On January 22, 1973, in its Roe v. Wade decision, the U. S. Supreme Court, by a 7 to 2 vote, ruled that the states could make no legal restrictions against abortion in the first three months of the mother’s pregnancy. In the second three months, restrictions could be applied only to make the procedure safer for the mother, and in the last three months, the state could enact legislation to protect “potential life” unless the health or life of the mother was in danger. The Court ruled that the unborn child was a non-person, not protected by the constitution. The decision made legal what was previously illegal in most states. The reversal of Roe v. Wade by the Supreme Court, on June 24, 2022, by a 6 to 3 decision, only moved the legal decision to the states, some of which allow abortion of the unborn child up to the moment of conception.

In considering if opponents of abortion should be able to impose their morality on those who believe abortion should remain legal, perspective comes by looking at another Supreme Court decision. In its Dredd Scott decision of March 5, 1857, by a 7 to 2 vote, the Supreme Court ruled that black people held as slaves were the property of their owners, and were non-persons, unprotected by the constitution. The ruling settled the issue that slavery was legal in the United States and protected by the constitution. Slavery opponents continued to work for its abolition however, because they believed it was morally wrong. Later Court decisions and the Civil War declared slavery illegal, and rightly recognized black people as persons protected by the constitution.

In reality, the legality of an issue has nothing at all to do with its morality. Christians recognize the authority of law. “Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation.  For rulers are not a terror to good works, but to the evil” (Romans 13:1-3). The Lord expects us to be good citizens, subject to the government “not only for wrath, but also for conscience sake,” paying taxes and honoring those in authority (Romans 13:5-7).  

At the same time, however, Christians realize that their higher allegiance is to God, and not to human authority. Jesus said, “My kingdom is not of this world: if my kingdom were of this world, then would my servants fight, that I should not be delivered to the Jews: but now is my kingdom not from hence” (John 18:36). The higher calling of God is to value and protect human life. Paul wrote, “Thou shalt not commit adultery, Thou shalt not kill, Thou shalt not steal, Thou shalt not bear false witness, Thou shalt not covet; and if there be any other commandment, it is briefly comprehended in this saying, namely, Thou shalt love thy neighbour as thyself” (Romans 13:9). Surely the baby in its mother’s womb is a person who deserves not to be killed by abortion. From a legal standpoint, a child in the womb may be killed with impunity, but five minutes after birth it is considered murder to kill that child. Does the legal issue change the moral issue? Can anyone deny that the unborn child is human life?