Journal: Journal of the Evangelical Theological Society
Volume: JETS 66:4 (Dec 2023)
Article: Normative But Not Necessary: A Biblical Case Against Criminal Punishment For Post-Abortive Women
Author: Daniel J. Trippie

JETS 65:4 (December 2023) p. 751

Normative But Not Necessary: A Biblical Case Against Criminal Punishment For Post-Abortive Women

Daniel J. Trippie*

^* Daniel J. Trippie is Adjunct Professor of Ethics at Liberty University and Lead Pastor of Restoration Church, 504 Frankhauser Road, Williamsville, NY 14221. He may be contacted at [email protected].

Abstract: The Supreme Court’s reversal of Roe v. Wade comes with challenges for pro-life evangelicals. Pro-life evangelicals desire strict abortion laws to protect the unborn. But historically, pro-life evangelicals have rejected the idea of criminal prosecution for women who violate such laws. Pro-abortion advocates contend that evangelicals are logically inconsistent in labeling abortion murder if they do not pursue criminal prosecution for post-abortive women. Also, abortion “abolitionists” within evangelicalism argue that some form of punishment is appropriate if abortion is murder. Abortion abolitionists contend that Scripture’s lex talionis principle necessarily requires criminal retribution when life is unjustly taken. There is uncertainty regarding the criminal prosecution of post-abortive women both within and outside evangelical circles. This essay argues that the evangelical conception of retribution establishes normative values that dignify all life, but certain other considerations mean these principles do not necessarily require criminal punishment when laws are broken. Therefore, pro-life evangelicals are logically consistent when they contend for highly restrictive abortion laws while rejecting the notion of criminal punishment for post-abortive women.

Key words: abortion, abortion abolitionist, criminal punishment, evangelical, retributive justice

The Supreme Court’s reversal of Roe v. Wade was a victory for the pro-life movement and pro-life evangelicals. But that reversal also comes with challenges for pro-life evangelicals. Though pro-life evangelicals desire strict abortion laws to protect the unborn, historically, the sanctity of life movement has rejected criminal punishment for post-abortive women. While some fear Roe v. Wade’s reversal will increase the likelihood of criminal prosecution for women, to date, mainstream pro-life leaders unequivocally reject the idea of criminal punishment.1 Sanctity of life attorney Paul Benjamin Linton contends that there is reluctance under the law to punish women for abortion.2 Legal historian Mary Ziegler argues that pro-lifers

JETS 65:4 (December 2023) p. 752

have traditionally adopted a legal strategy that sought to protect women, n...