The news that Supreme Court justice Anthony Kennedy will retire next month has immediately conjured up images of a pro-life judge’s taking his place and becoming the crucial fifth piece to strike down Roe v. Wade, the Court’s 1973 affirmation of a universal right to abortion. For pro-life activists and observers, this is a historic opportunity to challenge the bloodiest injustice in America for the past 50 years. While overturning Roe would not itself criminalize abortion, it would blow away the barrier against state-based laws and almost certainly result in at least 20 states outlawing abortion in most circumstances. All it takes is five justices to intervene on behalf of the lives of millions of unborn Americans. It is very close.
It is close because Donald Trump won an astonishing election the same year that Justice Antonin Scalia astonishingly died, denying the Democratic Party an opportunity to solidify Roe via President Hillary Clinton. It is close because then-candidate Trump said onstage during a presidential debate that he would seek to overturn Roe if given the opportunity to appoint justices. It is because of the relationship between the judiciary and the executive, a relationship crafted by the men on our dollars and coins, that this opportunity has come. And it is also because of Donald Trump.
This is a hard saying. Who can bear it?
In our current age, we are given to making value judgments by association. Because Donald Trump is a man of vice whose administration has pursued some cruel policies (and whose rhetoric tends to exult in such cruelty), some evangelicals will struggle with feeling joy at this vacant Court seat. “I’m personally pro-life,” they might say, “but I just don’t trust Trump, and I don’t like it that people who voted for him seem happy about this.” Thus, they might try to reason themselves into the belief that Roe ought not be overturned, that a pro-life justice ought not be appointed, all because Donald Trump ought not be president and evangelicals ought not be feeling victorious right now.
The frustration is understandable, but the logic is not. Evangelicals don’t have to set aside their convictions about race, immigrants, women, or the Religious Right in order to perceive a moral mandate when it comes to abortion. There is no Christian case against overturning Roe. None.
Once upon what seems now like a lifetime ago, pro-life evangelicals were united in horror and imprecatory prayer at the undercover videos of Planned Parenthood released by the Center for Medical Progress. Those videos have been legally prosecuted and forgotten, but they have not been unmade. There are many of us who vividly remember where we were when we watched a physician “harvest” the tiny anatomy of an aborted boy (yes, “it’s a boy”), or when we listened to Planned Parenthood reps talk about the money and humor in the trafficking of babies. While these videos were being released, there was no question amongst most evangelicals whether abortion was a cause worth engaging at the highest possible level. There was no Donald Trump and no morally compromised Religious Right to complicate things.
Three years later, the producers of those videos are fighting litigation, and many of us who watched and cried and prayed are fighting ourselves. The illusion of virtue in our tribe was dismantled by 2016, by #MeToo, by the children of refugees in prison-like holding cells. It has been terrible. But evangelicals cannot allow the hypocrisy of their elders to blind them to the innocence of their infants. It is not remotely unreasonable or incoherent to stand as far away as possible from the rot of God and country Republicanism while charging alongside it against Roe v. Wade. In fact, it is the only option we have.
In a now-deleted tweet, a prominent progressive evangelical writer said though she was “convictionally pro-life” (those slippery adverbs!), she could not support the overturning of Roe v Wade due to all the “effects” it would have. After deleting the tweet, she said that Twitter was obviously not the right place to talk about abortion. Nothing more than a 2 minute perusal of her Twitter account reveals dozens of impassioned threads about everything from gun control to immigration to policing. This sort of double dealing has become rampant among younger, socially conscious evangelicals in the aftermath of Trump’s election. While abortion is a “complex conversation” that requires nuance instead of activism, the issues that the Republican Party morally fails on are apparently no-brainers.
I don’t think this attitude necessarily comes from apathy about unborn babies or rank partisanship. I think it mostly comes from fear—fear of becoming the wrong kind of person in the wrong kind of tribe. Again, the fear is understandable, but the rationalization seen above is not. To act as if morally upright Christians cannot support President Trump’s appointment of a justice who would tip the scales against Roe is to prioritize political consistency and tribal identity over human life itself. It is the literal opposite of a Christ-honoring public theology.
Martin Luther King famously said that laws could not make white people love black people, but they could keep white people from lynching black people. In other words, a law that doesn’t address the deepest problems but still preserves life is a worthy law. Evangelicals who say that overturning Roe would not destroy back alley abortions need to ponder the truth in King’s statement. The possibility that a law will be broken and that people will suffer is not an argument against a moral law. It’s an argument against us sinful people. The overturning of Roe would allow states to codify the sanctity of unborn life, and laws do teach. We may not be able to change hearts, but we can shape them as they grow…but only if they’re allowed to beat.
Roe v. Wade is a legal catastrophe. It is Constitutional soothsaying. It’s a decision based on discredited scientific claims and cartoon philosophy. Worst of all, it has been the death sentence of over 60 million Americans. Worrying about whether its reversal will register as a win for a president who is unworthy of it is not a competing interest to its destruction. This should not, must not, and cannot be a “white Republican Christian” issue. It’s everyone’s issue. There is no Christian case for keeping Roe. None.