We are responsible to use our agency in a world of choices. It will not do to pretend that our agency has been taken away when we are not free to exercise it without unwelcome consequences.
Because choice is a method, choices can be exercised either way on any matter, and our choices can serve any goal. Therefore, those who consider freedom of choice as a goal can easily slip into the position of trying to justify any choice that is made.
"Choice" can even become a slogan to justify one particular choice. For example, in the 1990s, one who says "I am pro-choice" is clearly understood as opposing any legal restrictions upon a woman's choice to abort a fetus at any point in her pregnancy.
More than 30 years ago, as a young law professor, I published one of the earliest articles on the legal consequences of abortion. Since that time I have been a knowledgeable observer of the national debate and the unfortunate Supreme Court decisions on the so-called "right to abortion." I have been fascinated with how cleverly those who sought and now defend legalized abortion on demand have moved the issue away from a debate on the moral, ethical, and medical pros and cons of legal restrictions on abortion and focused the debate on the slogan or issue of choice. The slogan or sound bite "pro-choice" has had an almost magical effect in justifying abortion and in neutralizing opposition to it.
Pro-choice slogans have been particularly seductive to Latter-day Saints because we know that moral agency, which can be described as the power of choice, is a fundamental necessity in the gospel plan. All Latter-day Saints are pro-choice according to that theological definition. But being pro-choice on the need for moral agency does not end the matter for us. Choice is a method, not the ultimate goal. We are accountable for our choices, and only righteous choices will move us toward our eternal goals.
In this effort, Latter-day Saints follow the teachings of the prophets. On this subject our prophetic guidance is clear. The Lord commanded, "Thou shalt not . . . kill, nor do anything like unto it" (D&C 59:6). The Church opposes elective abortion for personal or social convenience. Our members are taught that, subject only to some very rare exceptions, they must not submit to, perform, encourage, pay for, or arrange for an abortion. That direction tells us what we need to do on the weightier matters of the law, the choices that will move us toward eternal life.
My young brothers and sisters, in today's world we are not true to our teachings if we are merely pro-choice. We must stand up for the right choice. Those who persist in refusing to think beyond slogans and sound bites like pro-choice wander from the goals they pretend to espouse and wind up giving their support to results they might not support if those results were presented without disguise.
For example, consider the uses some have made of the possible exceptions to our firm teachings against abortion. Our leaders have taught that the only possible exceptions are when the pregnancy resulted from rape or incest, or a competent physician has determined that the life or health of the mother is in serious jeopardy, or the fetus has severe defects that will not allow the baby to survive beyond birth. But even these exceptions do not justify abortion automatically. Because abortion is a most serious matter, we are counseled that it should be considered only after the persons responsible have consulted with their bishops and received divine confirmation through prayer.
Some Latter-day Saints say they deplore abortion, but they give these exceptional circumstances as a basis for their pro-choice position that the law should allow abortion on demand in all circumstances. Such persons should face the reality that the circumstances described in these three exceptions are extremely rare. For example, conception by incest or rape--the circumstance most commonly cited by those who use exceptions to argue for abortion on demand--are involved in only a tiny minority of abortions. More than 95 percent of the millions of abortions performed each year extinguish the life of a fetus conceived by consensual relations. Thus the effect in over 95 percent of abortions is not to vindicate choice but to avoid its consequences (see Russell M. Nelson, "Reverence for Life," Ensign, May 1985, pp. 11–14). Using arguments of "choice" to try to justify altering the consequences of choice is a classic case of omitting what the Savior called "the weightier matters of the law."
A prominent basis for the secular or philosophical arguments for abortion on demand is the argument that a woman should have control over her own body. Just last week I received a letter from a thoughtful Latter-day Saint outside the United States who analyzed that argument in secular terms. Since his analysis reaches the same conclusion I have urged on religious grounds, I quote it here for the benefit of those most subject to persuasion on this basis:
Every woman has, within the limits of nature, the right to choose what will or will not happen to her body. Every woman has, at the same time, the responsibility for the way she uses her body. If by her choice she behaves in such a way that a human fetus is conceived, she has not only the right to, but also the responsibility for that fetus. If it is an unwanted pregnancy, she is not justified in ending it with the claim that it interferes with her right to choose. She herself chose what would happen to her body by risking pregnancy. She had her choice. If she has no better reason, her conscience should tell her that abortion would be a highly irresponsible choice.
What constitutes a good reason? Since a human fetus has intrinsic and infinite human value, the only good reason for an abortion would be the violation or deprivation of, or the threat to the woman's right to choose what will or will not happen to her body. Social, educational, financial, and personal considerations alone do not outweigh the value of the life that is in the fetus. These considerations by themselves may properly lead to the decision to place the baby for adoption after its birth, but not to end its existence in utero.
The woman's right to choose what will or will not happen to her body is obviously violated by rape or incest. When conception results in such a case, the woman has the moral as well as the legal right to an abortion because the condition of pregnancy is the result of someone else's irresponsibility, not hers. She does not have to take responsibility for it. To force her by law to carry the fetus to term would be a further violation of her right. She also has the right to refuse an abortion. This would give her the right to the fetus and also the responsibility for it. She could later relinquish this right and this responsibility through the process of placing the baby for adoption after it is born. Whichever way is a responsible choice.
The man who wrote those words also applied the same reasoning to the other exceptions allowed by our doctrine--life of the mother and a baby that will not survive birth.
I conclude this discussion of choice with two more short points.
If we say we are anti-abortion in our personal life but pro-choice in public policy, we are saying that we will not use our influence to establish public policies that encourage righteous choices on matters God's servants have defined as serious sins. I urge Latter-day Saints who have taken that position to ask themselves which other grievous sins should be decriminalized or smiled on by the law on this theory that persons should not be hampered in their choices. Should we decriminalize or lighten the legal consequences of child abuse? of cruelty to animals? of pollution? of fraud? of fathers who choose to abandon their families for greater freedom or convenience?
Similarly, some reach the pro-choice position by saying we should not legislate morality. Those who take this position should realize that the law of crimes legislates nothing but morality. Should we repeal all laws with a moral basis so our government will not punish any choices some persons consider immoral? Such an action would wipe out virtually all of the laws against crimes. (BYU Speeches, 9 February 1999)