Pro-lifers pleased -- for a while

Catholic officials' joy over President George W. Bush's signing of a ban on partial-birth abortions last week was tinged with disappointment when federal judges promptly blocked enforcement of the ban.

Initially, Kathleen Gallagher, director of pro-life activities for the New York State Catholic Conference, called the ban a "victory" that would save the lives of some unborn children, and a "step toward peace and life and away from violence and death."

As the federal rulings came down -- particularly one in New York State that covered almost half the nation's abortionists -- she said it was "sad and tragic that not all partially-born infants will be protected from this form of abortion -- yet."

She stressed that the battle was not over, noting: "We're the Church; we're in the business of hope."

Long process

Mrs. Gallagher believes the past eight years of debate over whether to allow partial-birth abortions in the U.S. boosted awareness of the facts about the procedure.

Partial-birth abortion is mostly done during the second and third trimester of pregnancy, when many fetuses are already considered viable (able to live outside the mother). In the procedure, a child is delivered feet-first until only its head is still inside the birth canal. Its skull is then punctured and the brain removed, collapsing the skull; then the delivery is completed.

"This debate has opened a window to expose what abortion really is: `Hey, maybe this isn't always a clump of cells. Maybe this is a really small, premature infant that could be saved,'" Mrs. Gallagher stated.

Judicial moves

The new law has been blocked in several states because judges say it's unconstitutional, since it does not include an exception to protect the health of the mother, only her life.

"`Health,' as it's currently defined by the Supreme Court, is amorphous," Mrs. Gallagher remarked. "The health exception would have to be redefined and narrowed considerably" for pro-life advocates to accept it. "I think that could happen and would be good, because it would restrict the number of abortions."

In fact, she noted that the life exception in the law is a health exception. She cited the wording of the law: The ban "does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself."

"They're trying to show there may be physical reasons you might have to do the procedure to save the life of the mother," Mrs. Gallagher explained. "It's a very narrow health exception."

Future ruling

Mrs. Gallagher is waiting for debate on the ban to reach the level of the Supreme Court and hopes its ruling will uphold the new law.

"Maybe, by that time, we'll have new justices on the Supreme Court," she added, referring to the Court's current pro-choice bent. "You only need a slight sway to uphold the ban."

In the meantime, the Catholic Conference advises pro-lifers not to forget to advocate for other life issues. The Unborn Victims of Violence Act, for instance, passed in May by the State Senate, would allow someone who killed an unborn child in committing a crime against its mother to be prosecuted for harm against both.

"There are many more pieces of legislation that protect the culture of life," said Mrs. Gallagher.

(The New York State Catholic Conference advocates on behalf of the state's bishops on public policy issues. To learn more, go to www.nyscatholicconference.org.)

Parish pro-life advocates in the Albany Diocese rejoiced over last week's signing of the partial birth abortion ban:

* "`Ecstatic' is the word. We have a brave president. This is a great, meaningful step. Partial-birth abortion is never necessary, and ultimately can do damage to a woman physically and mentally. We shall continue [advocating] that abortion has gone too far in this country. Remember that there are thousands of couples out there that want children. We're prayerful that this will give more consciousness to this culture of abortion that we have so broadly accepted in our country." -- Alice Cantwell, Respect Life group at Holy Cross Church, Albany.

* "There's no question in our minds that this was a horrendous `medical' procedure. This [ban] was a long time coming. We are a people of law; we have to first deal with the fundamental right of life. If you don't have life, you have nothing. The truth will prevail. The challenge we have is to get the truth out to the world. This will be done in God's time, not our time. That's where faith comes in." -- John Nickolitch, Knights of Columbus committee on God and country, St. Patrick's parish, Catskill. (KB)

(11/13/03) [[In-content Ad]]