Why Pro-Lifers Support Laws to Punish Abortionists but Not Mothers


 By Denny Burk

One of the perennial points of debate between pro-lifers and abortion advocates is why pro-lifers don’t support laws to punish women who obtain abortions. Some abortion proponents even argue that this is some sort of inconsistency on the part of pro-lifers—as if not prosecuting women who get abortions reveals that we don’t really believe an abortion actually kills a human being.

More recently, abolitionists have agreed with abortion advocates on this point. Abolitionists contend that consistency requires pro-lifers to support the prosecution of the women who subject themselves to abortion procedures.

So what’s going on here? Are pro-lifers inconsistent? Should we be passing laws to prosecute post-abortive women? I don’t believe we pro-lifers are at all inconsistent on this point, and I think it might be helpful for everyone to revisit the reasons mainstream pro-lifers have held this view for decades.

Pro-lifers believe that it should be illegal to perform abortions. Thus we favor policies that punish those who perform abortions, not the mothers who allow them. Why? The answer has both a moral and legal dimension.