Abortion legalised in Queensland

Abortion legalised in Queensland

Sadly, the state parliament in Queensland, Australia, has voted 50-41 to legalise abortion. Abortion is now legal for any reason up to 22 weeks gestation, and at any stage provided two doctors can be found who agree it can be performed. As we have previously discussed, this gives Queensland some of the most liberal abortion laws in the world. It is a significant change in what was once regarded as a very conservative state. We must now wait to see what impact this has on abortion rates.

There’s three aspects of the reaction to this decision that I want to comment on.

Firstly, the cheering. According to this report, there was ‘loud cheers in the legislative assembly chamber’ when the vote succeeded. I suppose if you are convinced that a woman’s right to end the life of her child is crucial, then the vote is something to celebrate, but this should be tempered with sadness that firstly, many women are forced to make this decision, secondly that abortion is used worldwide to discriminate against women by sex selection, and finally, that abortion kills innocent human beings. Unless you think a fetus is a bunch of cells no more important than a fingernail (and hardly anyone does), that last fact should result in sober reflection. It is likely this decision will increase the numbers of abortions in Queensland. Cheering seems inappropriate for a decision that has such serious consequences.

Secondly, the references to the age of the previous laws. They have been variously referred to as ‘archaic’, needing ‘reform’ and being ‘119 years old’ in an attempt to cast them as hopelessly outdated. This was an important part of the campaign to remove them. And yet the vast majority of our criminal code is old. The age of legislation does not necessarily mean it needs to be jettisoned. Our 119 year old code also includes section 201, ‘Indecent treatment of children under 16’, section 219, ‘Taking child for immoral purposes’ and section 242, ‘Serious animal cruelty’. Are these also archaic? Traditionally, the law is meant to protect the most vulnerable members of society. In Queensland, this is no longer the case.

Finally, the references to abortion as ‘access to healthcare’. Abortion is not healthcare. The vast majority of the time it kills healthy human beings in a healthy mother, and provides no health benefits. It is expensive, and forces many healthcare providers to be complicit against their moral convictions, even if it is by referral. By almost any definition of healthcare, abortion does not qualify¹.

Of course, this setback does not mean pro-life supporters will give up. Laws have been changed, but they can be changed again. I’ve recently been reading William Hague’s excellent political biography of William Wilberforce, the anti-slavery campaigner. Wilberforce was a consumate politician who fought for 18 years against sometimes overwhelming odds to pass his bill abolishing the British slave trade, and then for the rest of his life to abolish slavery altogether. His opening speech to parliament in 1789 is regarded as ‘one of the greatest ever in an age of eloquence’. It’s an inspiring read, and lends hope after a such demoralising defeat for the pro-life cause this week.

 

1. Thanks to Calum Miller for this argument.

Queensland’s proposed abortion laws

Queensland’s proposed abortion laws

The Termination of Pregnancy Bill 2018 has just been introduced to parliament in Queensland, a state of Australia. The bill is based on recommendations put forward by the Queensland Law Reform Commission, which published its Review of termination of pregnancy report in June. The most pertinent conclusion was to ‘alter the current law to provide that a termination is lawful if it is performed by a medical practitioner and, for terminations after 22 weeks, in accordance with the stated requirements for a lawful termination’. In short, the intention is to decriminalise abortion, making it a ‘health matter’, not a criminal matter.

Currently in Queensland, having an abortion or assisting in an abortion is technically a criminal offence under sections 224-226 of the Criminal Code, although section 282 allows for exceptions if it is ‘to preserve the mother’s life’. However a Victorian ruling by Justice Menhennit in R v Davidson (1969) declared that abortion was lawful if a doctor thought it was

necessary to preserve the woman from a serious danger to her life or physical or mental health (not being merely the normal dangers of pregnancy and childbirth) which the continuance of pregnancy would entail; and in the circumstances not out of proportion to the danger to be averted’

and the 1986 McGuire ruling in the District Court opined that this was also the case in Queensland. Since that ruling, abortion has become widely available. According to Children by Choice, it is ‘generally accepted that somewhere between 10,000 and 14,000 abortions take place each year in Queensland’. It seems obvious that most abortions in Queensland are not necessary to preserve the woman from a serious danger to her life or physical or mental health, and the law is being ignored.

According to the Queensland Law Reform Commission and the Labor Party of Queensland, the solution is to decriminalise abortion for up to 22 weeks, and with the consent of two doctors, make it permissible at any time until birth. What are the key conditions for abortions after 22 weeks? The doctors must give regard to ‘the woman’s current and future physical, psychological and social circumstances’. But of course this is less stringent that the current restriction that the abortion must be necessary to preserve from a serious danger to life or health, and which is ignored anyway! Effectively, it gives the green light to abortion up until birth, giving Queensland some of the most liberal abortion laws in the world.

It seems from the latest opinion polling that 60% of voters oppose abortion after 13 weeks, and 52% oppose abortion for any reason, putting the recommended new laws out of step with community views. Unfortunately, Queensland does not have an upper legislative house, and so there is not a check on legislation, unlike in New South Wales where the Senate voted down changes into abortion law in 2017. Hopefully, there will sufficient opposition from both the public and parliament to prevent the bill being passed. Public submissions will open in the near future, so when this is available, be sure to make a submission. Concerned Queensland voters should contact their Member of  Parliament. A summary of their personal views can be found here. Labor is permitting a conscience vote, so the result is not predetermined.

A final note: it is a scandal that abortion statistics are not officially recorded in Queensland. We do not know how many human beings have their lives ended this way – we can only guess.