The political outrage of the moment is the assertion that SCOTUS nominee Brett Kavanaugh thinks that contraceptives and abortifacients are the same thing. HuffPost provides a sample article with the contention that “Kavanaugh] referred to contraception as ‘abortion-inducing drugs.'” and then a quote from the EVP of the Planned Parenthood Action Fund:
Kavanaugh referred to birth control ― something more than 95 percent of women use in their lifetime ― as an ‘abortion-inducing drug,’ which is not just flat-out wrong, but is anti-woman, anti-science propaganda.
This is a convenient narrative for pro-choice activists, who routinely smear the pro-life movement as being motivated by regressive prudery or just an outright “War on Women.” They would have you believe that pro-lifers are out to control women’s reproduction, and therefore pro-lifers oppose contraception and abortion as one and the same thing.
None of this is true.
First, it’s not true that the pro-life movement conflates contraceptives and abortifacients. These are two very different things. Abortifacients act after fertilization to cause the death of an innocent human being. Opposition to this–at least, in elective cases–is the core of the pro-life cause.
Contraceptives, on the other hand, act to prevent fertilization. If there’s no fertilization then no human life is at stake. So the pro-life movement has no relevance here.
It’s true that some pro-life people view contraception as immoral. It’s also true that some pro-life people would like to bring school prayer back. But just because they do, it doesn’t make school prayer a pro-life issue. It just shows that there’s overlap between people who are pro-life and people who like school prayer. Same concept here: there’s overlap between people who are pro-life and people who view contraceptives as immoral, but opposition to contraceptives (morally or legally) has nothing to do with the pro-life cause because there isn’t a human life directly at stake.
Second, returning to Kavanuagh specifically: he knows this. Much as Planned Parenthood would like to scare up some more donor dollars by terrifying people with the specter of a crazed misogynist who can’t tell the difference between contraception and abortion, Kavanaugh’s dissent in Priests for Life vs. HHS (which is what Ted Cruz was asking Kavanugh about) makes clear that he is perfectly aware of the difference:
By regulation, that insurance must cover all FDA-approved contraceptives, including certain methods of birth control that, some believe, operate as abortifacients and result in the destruction of embryos.Page 1 of Kavanaugh’s dissent.
The drug that Kavanugh is talking about is levonorgestrel. In low doses, levonorgestrel is a contraceptive that acts by preventing fertilization. This raises no pro-life concerns. But levonorgestrel is also available in a much higher dosage as the emergency contraceptive Plan B. In this higher dosage–and taken after sex (which is the whole point of an emergency contraceptive)–levonorgestrel may kick in after fertilization has already occurred and prevent an embryo from implanting. This is the scenario that concerns pro-lifers, because once fertilization takes place we have a new, living human being and the entire point of the pro-life movement is that it shouldn’t be legally permissible to electively kill human beings.
So, contrary to Planned Parenthood propaganda, Kavanaugh isn’t attacking all contraceptives. He’s not even attacking all uses of levonorgestrel. In fact, he’s not attacking anything at all. He’s merely pointing out that “some believe” (i.e. Priests for Life believe) that in this particular case, levonorgestrel may act as an abortifacient and not as a contraceptive.
Is the concern reasonable? Probably.
The question of whether or not Plan B can act as an abortifacient is incredibly controversial because it has to do with abortion, but Wikipedia (with a citation) concludes that “While it is unlikely that emergency contraception affects implantation it is impossible to completely exclude the possibility of post-fertilization effect.”
One last important thing before we wrap up. There’s a lot of sophistry surrounding the issue of whether or not Plan B is an abortifacient. WebMD is a case-in-point:
Plan B One-Step is not the same as RU-486, which is an abortion pill. It does not cause a miscarriage or abortion. In other words, it does not stop development of a fetus once the fertilized egg implants in the uterus. So it will not work if you are already pregnant when you take it.
This is misleading because they’re relying on a technical definition of pregnancy that doesn’t have anything to do with the moral issue at hand. Their argument is that pregnancy starts at implantation rather than fertilization. If Plan B stops an embryo from implanting, then it hasn’t interrupted a pregnancy because technically the pregnancy hasn’t started yet. Therefore it can’t be an abortion, because there is no pregnancy to abort. This is all technically true and yet at the same time ethically irrelevant, since the germane issue is not whether a pregnancy has ended but whether or not a human life has ended.
Other sources, like NPR, have covered the issue much more responsibly and still conclude that Plan B is not an abortifacient because it doesn’t block implantation, only fertilization. If that is demonstrably proven (my understanding is that the jury is still out) then Plan B will no longer be a pro-life concern.
Ultimately none of this will be persuasive to people who are pro-choice because it seems self-evident that an embryo only a day or so old is not really what we mean by “a human life” even if, speaking scientifically, it is in fact a distinct, living human organism. I understand that, and I’m not going to address that aspect of the debate today.
My point is simply this: Kavanaugh in particular did not conflate all contraceptives with abortifacients and the pro-life movement in general is similarly able to tell the difference between these two very distinct things.