Texas abortion law shows when human life begins is a question of politics—not biology

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Form of words:

a Texas law that aims eliminate almost all abortions The state is part of a long-running nationwide movement to restrict abortion rights. The Texas law took effect on September 1, 2021 and severely limits abortion rights in that state.

But the anti-abortion movement is targeting more broadly than just Texas and is placing its bets very strongly on a case to be argued in the U.S. Supreme Court this fall, known as Dobbs vs. Jackson Women’s Health Organization. in that case, Mississippi is asking the State Supreme Court to decide on the constitutionality of Any form of prohibition on elective abortion before the embryo becomes viable outside the womb. If the court rules that such prohibitions are constitutional, it would overturn a long-standing decision Roe vs. Wade that women have the right to have an abortion.

a in that recent friend-of-court filing Case explicitly asserts that biology – and therefore biologists – can tell when human life begins. The filing then explicitly claims that most biologists agree on which particular point in embryonic development actually marks the beginning of human life.

None of those claims are true.

role of science

As a biologist and philosopherFor many years now, I have seen players in the national abortion debate make claims about biology.

Abortion rights opponents know that Americans have widely differing values ​​and religious beliefs about abortion and the protection of human life. so they want to use science as an absolute standard In any discussion of the constitutionality of abortion, setting a definition of human life as they hope would be immune to any counterargument.

Although perhaps well-intentioned, this appeal to evidence on scientific authority and discussion of people’s values ​​is based on faulty logic. philosopher as heavenly Bernard Williams have long pointed out that understanding what it is to be human requires much more than biology. And Scientists can’t establish When a fertilized cell or embryo or embryo becomes human.


Read also: How changes to the Pregnancy Termination Bill give women better abortion options


Political claims about science

In recent years public figures have prominently claimed that scientific knowledge on the subject of human life is definitive.

For example, in 2012, former Arkansas governor Mike Huckabee, who was running for president, claimed on “The Daily Show with Jon Stewart:”.Biologically, life begins at conception. From a biological point of view this is irrefutable.”

Similarly, in his 2015 presidential bid, Florida Sen. Marco Rubio declared, “I believe the science is clear … when there is an assumption that this human life is in the early stages of its development.”

The latest high-profile example of this claim is in Amicus brief filed in Supreme Court In the Mississippi case.

The brief, coordinated by a graduate student at the University of Chicago in Comparative Human Evolution, Steven Andrew Jacobs, is based on a problematic piece of research that Jacobs had conducted. He now wants to enter it into the public record to influence US law.

First, Jacobs conducted a survey, supposedly representative of all Americans, looking for potential participants. Amazon Mechanical Turk Crowdsourcing Marketplace and acknowledged all 2,979 respondents who agreed to participate. he found that Most of these respondents trust biologists over others – including religious leaders, voters, philosophers and Supreme Court judges – to determine when human life begins.

Then, he sent 62,469 biologists who could be identified from the institutional faculty, and the researcher enlisted a separate survey that offered several options for when, biologically, human life might have begun. They received 5,502 responses; 95% of those self-selected respondents said that life began with fertilization, when a sperm and egg merge to form a one-celled zygote.

This result is not a proper survey method and carries no statistical or scientific weighting. It’s like asking 100 people about their favorite sport, finding out that only 37 football fans Took the trouble to answer, and declared that 100% of Americans love football.

In the end, only 70 of those 60,000-plus biologists supported Jacobs’ legal argument, enough to sign the amicus brief, which makes a companion argument to the main case. This may be because there is neither scientific consensus nor consensus on when human life actually began, a question that biologists can answer using their science.

many possible options

Scott GilbertAt Swarthmore College, the Howard A. Schneiderman Professor of Biology Emeritus, author of standard textbook of developmental biology. she has recognized as many as five developmental stages That, from a biological point of view, are all plausible starting points for human life. Biology, as science now knows, can tell these stages apart, but cannot determine at which of these stages life begins.

The first of these steps is fertilization in the egg duct, when a zygote with complete human genetic material is formed. but Almost every cell in everyone’s body contains the complete DNA sequence of that person.. If only genetic material is what makes up a potential human being, then when we shed skin cells – as we do all the time – we are alienating potential humans.

The second plausible stage is called gastrulation, which occurs approximately two weeks after fertilization. at that point, The fetus loses the ability to form identical twins – or triple or more. Hence the embryo becomes a biological person but not necessarily a human person.

The third possible stage is 24 to 27 weeks of pregnancy, when the characteristic Human-specific brain-wave pattern emerges in fetal brain. the disappearance of this pattern is part of what legal standards for human death; Symmetrically, perhaps its presence can be taken to mark the beginning of human life.

The fourth possible step, which is Supported in the Roe vs. Wade decision In the United States, legalizing abortion is feasibility when an embryo becomes viable outside the uterus with the help of commonly available medical technology. With the technology we have today that stage is reached in about 24 weeks.

The last possibility is birth itself.

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The overall point is that biology does not determine when human life begins. This is a question that can only be answered by appealing to our values, by examining what it takes to be human.

Perhaps future biologists will know more. Until then, when human life begins during embryonic development is a question for philosophers and theologians. And policies based on the answer to that question will remain up to the politicians – and the judges.


Read also: Why India’s law on abortion doesn’t use the word ‘abortion’


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