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A16
The Editorial Notebook
THE NEW YORK TIMES, TUESDAY. MARCH «, 1979
The Religious Case for Abortion Rights
There has at last been an interesting
intellectual departure in the heated debate over abortion policy. Under cur-
rent law, the Federal Medicaid pro*
gram pays all valid medical expenses
for poor women, but does not pay for
abortions, except in the case of rape,
incest, or serious health threat to the
mother. A case in the Brooklyn court
of Federal District Judge John
Dooliag,McRae v. Califcmd, attacks
the law on various grounds, but it is its
claim of First Amendment rights that
raises provocative questionf about the
law's religious neutrality.
The case is a class action brought on
behalf of all Medicaid-eligible worsen
by several civil liberties and church
groups. They argue that the current
Medicaid statute puts into law the religious dogma of those who view the
fetus as a human being from the moment an egg is fertilized. To the
Roman Catholic Church, for example,
all abortion is murder. Orthodox Jews
and some Protestant sects condone
abortion only when the mother's life is
threatened. The plaintiffs contend that
current law strongly reflects such
views and, therefore, denies some
poor women the right to exercise their
belief.
This proposition is viewed by %>me
as an attack on political advocacy by,
religions in genera), and by the Catholic Church in particular. The Catholic
journal, Commonweal, recently asked
angrily "De Catholics Have Constitutional Rights?" The plaintiffs do not,
however, claim that the Catholic
Church—or #uiy other religious group
— must remain njute on public issues.
Nor do they suggest that poor women
have an inalienable right to Medicaid
for abortions. But they do make three
important arguments:
e They say that some women do, in
fact, have a religious reason for seeking an abortion. Some non^Orthodox
Jews, for example, believe that abortion may be required t<f preserve a
. woman's physical or mental health.
Various -protestant denominations
teach that responsible parenthood
may sometimes require ending a pregnancy. Many Baptist groups believe
that the abortion decision should be a
matter of personal conscience.
e The suit asserts that the law is unfair. If the Government were to end
Medicaid benefits for all pregnant
women — whether .they have babies or
abortions — it would be religiously
neutral and not an abuse of anyone's
First Amendment rights. But to deny
poor women funds for an abortion is a
denial of religious freedom.
•The plaintiffs suggest that for
Government to overlook such religious
claims, it must have a secular purpose. But the current law does not. It
saves no money. It is not part of some
national population policy. It does not
protect women's health. If anything, it
drives them to unqualified abortionists. ^
Repeated Congressional debate
leaves little doubt that the current law
is intended to protect the fetus as if it
were a human being from the day of
conception and as if abortion, in most
cases, is murder. This view of the nature of life is a matter of faith or religion, not universally shared by the
public, nor, indeed, by the Supreme
Court. It deserves to be challenged in
court. Some describe this challenge as
divisive and as a threat to harmony in
our pluralistic society. On the contrary; that threat is posed not by the
case but by the law it would undo.
SOMA GOLDEN
The untold
story of the
World War II
women pilots
-theWASPs-
who flew
every war
plane the
U.S. had.
Those Wonderful Women
In Their Flying Machines
THE UNKNOWN HEROINES OF WORLD WAR II
Sally Van Wagenen Keil
This book brings to light one of the most extraordinary sagas in
U.S. military aviation, the story of the women, more than a
thousand of them, who became the Women's Airforce Service
Pilots in Wforld War n. They flew - over 60 minion miles - in
every plane in America's air arsenal, from the P-51 Mustang
fighter to the B-29 Superfortress. And when the war ended
they were disbanded and forgotten. "In this affectionate but
savvy book... Sally Keil has captured the flavor of these
vulnerable, game women who took on the toughestUj
the Army could give them - and did them sue
a, - N. Y.TkrttsBook Review
At all bookstores. Illus. with photographs. $10.95
630 Third Avenue, Wew York 10017
i (Distributed by Atheneum).
Women Pilots Eligible
For Veterans9Benefits]
A
WASHINGTON, March 9 (AP)
Women pilots who ferried military
planes in World War II wen their fight
today to be recognized as service veterans. .
John C. Stetson, Secretary of the Air
Force, announced that 1,097 Women's!
Air Forces Service Pilots who flewl
planes for the Army Air Corps between ?
Sept. 10,1942, and Dec. 20,1344, would S
be considered to have served cm active
military service and wouldfcecome el'
gible-for benefits admifiisteied'by f
Veterans Administration. |
