The Sodomized Virgin Exception Part II
by digby
One of the most linked posts I ever wrote was called "The Sodomized Virgin Exception", about the comments by a South Dakota lawmaker as to what might constitute a legitimate reason for an abortion. Here's the gist:
FRED DE SAM LAZARO: Napoli says most abortions are performed for what he calls "convenience." He insists that exceptions can be made for rape or incest under the provision that protects the mother's life. I asked him for a scenario in which an exception may be invoked.
BILL NAPOLI: A real-life description to me would be a rape victim, brutally raped, savaged. The girl was a virgin. She was religious. She planned on saving her virginity until she was married. She was brutalized and raped, sodomized as bad as you can possibly make it, and is impregnated. I mean, that girl could be so messed up, physically and psychologically, that carrying that child could very well threaten her life.
I commented at the time:
Do you suppose all these elements have to be present for it to be sufficiently psychologically damaging for her to be forced to bear her rapists child, or just some of them? I wonder if it would be ok if the woman wasn't religious but she was a virgin who had been brutally, savagely raped and "sodomized as bad as you can make it?" Or if she were a virgin and religious but the brutal savage sodomy wasn't "as bad" as it could have been?
Certainly, we know that if she wasn't a virgin, she was asking for it, so she should be punished with forced childbirth. No lazy "convenient" abortion for her, the little whore. It goes without saying that the victim who was saving it for her marriage is a good girl who didn't ask to be brutally raped and sodomized like the sluts who didn't hold out. But even that wouldn't be quite enough by itself. The woman must be sufficiently destroyed psychologically by the savage brutality that the forced childbirth would drive her to suicide (the presumed scenario in which this pregnancy could conceivably "threaten her life.")
This was in 2006, and there was a fair amount of blowback that I was (as usual) being hyperbolic and rude, that this was a fringe sweller and I was unfairly tarring the good hearted pro-lifers as extremists.
Fast forward five years later. Nick Bauman in Mother Jones writes:
For years, federal laws restricting the use of government funds to pay for abortions have included exemptions for pregnancies resulting from rape or incest. (Another exemption covers pregnancies that could endanger the life of the woman.) But the "No Taxpayer Funding for Abortion Act," a bill with 173 mostly Republican co-sponsors that House Speaker John Boehner (R-Ohio) has dubbed a top priority in the new Congress, contains a provision that would rewrite the rules to limit drastically the definition of rape and incest in these cases.
With this legislation, which was introduced last week by Rep. Chris Smith (R-N.J.), Republicans propose that the rape exemption be limited to "forcible rape." This would rule out federal assistance for abortions in many rape cases, including instances of statutory rape, many of which are non-forcible. For example: If a 13-year-old girl is impregnated by a 24-year-old adult, she would no longer qualify to have Medicaid pay for an abortion. (Smith's spokesman did not respond to a call and an email requesting comment.)
Given that the bill also would forbid the use of tax benefits to pay for abortions, that 13-year-old's parents wouldn't be allowed to use money from a tax-exempt health savings account (HSA) to pay for the procedure. They also wouldn't be able to deduct the cost of the abortion or the cost of any insurance that paid for it as a medical expense.
There used to be a quasi-truce between the pro- and anti-choice forces on the issue of federal funding for abortion. Since 1976, federal law has prohibited the use of taxpayer dollars to pay for abortions except in the cases of rape, incest, and when the pregnancy endangers the life of the woman. But since last year, the anti-abortion side has become far more aggressive in challenging this compromise. They have been pushing to outlaw tax deductions for insurance plans that cover abortion, even if the abortion coverage is never used. The Smith bill represents a frontal attack on these long-standing exceptions.
"This bill takes us backwards to a time when just saying no wasn't enough to qualify as rape."
No word on what constitutes "force" but I'm quite sure that Bill Napoli's comments serve as a working definition for most of these people.
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