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The Democratic Strategist

Political Strategy for a Permanent Democratic Majority

Roy Moore’s Abortion Extremism Is Beyond Comparison

In the brief period since Roy Moore won the GOP Senate nomination in Alabama, conservatives have tried to paint Democratic nominee Doug Jones as an “extremist” on abortion policy. As I argued at New York. nobody’s an “extremist” like Roy Moore.

Roy Moore has staked out the most hard-core position imaginable on abortion, and has maintained an uncomfortably close relationship with activists who justify violence against abortion providers and punishment of women for exercising their right to choose. And that’s aside from his regular comments suggesting that legalized abortion and homosexuality have brought down divine wrath on America.

Wherever Doug Jones would draw the line between legal and illegal abortions, there is zero question where Roy Moore would draw it: He wants to make every abortion under any circumstances illegal from the moment of conception, and punish those who procure them, regardless of what the U.S. Supreme Court says. He made that clear not in some op-ed, but in an opinion from his position as Chief Justice of the Alabama Supreme Court, in a 2014 case involving prosecuting a woman for endangering her fetus by using drugs:

“Because a human life with a full genetic endowment comes into existence at the moment of conception, the self-evident truth that ‘all men are created equal and are endowed by their Creator with certain unalienable rights’ encompasses the moment of conception. Legal recognition of the unborn as members of the human family derives ultimately from the laws of nature and of nature’s God, Who created human life in His image and protected it with the commandment: ‘Thou shalt not kill.’ Therefore, the interpretation of the word “child” in Alabama’s chemical-endangerment statute, § 26-15- 3.2, Ala. Code 1975, to include all human beings from the moment of conception is fully consistent with these first principles regarding life and law.”

As this quote illustrates, Moore is a leader in the “Personhood Movement,” which holds that from the moment of conception a zygote enjoys the full protections of the Equal Protection Clause, which precedes and preempts any claim by the woman involved. If there was any doubt about Moore’s position, it should have been removed by a 2012 amicus brief he and his Foundation for Moral Law signed in a U.S. Supreme Court case involving a proposed personhood constitutional amendment in Oklahoma. Moore and his group noted they were promoting a personhood initiative in Alabama similar to Oklahoma’s, and then argued:

“While Personhood laws may challenge the legitimacy of the so-called ‘right’ to abort that person under Roe v. Wade and Casey v. Planned Parenthood, the Oklahoma Supreme Court, by blocking personhood protection for every preborn child, ‘threw the baby out with the bathwater’ and rejected the many other ways a state may protect the life and dignity of the preborn child.

“Finally, the Holy Scriptures provide additional support for the personhood of the preborn child. Though some interpretations of scriptural passages try to devalue the preborn, the Bible, rightly divided, consistently protects the life of preborn persons from murder and assault as equally as it does those already born.”

How extreme is the zygote-personhood position, which would arguably ban in vitro fertilization clinics and various forms of contraception? Extreme enough that initiatives to place personhood provisions into state constitutions have failed by large margins on the five occasions they’ve made it to the ballot: three times in Colorado, once in North Dakota, and perhaps most relevantly for Alabama, once in arch-conservative Mississippi.

Even though it had widespread support from Republican and even a few Democratic elected officials, Mississippi’s Amendment 26 was defeated by a 59–41 margin in 2011.

Roy Moore’s position on abortion was too extreme for Mississippi. Is it just right for Alabama? Perhaps that question should be answered before anyone starts picking apart Doug Jones’s interview answers. But without question, Jones needs to occupy more, not less, of the vast ground between Moore’s positions and those of regular Alabamians, who may frown on late-term abortions but don’t want to treat women as distrusted, ungodly bystanders in the reproductive process.

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