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Lessons for U.S. from Irish Abortion Experience
By Julie F. Kay, Pacific News Service, May 4, 2001

Although the last 20 years have been a time of remarkable growth in Ireland by almost every measure, it is the only country in the European Union to severely restrict abortion. This policy continues despite popular support for a less restrictive system, and it parallels the behavior of our own new president. Julie F. Kay, an American living in Dublin, is a writer and attorney, and a legal consultant for the Irish Family Planning Association.

If debate over abortion were an Olympic event, Ireland and the U.S. would be tied for the Gold.

Ireland's near total ban on abortion is the jewel in the crown of the pro-life movement -- vigorously applauded by America anti-abortion activists. And in supporting the Unborn Victim of Violence Act, President Bush seeks to move the United States briskly toward the Irish position.

The Act provides a fetus with rights of its own, a first step toward the sort of anti-abortion strategy Bush seems to favor, if his early actions and staff appointments are any indication.

Enhanced legal status for the fetus have existed in Ireland for almost twenty years, since voters amended the Irish Constitution to give the unborn an explicit right to life while granting "due regard" to the pregnant woman's life.

But harsh restrictions on abortion have little public support today.

Results of a new poll by Lansdowne Market Research for Abortion Reform show that almost two-thirds of those surveyed believe that abortion should be permitted in some circumstances in Ireland.

As with all politics in Ireland, history is key to understanding today's debate.

The abortion controversy exploded in Ireland in 1992 just months before the U.S. Supreme Court ruled to restrict abortion access.

For almost a generation, England had acted as a safety valve by providing safe, legal abortion for thousands of Irish women each year.

Then a landmark ruling in the "X case" threw this "Irish solution to an Irish problem" into turmoil. "X" was a girl of 14, pregnant as a result of rape, allegedly by the father of a schoolmate. Accompanied by her parents, X traveled to England for an abortion.

Her father, concerned about prosecuting the rapist, had asked Irish police whether a fetal tissue sample should be preserved as DNA evidence. In response, the Attorney General obtained a court order to protect the fetus by prohibiting the girl from seeking an abortion or traveling outside the country for nine months.

The family returned to Ireland with X still pregnant and now suicidal. Ultimately the Irish Supreme Court permitted an abortion based on the girl's extreme risk of suicide.

Large demonstrations supporting abortion rights at that time made it clear that opposition to abortion was by no means a solid wall, despite Catholic hegemony.

That same year, breaking ranks with their church, Irish voters passed a referendum giving women the right to travel to obtain abortion services legally, and the right to receive information on abortion -- ending years of censorship of books and magazines that mentioned abortion -- while rejecting a proposal to exclude suicide risk as a grounds for abortion.

For 20 years now, the debate about abortion has inflamed the Irish, yet the political landscape remains fixed. Despite socio-cultural and economic advances that have Ireland in step with its more progressive European Union partners, its uncompromising abortion laws remain.

The government, after extensive study and endless debate, has proposed no new legislation. Instead, it panders to a vocal minority by offering a referendum striking risk of suicide as justification for abortion -- a measure almost identical to the one voters rejected in 1992.

And at least 6,000 thousand Irish women continue to travel to England for abortions each year. The Bush administration seems equally willing to ignore the majority of Americans and has charged forward with an anti-abortion agenda from day one.

Ignoring the "women's vote" his mother wooed under the slogan "W is for Woman," Bush closed the White House Office for Women's Initiatives and Outreach, re-enacted the gag rule de-funding foreign organizations who even speak of abortion, supported the Unborn Victims of Violence Act, and threatens the availability of RU-486.

All this within his first trimester!

So abortion rights get only political lip service from anti-abortion governments in both Ireland and the U.S. Ireland's anti-abortion movement, like its American cousin, has become an entrenched political force that emboldens conservative politicians to routinely dismiss women's rights.

Only when pro-choice voters begin to express their views at the voting booth -- not only to pollsters but also to peers and politicians -- will their myopic politicians get the message of an enlightened agenda.


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