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Culture War Roundup for the week of August 7, 2023

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Ohio Republicans' Inexplicable & Baffling Abortion Blunder

I support expansive abortion access purely as a matter of practical considerations because of how legal prohibitions encourage horrific black market alternatives. I part ways with the pro-choice crowd when they respond to a difficult morality question with flippant dismissal. So at least from that standpoint, I sympathize with the earnest pro-life crowd because they're helplessly witnessing what is (by their definitions) a massive genocide made worse by the fact that it's legally-sanctioned.

So if you're in that unenviable position, what are your options? The major practical problem is that abortion restrictions have been and continue to be extremely politically unpopular. The Dobbs decision generated a lot of what basically amounted to legislative reshuffling at the state level. Some states had trigger laws banning abortions, that awakened from their long slumber only for courts, legislatures, or voter referendums to strike them back down to sleep.

Ohio's law banning abortions when a fetus heartbeat could be detected (typically occurs within 6-7 weeks of pregnancy) was struck down by a court last year, and so currently abortions there are legal up until "viability" (typically understood to be 22 weeks). On top of that, a referendum was set to be voted on this upcoming November election which would solidly enshrine abortion access within the Ohio state constitution (worth noting that this is the only referendum on the ballot). Given where public opinion is at on this issue, the amendment is virtually guaranteed to be approved by voters. What can you do to stop this train?

Ohio Republicans responded in a very bizarre and inexplicable manner (part of a pattern it seems). Apparently aware that the November referendum was going to be a shoe-in, they organized a whole special election in August as a preemptive maneuver to increase various thresholds for constitutional amendments, including raising the passing percentage from 50% to a 60% supermajority. That measure failed in the special election held yesterday, with 57% of voters against it.

Where to start? First, asking voters to vote against themselves was always going to be a challenge, and Elizabeth Nolan Brown notes the rhetoric supporters of Issue 1 had to resort to:

One talking point has been that it protects the Ohio Constitution from out-of-state interests. (For instance: "At its core, it's about keeping out-of-state special interest groups from buying their way into our constitution," Protect Women Ohio Press Secretary Amy Natoce told Fox News.) Another has been that it signals trust in elected officials to safeguard citizen interests, rather than letting a random majority of voters decide what's best. (The current simple-majority rule for amending the state constitution "sends the message that if you don't like what the legislature is doing, you can just put it on the ballot, and soon the constitution will be thousands of pages long and be completely meaningless," Carol Tobias, president of the National Right to Life Committee, told Politico in a prime example of this tack.)

Some of the TV ads the supporters ran were so incoherent. I don't know how representative this particular example is but the 30-second spot avoids saying anything at all about abortion and instead argues that voting yes on Issue 1 would somehow...protect kids from trans drag queens in schools? The fuck? I guess they knew that "vote yes on Issue 1 to keep abortion restricted" wasn't going to be a winning message so this tangent was the only option.

Even if somehow Issue 1 had anything to do with gender identity indoctrination in schools or whatever (if anyone can explain this please do!) it bears repeating that the only referendum on the ballot in November was about enshrining abortion access. Voters are dumb but they're not that dumb.

Just this last January Ohio Republicans passed HB 458 which eliminated almost all August special elections, but then they insisted on passing another law walking that back specifically to make sure Issue 1 got its very own election. The gambit apparently was to help its chances by leveraging low voter turnout in special elections. This too is baffling, because the timing gimmick very likely energized the "Democrats' highly educated neurotic base" as my boy Yglesias so eloquently put it. Also, the type of voter that is willing to show up to a special election is not going to be the type that is inclined to wrest control away!

None of these decisions made any sense. By investing into a preemptive referendum to raise the threshold, they loudly advertised they knew their issue was going to lose in November. By carving out an exception for an August election, they demonstrated they knew they couldn't win unless they act like a Turkish ice cream man with voters. By conspicuously avoiding talking about abortion, they're acknowledging their policy position's unpopularity.

I'm again acknowledging that the pro-life crowd faces an unenviable challenge in advocating for their position, and clearly their attempts at persuasion over the last several decades have not been panning out. But who actually thought the blatant gimmickry described above was actually going to work? All it did was showcase how weak they must be if the only tool in their arsenal was comically inept subterfuge.

The pro-life maneuver with the highest expected value, as measured by abortion reduction multiplied by probability of actually getting passed in the legislature, is to promote free birth control. Most people on the left already want this, so it shouldn't be hard to get bipartisan support. Then way more people will use it, way fewer accidental pregnancies occur, and actual abortion rates plummet regardless of whether it's legal or illegal.

This might have the bonus affect of making it much easier to pass restrictions on abortion afterwards. If fewer people have needed one or known someone who has needed one, and the only people who ever get abortions are morons who forgot to take their free birth control, people in general will be less sympathetic. Lazy people just using abortion as birth control will have cheaper alternatives and so care less. People worried about being forced to give birth to an unwanted child in some hypothetical future will be less worried because they can just use their free state-provided birth control. And the messaging that pro-life people just want to enslave women as breeders forced to give birth against their will just dissolves away because we're actively trying to prevent them from getting pregnant.

But even if nothing else changes legislatively, even if the silly pollitical warmakers would consider this a loss because the pro-choice get everything they want, this would be a massive win for pro-life and effective altruism. I don't think people trying to have tons of promiscuous sex "deserve" to have their degenerate lifestyles subsidized by my tax dollars, but I'm going to offer it anyway because "deserves" matter less than saving lives.

I think a related suggestion might be plausible, but there's a complication.

In the US, the bulk of the pro-life movement is religious, specifically Christian. There are certainly many individual exceptions, but the major organizing groups are either church-affiliated or formally secular but largely staffed by Christians. Where abortion is concerned, the Catholic part of the movement and the Evangelical Protestant part are entirely on the same page, but there is no similar agreement on birth control. Opposing birth control is part of Catholic dogma, while Evangelicals generally have no moral problem with contraceptives, so long as they are used within the context of otherwise proper sexual ethics.

That said, Evangelicals very much support the right of Catholics to follow their consciences on the issue, even if they differ on the object-level question. Catholic opposition to taxpayer-funded contraceptives is a given, and Evangelicals usually have other ideological reasons for opposing "free" stuff. So you'd likely have very minimal organized Christian support for taxpayer-funded contraceptives.

However, Evangelicals (and many American conservatives in general) have supported a related measure for pretty much the exact reasoning you lay out above--rescheduling oral contraceptives from prescription-based to over-the-counter. I would not expect Catholic support for this type of measure, but at least it doesn't raise the same conscience issues as direct subsidy.

In the US, the bulk of the pro-life movement is religious, specifically Christian.

I am not religious, and I understand the pro life movement completely. Hormonal birth control is just abortion by another means. Condoms will never work as a substitute for a semi-eugenic program of putting those implants into arms for most of the population getting abortions...and again, those are still abortions, just hormonally induced when the baby is like 64 cells.

I don't think this is true for standard birth control. I know it's true for the morning after pill but I think normal birth control stops ovulation

There were several comments that made the starting assumption that the pro-life movement in the US was solidly against birth control generally as well. This is untrue, hence my explanation above.

Let me define a few terms more tightly, while recognizing that they are sometimes (IMO) misused.

"Birth control" covers all methods of preventing, interrupting, or otherwise regulating pregnancy. "Contraceptive" is any method that prevents conception--the union of sperm and egg into zygote. Condoms and other barrier methods are examples. "Abortifacient" is any method that ends a pregnancy after the zygote is formed, including any method that prevents implantation in the uterus.

I'm aware that some hormonal birth control operates as an abortifacient by preventing implantation (Plan B, etc.), but the most common types of regularly-administered hormones (via pills, patch, implant, etc.) prevent ovulation. This would be a contraceptive, not an abortifacient.

While the Prog-Est oral program primarily inhibits ovulation, it also affects implantation and other portions of development of a healthy early pregnancy.

I would not expect Catholic support for this type of measure

Yeah, Pope Francis would have to change longstanding Catholic doctrine. That only happens every couple of years.

But if the Evangelicals unilaterally decided to support free birth control then, with bipartisan support from pro-choice people, it could get passed without requiring the Catholics to get on board. Maybe they'd perceive it as a betrayal or something, but they could still stand united on the abortion bad part.

I mean, evangelicals have lots of policy views that Catholics aren’t totally onboard with, so hitting defect just means they’ll get defected on.

The evangelicals would only support it if it were only free to married couples. They don't want abortions but they don't want sex out of wedlock either.

Why would Evangelicals support raising taxes and undermining freedom of conscience when a different policy choice is better? It's not about 'betraying allies'--though that's usually something to avoid when possible--but that Evangelicals actually have an array of moral and ideological preferences in addition to ending abortion, and should logically attempt to satisfy multiple preferences simultaneously first.

Yes, expanding access through OTC contraceptives is a more modest approach, but it should also accomplish much of the stated policy goal.