Before the
North Dakota House of Representatives
Judiciary Committee

February 12, 2003

Mr. Chairman and members of the committee, thank you for this opportunity to address you today concerning House bill 1242.

Allow me to begin by stating unequivocally that my fellow Catholic bishops and myself are completely committed to building [but never arriving at] a culture of life [which does not include outlawing abortion]. This means working [but the work never comes to a conclusion] to eliminate abortion by overturning Roe v. Wade [an utter impossibility]. It means embracing [but not enacting] initiatives that truly further the cause of life [namely those that do not outlaw abortion]. I am happy to say that North Dakota has led the nation in this respect and has what is considered the most pro-life laws in the nation [as determined by NARAL. None of these laws have ever saved one life]. The work, of course, is not done [and never will be with your approach]. Bishop Aquila and I remain determined to work with the people of North Dakota to do what must be done [apart from outlawing abortion] so that no woman would ever feel compelled to have an abortion. [They’re not compelled, Your Excellency. It is their “choice.” See Roe v. Wade.]

Although I share with some of the supporters of this bill the desire to end abortion, neither Bishop Aquila nor I can embrace this bill as a means to that end. [Why? That is what it does.]

The central problem with the proposed legislation is the imposition of a criminal punishment on a woman who has an abortion. My fellow bishops, reflecting the guidance of Pope John Paul II, have consistently held that for pastoral, moral, and prudential reasons, the law should not criminalize the woman. In most cases, if not all, she is an abortion's second victim. Our experience as counselors, spiritual advisors, and caregivers to women who have had abortions tells us that the decision to have an abortion is often the result of intense pressure, coercion by others, and a fear-driven attempt at self-preservation--all in a culture of lies about the choices before her and a society that too often leaves her alone with her "choice." Criminalizing her only compounds her victimization. [The woman has no responsibility for killing her own child? That is what is called the “culture of life”? Sounds more like the “culture of choice.”]

Let me make this clear- abortion is a grave moral wrong. [But let’s not stop it right now.] Not every moral wrong, however, demands a corresponding penalty in the civil law. [Even murder?] Moreover, civil law must further a legitimate purpose [Criminalizing murder is not legitimate?] and extend only so far as is necessary to achieve the desired end. Since she is a victim [a “choice” victim], criminalizing a woman who has had an abortion does not further the interest of justice. [It is an injustice for a murderer to suffer a criminal penalty.] To punish the woman as a criminal is unnecessary. It is enough to extend criminal culpability to the abortionist, who is truly the wrongful actor. [But only as the agent of Ms. Choice.]

To say that a woman who has had an abortion should not be punished in the civil law does not mean that she has acted without fault. [Very minor “fault.” Only killed her baby.] Her act is terribly wrong. [But not criminally wrong.] However, compassion, not a desire to punish, should guide our response to her. [What about your response to the baby who would like some of your compassion, too?] We should be mindful of Christ's response to the woman accused of adultery: "Neither do I condemn you.” [Therefore, we must decriminalize murder?]

It is this spirit that must guide our efforts to build a culture of life. Penalizing the woman is contrary to this spirit. [Not for the unborn baby, it isn’t.] House Bill 1242 is not a pro-life bill as we envision the meaning of "pro-life." [“Pro-life” is something we say, not something we do.] House Bill 1242 is not a Catholic response to abortion. [Is righteousness unCatholic?] As an example of our Church's response to abortion, I am providing you with a small handout from the United States Conference of Catholic Bishops which summarizes the Church's call to respect life by reaching out to those who have had abortions. Please take the time to read it. [There are a lot of “second victims” on death row. They had the misfortune to kill a born person. Let’s “respect life” by letting them all go.]

I realize that this must be a very difficult issue for members of this committee who oppose abortion. [What is so difficult? If you oppose abortion, vote to end it.] We all want abortion to come to an end [but not right now]. However we cannot embrace the proposal recommended in this bill as a virtuous one. [Ending a holocaust is not virtuous?] It is inconsistent with what it means to respect life. [The murderer deserves more respect than the murdered?] I believe that anyone who is genuinely pro-life can, in good conscience, oppose this bill. [And “in good conscience” let the holocaust continue.]

[NOTE: Prior to Roe v. Wade, North Dakota law criminalized abortion for all involved.]