There is diversity of opinion
in the church as to whether or not abortion should be legal
and on the extent to which the government should be
permitted to regulate or prohibit abortions. The church
acknowledges that many of its members find fault with the
philosophical basis of Roe v. Wade and its division of
pregnancy into three trimesters, preferring that the state
be permitted to regulate and even prohibit abortions
throughout the pregnancy, rather than just at the stage of
viability. Others feel that Roe's framework effectively
safeguards the constitutional liberties of pregnant women
while also recognizing the state's interest in protecting
the unborn child and the woman.
The General Assembly of the
Presbyterian Church (U.S.A.) also recognizes that if fetal
development is no longer the standard by which the
government measures the extent of its involvement in
abortions, then our lawmakers must find some other
acceptable standard by which the rights of the mother to
terminate her pregnancy will be balanced against the state's
interest in protecting the unborn child. Based on prior
experiences of the courts and legislatures, it will not be
easy to present a standard that will balance the competing
interests in such a manner that will not lead to additional
litigation. Courts and legislatures have not always well
represented the interests of the economically disadvantaged,
the undereducated, and women. Some among these groups
historically have had greater difficulty in circumventing
the obstacles posed by restrictive abortion legislation than
have the more affluent.
The General Assembly of the
Presbyterian Church (U.S.A.) concedes that we cannot respond
definitively to every legal aspect of the abortion issue in
a manner that will garner consensus among the church
constituency. We believe that in the shaping of the future
law, the following affirmations are of vital consideration.
a. The state has a limited
legitimate interest in regulating abortions and in
restricting abortions in certain circumstances.
b. Within this context of the
state's limited legitimate interest, no law should impose
criminal penalties against any woman who chooses or
physician who performs a medically safe abortion.
c. Within this same context of
the state's limited legitimate interest, no law should deny
access to safe and affordable services for the persons
seeking to terminate a problem pregnancy.
d. No law or administrative
decision should provide for a complete ban on abortion.
e. No law or administrative
decision should
(1) limit access to abortions;
(2) limit information and
counseling concerning abortions; or
(3) limit or prohibit public
funding for necessary abortions for the socially and
economically disadvantaged.
f. No law should prohibit
access to, nor the practice of, contraceptive measures.
g. No law should sanction any
action intended to harm or harass those persons
contemplating or deciding to have an abortion.
h. No law should condone
mandatory or forced abortion or sterilization. Such laws
should be abolished where they do exist.(3)
