One of the cases decided by the United
States Supreme Court at the end of their term this year was Stenberg v.
Carhart. In their decision, the Court ruled that Nebraska's ban on partial-birth
abortions was unconstitutional.
In the days and weeks leading up to this decision,
there were many press releases and pronouncements from people on both sides
of the abortion issue. As I listened, I noticed something interesting in
the remarks of abortion rights supporters. One of their oft-stated concerns
was that banning this procedure was the first step on a slippery slope
which placed all abortions at risk of being banned.
As I heard this argument being made, I was
reminded of some of the debates over gun control, particularly in the months
since the massacre at Columbine High School. As gun control advocates made
proposals to limit the access to handguns, groups like the National Rifle
Association expressed their concern that limiting access to some firearms
was the first step on a slippery slope which placed all firearms at risk
of being banned. Does anybody else see a parallel here?
Granted, the media coverage of these two slippery
slopes was by no means even. While the NRA was portrayed as uncompromising
extremists, opponents of the partial-birth abortion ban were generally
portrayed as unswerving defenders of freedom. This is not particularly
surprising, given the percentage of the media who support gun control and
legal abortion. The news media is frequently unable to distinguish between
reporting and editorializing, and that's particularly true on "hot button"
issues such as these.
What I have not heard much of, however, is
a questioning of whether the concerns about slippery slopes are valid.
I'm not sure, in either of these cases, that they necessarily are.
The fact is that these all-or-nothing scenarios
don't apply in other areas of constitutional rights. Freedom of speech
has not been damaged by laws prohibiting slander or libel. The prohibition
of human sacrifices is not a threat to general religious freedom. In these
cases, as well as others, we have been able to clearly delineate what is
not protected without endangering what is. What is it, then, that makes
abortion and gun control different? Two things, I think.
First, I think we see our elected officials
as political gamesmen instead of public servants. How many times have we
seen popular legislation derailed because somebody tacked on an unrelated
amendment that destroyed the consensus? Our politicians have not convinced
us that they can pass these kinds of clearly delineated laws without somebody
trying to sneak a politically-motivated booby trap onto the coattails.
Secondly, we have shown ourselves to be an
apathetic and intellectually lazy people. When somebody proclaims a crisis,
we respond, often without bothering to ask if the crisis in question is
real or imagined. Political activists know this, and they aren't likely
to stop sounding the alarm bell until we stop answering it.
I'm not going to say that there are no slippery
slopes we ought to avoid, but these aren't two of them. Unless we learn
to distinguish between what is and is not a threat to freedom, we will
find ouselves cast as the boy who cried, "Wolf", and that's when we will
be vulnerable to a threat that is real. |