Most Baptists in the United States would not have voted for Barack Obama because he categorically stated that he supports abortion.  They contend that he is unfit to govern as president because of his pro-abortion view.  In fact, on the day after the US election, after Republican Mitt Romney had conceded defeat to Democrat Barack Obama, those same Baptists were pronouncing woe on the United States.  It is their belief that because Barack Obama was elected president the sure judgment of God will now fall on America for having chosen a president who was pro-abortion.

To blame Obama for the  ill of abortion in American society is ignorance of history and a misunderstanding of the US political system. Just because Obama is pro-abortion does not disqualify him to be president of the United States: espousing abortion is not a disqualification for the US Presidency.  Let me explain a little about the US federal system of democracy that is different from our own political system:

Under the US federal system, each state has its own legislature.  Each state is autonomous within its territory.  The residents of each state vote for representatives to the state legislature who when elected, pass laws that apply to all citizens within their state’s territorial jurisdiction.

Under the US federal system, all state laws must conform to the US Constitution and to federal laws.  While each state can pass its own laws, the laws it passes must not be in conflict with the US Constitution or with the laws passed by the US Congress and the US Senate.

Under the US federal system, all laws passed by the state legislature and the US (federal) legislature can be judicially reviewed by the US Supreme Court.  The US Supreme Court interprets the law and it can make pronouncements on the unconstitutionality of laws passed by each state when these are in conflict with the US Constitution or federal law.

Let me explain a little legislative history on the legalization of abortion in the United States (my source for some of these facts is Wikipedia):

1. In 1821 Connecticut’s state legislature passed a law that penalizes abortion.  By 1900, all the states in the union have passed laws that punish acts that cause abortion.  Prior to this, abortion was not a criminal act: a pregnant woman and/or her doctor will not be prosecuted for causing a fetus to be aborted.  These state laws had one thing in common: they were all consistent with the English common law theory that life becomes viable only upon quickening (after the third month of pregnancy).  For this reason, most state laws penalizing abortion made it a crime to abort a fetus when the woman has passed the third month of pregnancy.  During the first three months of pregnancy, abortion was not a criminal act.
2. In the 1900s, some states passed laws allowing abortions within the first trimester of pregnancy in cases of rape or incest.  This means that if the woman was a victim of rape or incest, she can legally abort her fetus within the first three months of her pregnancy without fear of criminal prosecution. Some states added a third ground for allowing abortions: when the mother’s mental and physical health would be in danger if she carries a fetus to full term, she can opt for a legal abortion provided that the abortion was done within the first three months of pregnancy.
3. In 1969, a woman from Texas became pregnant with her third child.  Her friends advised her to claim that she was raped so that she can have a legal abortion.  The woman had not reported a rape and so she was not allowed to have an abortion. She then sued the state of Texas claiming that the option to have an abortion stems from her right to privacy; that the law of Texas preventing her from having an abortion on her own choice was unconstitutional.  Her case reached the US Supreme Court and was decided in 1973 as Roe v. Wade.  The Supreme Court acknowledged that a woman has a right to choose whether or not to terminate her pregnancy.  This right to choose is guaranteed by her constitutional right to privacy.  But the Supreme Court also ruled that her right to choose was not absolute because her right must be balanced with the states’ right to protect maternal and infant health.  With this decision, all laws limiting a woman’s right to obtain an abortion within the first three months of pregnancy were “liberalized.”  This means state laws can no longer limit legal abortions to cases of rape, incest or medical conditions detrimental to maternal health.  After the promulgation of Roe v. Wade, women can have abortions if they choose, for whatever personal reasons they choose, so long as the abortion is done within the first three months of pregnancy.

As you can see, abortion has been legal in the United States in limited cases since 1900 and since 1973, abortion as a woman’s choice has been legal in the United States.  Given these facts, it is factual error to assert that Obama caused or will cause the legalization of abortion.  In fact, abortion has been legalized since before Obama was even born!  Electing Obama was not a vote for legalizing abortion.  Abortion has been legal even before Obama became a presidential candidate.

The essence of democracy is the freedom of conscience: to believe as conscience dictates.  Obama is free to be pro- or anti- abortion because the US Constitution guarantees freedom of thought, the freedom to have an opinion.  Even if Roe v. Wade did not yet exist and Obama were running on a pro-abortion platform, that still does not make him unfit for the presidency under the US Constitution where freedom of thought and conscience is allowed.  It may affect his acceptability to the US voters; it may cast doubt upon his claims as a Christian; it may even affect the perception of his credibility, but it does not affect his political eligibility to hold office.  Having a political or moral opinion, no matter how unpopular does not disqualify a person from running for public office.

Pushing the scenario further: if Roe v. Wade did not yet exist and all abortions were still illegal in the United States; if Obama runs for president stating that he believes that women have a right to choose whether or not they can have an abortion, still this opinion he holds does not disqualify him to be president.  Obama’s belief is his personal belief and his personal belief will not automatically become law upon his election.  Remember that each state is autonomous.  It can create laws it sees fit.  If a state is not in agreement with the elected president’s view or opinion, the elected president cannot dictate upon the state legislature to pass a law that favors his opinion.  Just because Obama is pro-abortion does not mean that all the legislatures of the US states will become pro-abortion as well.  It does not even mean that the US Congress and the US Senate will pass pro-abortion laws just because the elected president is pro-abortion.  It is misguided to pronounce judgment on the United States simply because the president they elected happens to be pro-abortion:  abortion has been in the statute books since 1900 and abortion has been liberalized as a private choice of women since 1973.  Obama had nothing to do with that.  You can vote and campaign for or against Obama, but you must choose to do so on the basis of sound legal and historical facts and not on the unfounded fear that he will cause abortion to be legalized.

More on Wednesday…