For decades, Americans have watched as “fanatics who believe in fetal personhood have taken the lives of those who do not.”1 But this violence has never been limited to the streets; it also appears in court hearings and hospital beds, but it's no less bloody. This is the story of Fetal Personhood violence.
Outline
Fetal Personhood is used to justify violence
From the late 1970s through the 1990s, “an epidemic of anti-abortion violence took place in the United States.”2 This violence was “directed at patients and those working in abortion care.”3 One report found that from just 1977 to 1988, there were “222 clinic invasions, 220 acts of clinic vandalism, 216 bomb threats, 65 death threats, 46 assault and batteries, 20 burglaries, and 2 kidnapings.”4
In 1978, for example, someone posing as a delivery man entered an Ohio clinic.5 Once inside, the man temporarily blinded a clinic worker by throwing chemicals on her face; he then spread gasoline around an operating room and set the clinic on fire.6 The clinic was filled with patients at the time.7 Luckily, they were able to escape without injury, but the clinic was completely destroyed by the blaze.8
As evangelical protestants began to embrace the Catholic doctrine of Fetal Personhood, anti-abortion violence increased.
Anti-abortion “[v]iolence peaked twice, with bombings and arson at their highest levels from 1984-1986, and again from 1991-1992.”9
The first peak in violence (1984-1986) coincided with White conservative evangelicals’ growing adoption of the Roman Catholic view of fertilized eggs, embryos, and fetuses as full, rights-holding persons: "The human being is to be respected and treated as a person from the moment of conception; and therefore from that same moment his rights as a person must be recognized.”10 This typifies the Containment View of pregnancy (see ¶ 2-3 here).
“As the foetus was portrayed as an unborn person,”11 abortion was increasingly “starkly framed as a no-compromise issue, a fight that could not be won while there were still physicians left in America willing to perform the procedure.”12
Thanks to the efforts of Paul Weyrich, “a conservative activist and architect of the Religious Right,”13 to “create a conservative Catholic-Protestant voting bloc capable of taking over the GOP,”14 conservative evangelicals, “began entering the [anti-abortion] movement in large numbers beginning in the 1980s, which corresponded with a peak in the amount of antiabortion street protest (and violence).”15
Christian fundamentalists’ and White conservative evangelicals’ heavy focus on eschatology, “the branch of theology that is concerned with the end of the world,”16 influenced their anti-abortion rhetoric, which increasingly took on an apocalyptic tone.17 “This apocalyptic tone bred warlike rhetoric.”18 As political scientists Carol Maxwell and Ted Jeden have noted, there is a “correlation between the martial metaphors used by anti-abortion activists and participation in direct-action.”19
The personhood of the fetus was often invoked as a justification for direct-action and violence.202122
Convicted clinic bomber John Brockhoeft stated, ''We assert… [t]hat the unborn baby, the preborn baby, is absolutely a human being, and therefore anything whatsoever that applies to innocent human beings in general equally applies to them -- to the unborn babies.''23
Rachelle “Shelley” Shannon, who was convicted of the attempted assassination of a doctor and of multiple arsons and acid attacks, said that everyone “should be able to tell that real people are really being murdered by real mass murderers. Who in their right mind wouldn't try to stop them?” (emphasis mine).24
“When opposing abortion,” activists often “engaged in rhetorical overweighing, in which ‘rhetors attempt to show that the values and interests of their side carry more weight than those of the opposition’… [A]nything but an uncompromising anti-abortion stance was tantamount to accepting legalised murder.”25
“This one-dimensional understanding of the issue informed the anti-abortion movement's response to violence. All those who fought against abortion must by definition be virtuous as their values were self-evidently superior to the other side’s… [T]his distillation provided[] tacit justification for those who engaged in anti-abortion violence” (emphasis mine).26
The end of the second peak of anti-abortion violence (1991-1992) “marked the start of an eighteen-month period in which five abortion workers were assassinated, beginning with the murder of Dr. David Gunn on 10 March 1993.”27
Dr. David Gunn, a 47 year-old OB-GYN and father of two, was shot multiple times as he exited his vehicle in the clinic parking lot.28 He was assassinated by Michael Frederick Griffin, a 31 year-old Christian Fundamentalist.29
Just before opening fire, Griffin shouted at Dr. Gunn, “Don’t kill any more babies!”30
In the year before Dr. Gunn’s assassination, anti-abortion activists had initiated a campaign of intimidation, harassment, and stalking against him. Activists hung “WANTED” posters “all over the region including his home town, offices, and around [his daughter's] high school.”31 The “WANTED” posters featured Dr. Gunn’s photograph, home address, phone number, his work schedule, a description of his vehicle and his license plate number, and other personal and identifying details (see image below).
On June 9, 1993, three months after the assassination of Dr. David Gunn, Presbyterian minister Paul Jennings Hill issued a “Defensive Action Statement” that was signed by 30 anti-abortion leaders.32
The Defensive Action Statement invoked the personhood of the “unborn child” in professing that “whatever force is legitimate to defend the life of a born child is legitimate to defend the life of an unborn child.”33 It also defended Dr. Gunn's assassin, Michael Griffin, by declaring that Griffin's “use of lethal force was justifiable provided it was carried out for the purpose of defending the lives of unborn children. Therefore, he ought to be acquitted of the charges against him.”34 The signatories included protestant pastors and Roman Catholic priests.
One signatory, Wisconsin Pastor Matthew Trewhella, is currently influencing Republican politics. In recent years, “he has been invited to speak by local Republican parties and other groups across the country. He [also] gave a prayer breakfast sermon to one of the nation’s preeminent law enforcement associations.”35
Two months later, on August 19, 1993, a housewife turned Fetal Personhood zealot named Rachelle “Shelley” Shannon attempted to assassinate Dr. George Tiller as he drove out of his Kansas clinic parking lot. He was shot in both arms. Shannon looked back and said: "Did I get him?”36 At her trial, Shannon “shocked even her lawyer, however, when, during 90 minutes on the witness stand, she said there was nothing immoral about killing Tiller and acknowledged trying to make bail so she could bomb the clinic to stop the doctor's work.”37 Tiller's clinic had been bombed in 1986.38
Like Dr. David Gunn, Dr. George Tiller was also featured on “WANTED” posters.
On Sunday, May 31, 2009, “moments after services had begun at Reformation Lutheran Church, Dr. Tiller, who was acting as an usher, was shot once with a handgun… The gunman pointed the weapon at two people who tried to stop him… Dr. Tiller’s wife, Jeanne, a member of the church choir, was inside the sanctuary at the time of the shooting.”39 One of the church members, who was seated in the middle of the congregation, said “he heard a small pop at the start of the service. An usher came in and told the congregation to remain seated, and then escorted Mrs. Tiller out.”40 “When she got to the back doors, we heard her scream,” he said.41
Dr. Tiller, a religious man known for his compassion for patients, was one of only a handful of physicians in the United States who performed abortions for medical needs past 24 weeks. With his kind and quiet demeanor, he led patients through the most difficult moments of their lives.
“I remember us meeting Dr. Tiller, who was so kind and so sorry that we were there,” recalled Rabbi David Young and his wife Cantor Natalie Young.42 “He kept reminding us that nobody wanted to be there… And that it wasn't our fault. Which I kept needing to hear.”43
“[H]e was a man of faith,” Natalie recalled.44
“Yeah. And I don't even know if you know that every day when we got back to the hotel and you were sleeping, Dr. Tiller called me to check on you. While we both felt a sense of loss, I think we also felt a sense of gratitude that we could allow Elijah (their fetus) to rest in peace and not have to struggle,” David added.45
Dr. Tiller had been the subject of stochastic terrorism by Fox News host Bill O'Reilly, who repeatedly called him “Tiller the Baby Killer” leading up to his assassination.46
The following year, in 1994, Paul Jennings Hill, the author of the Defensive Action Statement, assassinated Dr. John Bayard Britton on July 29,1994.47 Like Dr. Gunn, Dr. Britton was the subject of “WANTED” posters.
Also killed in the assassination was Lt. Col. (Retired) James Barrett, Jr. (USAF), a volunteer clinic escort.48 Barrett considered volunteering as a clinic escort to be an extension of his military service.49 Barrett's wife was also shot, but she survived.50 Lt. Col. (Retired) James Barrett, Jr. was buried in Arlington National Cemetery, with military honors, on Monday, August 8th, 1994.51
The timing of these peaks in anti-abortion violence is significant.52
The first peak “was a result of the frustration that anti-abortion activists felt with President Reagan’s failure to overturn Roe, their dashed hopes ‘the classic condition for an increase in violence.’”53 Additionally, violent activists interpreted Ronald Reagan's “failure to stop [their] continuing violence as approval of their [violent] methods.”54
Anti-abortion activists’ frustration grew again during the George H.W. Bush administration.55 In December of 1991, “a clinic staff member and a building landlord were shot at a clinic in Springfield, Missouri, leaving one victim paralyzed.”56 There were 28 arson and bombings in 1991 and 1992.57 In 1992, there were nearly 30 butyric acid attacks.58
“The election of a pro-choice President and Congress in 1992, allied with the stubbornly pro-choice Supreme Court, created yet more feelings of anger and resentment. After twelve years of Republican governance, the movement still only had one significant legislative victory (Webster v Reproductive Health Services, the 1989 Supreme Court ruling allowing individual states to impose funding limits on abortion) and further victories seemed unlikely under Clinton.”59
In the first two years of Bill Clinton's presidency, there were five murders and numerous attempted murders of physicians and others working in abortion health care.60
Later, on July 27, 1996, a Catholic anti-abortion radical named Eric Robert Rudolph bombed the 1996 summer Olympics in Atlanta. Rudolph's stated motivations for bombing the Olympics were his opposition to “abortion on demand” and “global socialism.”61 Before being apprehended by authorities, he went on to bomb two abortion clinics and a lesbian bar.6263
The epidemic of anti-abortion violence in the United States led to the enactment of the FACE Act (Freedom of Access to Clinic Entrances Act) in 1994. The FACE Act prohibits:
➊ intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services;
➋ intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; and
➌ intentionally damaging or destroying the property of a facility, or attempting to do so, because such facility provides reproductive health services, or intentionally damaging or destroying the property of a place of religious worship.
In "Abortion Clinic Bombings as Political Violence,” David C. Nice (University of Georgia) described anti-abortion violence and support for anti-abortion violence as a political weapon that is used against women's rights that is associated with tolerance for violence against women.64 We see this come to fruition in a unique way in the Fetal Personhood movement, as discussed below.
Fetal Personhood requires obstetric violence
During pregnancy, “therapeutic access to the fetus occurs through the body of the pregnant woman”65 As such, “any fetal intervention has implications for the pregnant woman’s health and necessarily her bodily integrity.”66 It therefore should never be performed “without her explicit informed consent.”67
But the Fetal Personhood ideology flips established medical ethics on their head.
Fetal Personhood actively promulgates the notion that the pregnant person and the fertilized egg, embryo, or fetus are two separate patients. Under the Fetal Personhood construct, “the pregnant woman and her medical interests, health needs, and rights” ultimately become subjugated to those of the fetus.68 This leads “to the pregnant woman being seen as a ‘fetal container’ rather than as an autonomous agent.”69
“The concept of fetal personhood depends on establishing legal fetal rights that are the responsibility of the pregnant person to protect, even to her detriment. Such a responsibility, at the risk of physical, mental, and social harm, turns women into reproductive vessels.”70 This objectification of pregnant people in Fetal Personhood ideology “makes[] plain that pregnant people live in service to another life, which has separate, and superior, interests.”71
Imbuing fertilized eggs, embryos, and fetuses “with rights that can trump the pregnant person’s is a crucial step toward dehumanization and objectification,”72 and “conscripting people’s bodies in the service of others lies at the core of dehumanization.”73 Researchers have noted that “dehumanization runs throughout the atrocities of war, genocide, or slavery: ‘as a result of this objectification, the moral stigma associated with violence towards another human [is] reduced or eliminated entirely.’”74 Dehumanizing and objectifying some groups, like pregnant people or people seeking abortions, “leads to stigma, exclusion, discrimination, and… violence.”75
It should come as no surprise, then, that proponents of the Fetal Personhood ideology actively seek to impose obstetric violence.
Beginning in the 1980s, as anti-abortion violence plagued America, proponents of Fetal Personhood “became involved in the increasingly visible battle about prenatal treatment; early in the decade, women who refused caesarean sections found themselves in court.”76
Fetal Personhood activists “took public interest in… forced caesareans as an opportunity to expand fetal rights.”77
Americans United for Life (AUL) worked with hospitals to compel cesarean surgeries through court orders.78 As AUL explained in its newsletter, members viewed this work as an important step in the attack on legal abortion. Such cases, as AUL explained, offered ‘yet another opportunity for AUL to defend the state’s compelling interest to protect viable fetal life, a critical element in the strategy to reverse Roe.’”79
In 1986, Edward Grant, who was the leader of Americans United for Life at the time, stated that “the law should hold the mother-fetal relationship in the same manner in which parents are held accountable for a [born] child’s welfare.’”80 — But a born child exists outside of parents’ bodies, and caring for a born child doesn't require slicing into parents’ bodies. Hence, Americans United for Life's efforts to force pregnant patients to undergo major abdominal surgery require “the violence inherent in anesthetizing and operating on an unconsenting patient, even one who reduces her protests in the face of a court order.”81
“Behind the veil of legal niceties” in court-ordered cesarean surgery, “lies a tableau of disturbing violence.”82
One of the most inhumane cases of forced cesarean surgery is that of Angela Carder.
On June 9, 1987, Angela “went to the hospital for a regular checkup. Since she was experiencing back pain and shortness of breath, an X ray was taken. The X ray revealed an inoperable tumor, and on June 11, 1987, she was admitted to the hospital.”83 Her condition deteriorated, and on June 15, 1987, doctors informed Angela Carder that her cancer had metastasized and her condition was terminal.84 She was twenty-six weeks pregnant. “At no time did any doctor suggest a cesarean section, nor did Mrs. Carder request or consent to one.”85 That evening, Angela’s condition deteriorated rapidly,86 and “she agreed to sedation and intubation to ease her breathing.”87
Because Carder's condition was rapidly deteriorating, “hospital administrators feared she would not live that long.”88 Fearing liability to the hospital, they rushed to obtain “an order authorizing the hospital to perform an immediate c-section. They did so without first contacting Carder's longtime cancer specialist, who later stated that he would have testified that the operation at that point in time was ‘medically inadvisable both for Angela Carder and for the fetus.’”89 “Mrs. Carder's own doctors were opposed to operating, but the hospital, asserting that it feared potential legal liability if no effort was made to save a potentially viable fetus, sought a judicial ruling on what should be done.”90
The next morning, on June 16, 1987, “the trial court convened a hearing at the hospital in response to the hospital's request for a declaratory judgment.”91 An attorney was appointed for the fetus, and an attorney was also present to represent Angela Carder in opposing forced cesarean surgery. The District of Columbia was also allowed to intervene, “asserting standing as parens patria,” that is, standing to act as a parent on behalf of the fetus.92
“Fearing that neither Angela nor the fetus would survive the surgery, Carder's husband, parents, and obstetricians all opposed the c-section at 26 and a half weeks gestation.”93 Angela’s physicians “supported only ‘passive treatment,’ believing that ‘the [fetus's] ‘chances of survival were grim.’”94
Judge Emmet Sullivan ruled “for the fetus” and ordered an immediate cesarean section be performed, admitting that it may hasten Angela's death.95
As one of Angela’s doctors was exiting “the hearing room, he heard one lawyer say to another, ‘Now that was an interesting legal exercise, wasn't it?’ The doctor's disgust was profound, for he had known this woman and mourned what had happened to her.”96
When Angela was informed of the court's order, she asked her doctor, Dr. Hammer, if he would be the one to perform the operation.97 “He told her he would only perform it if she authorized it, but it would be done in any case. She understood that. She then seemed to pause for a few moments and then very clearly mouthed words several times: 'I don't want it done. I don't want it done.'... When Angie said she didn't want it done, Hamner said, ‘I won't if you don't want me to.’"98 “Although Carder’s doctors refused to perform the caesarean section another doctor was called in” to perform the surgery.99
"I felt like I'd have been assaulting [Angela] to do [the surgery]," Dr. Hammer later explained.100
As Angela “was wheeled into surgery, her attorney, in consultation with the ACLU Reproductive Freedom Project (RFP), tried to get the District of Columbia Court of Appeals to block the order. A three-judge panel of the court refused to do so and later issued an opinion upholding the order.”101 A few months later, in November 1987, “the court of appeals released an opinion to explain the basis of its emergency ruling, acknowledging that it may have shortened Mrs. Carder's life.”102 The three-judge panel had been “swayed by arguments advanced by the appointed counsel for the fetus and the District of Columbia Corporation Counsel that it should give little weight to Mrs. Carder's constitutional rights because she was dying.”103
[The court's opinion was overturned in a 1990 ruling from the District of Columbia Court of Appeals. “When an attorney for the hospital argued that it was appropriate to sacrifice a dying woman for her fetus, one judge replied incredulously, ‘Are you urging this court to find that you can handcuff a woman to a bed and force her to give birth?’ Instead, the court resoundingly concluded that in virtually all circumstances a woman -- not doctors or a judge -- should make medical decisions on behalf of herself and her fetus.”104 In that ruling, the Court declared, “every person has the right, under the common law and the Constitution, to accept or refuse medical treatment. This right of bodily integrity belongs equally to persons who are competent and persons who are not. Further, it matters not what the quality of a patient's life may be; the right of bodily integrity is not extinguished simply because someone is ill, or even at death's door.”]
Angela’s family “could not believe what was happening to [Angela] and to them.”105 "They wrote her off," her father said. "It's like they said, 'You're as good as dead and we're taking the baby.’”106
Lindsay Marie Carder, Angela’s daughter, “died less than two hours after” the cesarean surgery.107
Angela Carder, who regained consciousness after the forced cesarean surgery, “cried on being told her daughter was dead.”108 She then “quickly slipped into a coma and died” two days later, on June 18, 1987,109 “the surgery having contributed to her death.”110
“One of the most dangerous aspects of court intervention in these situations is that it hides the violence.”111
“The court is protected from the violent aftershocks of its decision because it is not present when the woman undergoes surgery.”112 Hospitals and doctors who support forced cesareans are “authorized by the court to take action and therefore [are] also able to shield [themselves] from the violent consequences.”113 The Fetal Personhood activists - who demand the violent invasion into the bodies of others for the sake of the fetishized fetus - are also guarded from the violence of their ideological pursuits.
“While both the court and the doctor,” as well as the Fetal Personhood activist, “may console themselves that in the end the action taken was for the best, this may not be the case. Whether something is for the best depends ultimately on more than just the biological outcome. A number of sociological implications flow from allowing forced surgeries… Greater harm can result from [their] efforts.”114
“Court intervention to prevent [fetal harm] may have tragic consequences itself: ‘Courts have long recognized the wisdom of acting as though persons could never be used as a means to the ends of others, knowing that any clear departure from that ideal could spell the beginning of a disastrous slide.’”115
Yet that is precisely what Fetal Personhood demands: the objectification of women as mere reproductive vessels.
In fact, people who described themselves as "pro-life" are “significantly more likely to utilize court orders” to force pregnant patients to undergo non-consensual cesarean sections at the risk of their health and lives.116
“The fetal container image of women,” which is a core component of Fetal Personhood ideology, “is evident in cases like these in which pregnant women are forced to undergo unwanted surgery on behalf of their fetuses, operations which physicians agree increase the risk of the woman's death. These cases sharply diverge from the general legal doctrine that individuals are not required to undergo any risk of physical harm to help another.”117
“When a court orders a cesarean section, it requires the woman to rescue the fetus at her own risk, a decision unprecedented in other areas of law.”118 "Ordering a cesarean to save the fetus is just as extraordinary as ordering a parent to donate bone marrow to save a child.... In each case, a parent is refusing an invasive and somewhat risky procedure without which his or her child will die or suffer serious harm.”119 “If a court is not prepared to order a bone marrow donation, and currently they are not, then a court should not be willing to order a caesarean section.”120
Fetal Personhood is violence
As anti-abortion violence plagued America in the 1980s and 1990s, Fetal Personhood proponents were perpetrating their own kind of violence - obstetric violence - against pregnant human beings and utilizing the courts to do it.
In the 1990s, “with a pro-choice president in office for the first time in decades and anti-abortion violence in the news,” anti-abortion activists were “desperately [trying] to convince [] Americans that abortion, not abortion opponents, hurt women” (emphasis mine).121 — But as the history discussed in this post shows, pregnant people had far more reason to fear abortion opponents - whether at clinics or inside hospitals and court hearings - than to fear abortion itself. History itself testifies to the disturbing and ruthless reality of Fetal Personhood violence.
The story of Fetal Personhood violence didn't end in the 1990s. Today, as anti-abortion groups increasingly demand that violent “rescuers” motivated by Fetal Personhood ideology122123 be released from prison and pardoned,124 Fetal Personhood proponents are “trying to change the reproductive health care standards in state and federal health policy,” demanding that emergency abortions be performed through procedures that “carry bigger health risks” to pregnant patients in the midst of experiencing medical emergencies, “such as cesarean sections, rather than less invasive abortion procedures” that are safer for the pregnant patient.125 This is already enshrined in multiple states’ abortion bans, as I wrote about in “Sacrificing the body: The little discussed clause in "life of the mother" exceptions.”
Perhaps now, more than ever, it's important to talk about Fetal Personhood as the violence that it is. Fetal Personhood is violence.
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