‘Just’ War and Abortion

Kissling is very shrewd in attempting to link the Catholic Church’s just war theory to the question of abortion through what she terms the “seamless garment” philosophy, which is more popularly known as the consistent ethic of life. Kissling argues that if the church permits the killing of noncombatants (i.e., civilians) in certain circumstances during war, it should also permit abortions under certain conditions. Her logic, however, is faulty.

Even if the just war theory were to be applied to the issue of abortion, this does not mean, as Kissling argues, that the church would have to permit abortions under some conditions (such as when the woman would be unable to care for her child because of economic, psychological or physical reasons). The Catholic Church’s just war theory expressly prohibits the intentional killing of civilians, even under the most extreme conditions. It recognizes that unintentional civilian deaths will occur in war and states that under certain conditions that is acceptable. But it is never right to intentionally kill an innocent civilian, regardless of the aims of the war.

In the case of abortion, the fetus is equivalent to the innocent civilian. No matter how well meant the reasons may be for obtaining an abortion, it is not morally permissible to intentionally kill the fetus. Since the reasons for procuring an abortion given by Kissling (except for the case in which the mother’s life is in danger) involve the direct, intentional killing of the fetus, abortion under these circumstances would still be prohibited, even by extending the just war theory to abortion.

I wish to point out a factual error made by Kissling. She states that abortion to save the life of the mother is “now prohibited by church law.” This is incorrect.

The Catholic Church permits abortion in two cases (1) when the woman has an ectopic (i.e., tubal) pregnancy, and (2) when the woman has cancer of the uterus. These exceptions are actually consistent with the just war theory. In each case, the objective is to save the mother’s life. The resulting death of the fetus is tragic, but not intentional. These exceptions were made by Pope Pius XII in 1968 in the document Acta Apolstolicae Sedis.

STEPHEN J. KONIG

Irvine