You mentioned Alito and was interested in his stance on disclosure of abortion to husbands/significant others. It is an area I would like to ask D.U.'ers about as I am currently in a discussion on another message board. I posted the following info on my blog:
http://hauttedaugge.blogspot.com I must admit, this is not a topic I have ever really delved into. My beliefs on abortion are fairly set. I take the Hillary Clinton line: keep abortion safe, legal and rare. However, moving into the realm of disclosure muddies the waters a little. One now ventures into the dynamics of private relationships.
My gut instinct on this one? My lefty side leans towards non compulsory disclosure. I think there is a role for government intervention in social issues. However, I believe there is a place to stop. I am a believer in that the state can impose democratically approved and transparent legislation upon those participating in the public sphere (i.e. business, public institutions, non-profit organizations) to ensure that all citizens are able to fulfill their potential on an equitable playing field and be safe from harm from others. It can go into the personal sphere in relationships if parties are in physical danger or being physically harmed (i.e. child/spousal abuse, spousal rape etc.). However, if no living party is being physically hurt, I don't believe the government has a right to legislate on that.
In my head, I am now rolling around a hypothetical situation. A woman gets an abortion without her husband's knowledge. While I might consider this a little ethically dodgy, I do not believe that this is something that should be dragged into the legal sphere. Why? For the following two reasons:
1) The man is not being physical damaged. He may be mentally scarred but that varies from person to person. However, he may just be as mentally damaged if he found out his wife was having an affair with his brother. I believe mental stress varies from person to person. However, physical harm is straight up and down. If you get hit with a tire iron upside the head, that hurts no matter what and the offender should be punished (if not in self defense).
2) The fetus is not a living being and therefore does not qualify to being physically harmed. However, I will add a note that I do believe that at a certain point, a fetus does become a person and therefore can be harmed. At that point, I believe that abortion is morally questionable, full stop. However, early in a pregnancy, a fetus is not a self aware, living being and therefore does not qualify as a candidate for harm. It is part of a woman's body and is hers to do with what she wishes.
For those two reasons, I believe the most poignant thing here is to ask in this situation 'Whose rights are being profoundly damaged?' It's not the man's, while he is being dealt with in an unethical way, he is not being harmed in a manner that is definite and/or permanent beyond a reasonable doubt. It's not the fetus' (depending on point in time).
What in essence disclosure legislation would do is pass judgment on is the ethics of a woman in a private relationship. The woman would not be definitely and/or permanently harming the man or any other human being. To boil it down into lay speak: she might be being a little deceitful in her personal dealings but are we now going to make laws against wives being deceitful or 'disobedient' to their husbands? Why not then revoke no fault divorces (They were introduced in Australia in the seventies. I would be curious as to whether they are functional in other countries)?
Whilst I would not encourage the decision to get an abortion to start with (I believe that people should look at options before abortion but that option should be legally available), I would not insist that she would have to tell her husband that she is getting an abortion.
Thoughts? We did start on the broad topic of abortion but am interested in what you guys think about Alito's stance on this.