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Post by fbmf »

I guess III was closest.

Of course it's rape. Showing a probe up a lady's woo-woo without her consent is rape, and it's not OK. I get that.

But let's be real: It'll never be punished as such. The best you can hope for is getting the law repealed. So why it is rape, it'll never be prosecuted as "rape".

Now then, there is some outside chance (in my mind) that the TVU has some medical relevance. You guys should know by now that I'm probably one of the most politically unaware people on the planet, but I can imagine a scenario like...
fbmf, after thinking for 20 seconds, wrote:If the TVU was helpful medically, but often not done because of the guilt factor, than maybe it should be done. Even so, I'm not sure why the mom would need to see it, but maybe this one of those informed consent edge cases
Maybe there is no medical relevance. I doubt there is, but I'm not a medical professional, have never taken a CPR class, don't even use NEOSPORIN on cuts.

So, yes, KEAlik, I believed (at the time of that last post) that there might be some medical relevance. Seriously. Robby Pants points out that it only happens in edge cases, and the Guvnah calling it a victory for life seals the deal. Case closed.

Knowing the intent of the law, now, I withdraw (B), but I stand by (A):

It'll never be prosecuted as rape, but it is a special kind of Fucked Up.

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Post by fbmf »

Now that I think about it, why do they need a TVU? Why not just a garden variety slimy-shit-on-your-belly ultrasound? If the goal is making mom-to-be feel like shit, just let her hear the heartbeat. Why violate her?

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Post by RobbyPants »

Again, my understanding is, in some edge cases, it is necessary, but those cases are the exception, not the rule. The doctors should be free to decide when it's necessary, and the state shouldn't be able to mandate unnecessary procedures.

And given that Perry considers this a "victory for life", I think they're admittedly doing it with the intention of lessening the number of abortions and not to make the procedure more safe.
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Post by RobbyPants »

fbmf wrote:Now that I think about it, why do they need a TVU? Why not just a garden variety slimy-shit-on-your-belly ultrasound? If the goal is making mom-to-be feel like shit, just let her hear the heartbeat. Why violate her?

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Well, the actual reason for one is in weird edge cases, like when a woman is complaining about pelvic pain, or something like that. So, there are some reasons to perform them. But the more I read on this about doctor's opinions, the more and more it reveals that this is just an attempt to shame/guilt/punish women because they can't actually stop abortions.
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Post by LargePrime »

That is not the reason! The procedure is MEDICALLY UNNECESSARY!

Yes this unnecessary medical procedure CAN have medical uses but THAT IS NOT THIS!!!

You are looking for some sort of justification of this shittyness. If a woman getting an abortion could register as a corporation, no Texan (present company excluded, of course) would care how she did what she did, or where she left it when she was done.

But she is a woman. And she wants medical care, so Texans will rape her.
Last edited by LargePrime on Wed Jan 25, 2012 1:50 pm, edited 1 time in total.
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Post by RobbyPants »

LargePrime wrote:That is not the reason! The procedure is MEDICALLY UNNECESSARY!

Yes this unnecessary medical procedure CAN have medical uses but THAT IS NOT THIS!!!

You are looking for some sort of justification of this shittyness. If a woman getting an abortion could register as a corporation, no Texan (present company excluded, of course) would care how she did what she did, or where she left it when she was done.

But she is a woman. And she wants medical care, so Texans will rape her.
I don't know if that was directed at me or not, but if it was, I don't think you read the entirety of my post.

There is no justification for this. I was simply telling FBMF that there are some reasons for the procedure, but there is no reason to mandate it. I consider this rape too.
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Post by fbmf »

LargePrime wrote: You are looking for some sort of justification of this shittyness.
Uhm..yes. I admitted that. I've now been informed (by you guys screaming at me) that there isn't any such justification, or rather there is sometimes, but those edge cases were in no way the motivator for this law. I get that now. I didn't then.

I apologize for never having attended a day of med school.

I acknowledge that this is rape, but I stand by my assertion that it will never be prosecuted as such. That sucks horribly, but it's true.

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Post by Stahlseele »

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Post by tzor »

Stahlseele wrote:
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And the best joke of all is that the procedure still has a significant number of both false positives and false negatives. It's better than a PSA test but it's still no guarentee that you either have or have not got a problem.
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Post by PoliteNewb »

Here is the basic argument (it's near lunch and I have priorities). There are many proedures that require other preminary procedures. If you want the procedure you need to go through the preliminary procedures. You are not forced because it is you wanting the procedure in the first place.
I don't have a big problem with that, provided the preliminary procedure is medically necessary, not politically motivated. Since it has been proven over the years that you can perform perfectly safe abortions without a TVU, requiring them to be done is absurd and invasive.

I am aware there may be times a TVU is medically recommended...but that is a far cry from a law requiring it to be done in all cases, regardless of necessity.
Frank's whole argument is entirely with the vagina. If the sonogram device was deployed through the anus would his argument hold?
YES. IT WOULD.
Jesus, are you really that obtuse? Frank referred to the vagina because that is where the probe is being stuck. Sticking something up her ass would ALSO BE RAPE. Just as if someone stuck something up YOUR ass, when you did not want them to do that.

Or are you going to claim with a straight face that any time a doctor tells you, "welp, time to shove something up your ass" you just drop your pants and bend over?
We can certainly discuss whether it is really necessary, whether it places exceptional inconvenience (within the context of the pending abortion), and so on, but repeating a constant "rape" charge is not helping a discussion.
1.) Unless you want to show me how all the abortions performed without TVU resulted in death or serious injury to the mother, there is no discussion required: that is proof positive that it ISN'T really necessary.

2.) Pointing out that rape is rape is not intended to "help the discussion". You are being a concern troll, and using a standard derail tactic when women are being raped...claiming that their pointing out the mere fact that they are being sexually assaulted is "not helpful". Here's a clue: it is helpful to women being raped for people to understand that they are being raped.
No, seriously. When doctors are performing procedures for the sake of the procedure and not specifically for the immediate medical needs of the patient there is a tendency for the doctor to side more with the procedure than the patient.
That is the biggest hunk of bullshit I have ever heard. You are now projecting some kind of weird motive into doctor's minds, and mandating legislation based on your fantasies.
I believe that, by and large, doctors are concerned with helping their patients. Whether that means helping them have an abortion, helping them enlarge their breasts, helping them recover from a debilitating illness, or (IMO) helping them deal with chronic terminal pain through the application of powerful drugs.
Back to the abortion, the abortionist is only interested in performing the abortion procedure. The abortionist is not interested in the long term health of the woman, the physchological conditions of the woman, or anythig else other than the quick and successful application of the procedure. Any thing that might prevent the quick and successful completion of the proceure would logically be annoying for that doctor.
Wow, I had no idea you were such a skilled mind reader. And to do it to so many doctors simultaneously, some of whom you've never met! You put Professor X to shame, sir.

The only one who should be determining if an abortion is 'medically necessary' is the patient. And if they determine it is, the doctor's job is to assist them in every way to have an abortion that is as quick, painless, and trouble-free as possible.

This law does the opposite of that.
Last edited by PoliteNewb on Wed Jan 25, 2012 5:23 pm, edited 1 time in total.
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Post by sabs »

what if we required an anal ultrasound, before you could get hair transplant surgery? Or a teeth cleaning, or a Vasectomy. They are about as related.

EVERY Specialist, is interested in the quick and successful application of the procedure. The guy doing your teeth cleaning doesn't care about the future health of your teeth, actually for him, he wants your teeth to get fucked up, it's more income for him. What he cares about is getting your teeth cleaned, so he can clean the next person's teeth.

And this has to do with the way insurance companies work, more than anything else.

Doctors that perform abortions are specialists, the overall long term care of the woman is what her obgyn/primary doctor are for.
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Post by PoliteNewb »

tzor wrote:
Stahlseele wrote:
Image
And the best joke of all is that the procedure still has a significant number of both false positives and false negatives. It's better than a PSA test but it's still no guarentee that you either have or have not got a problem.
I've had a prostate exam; it wasn't a really big deal, but honestly the reason I opted for it was because it was fast and cheap. There are higher-tech, less invasive methods, but they cost time and money, things I don't have a surplus of.

That said, the doctor informed me beforehand, and it was related to a prostate issue. So it's not really relevant to the discussion we're having.
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Post by fbmf »

No, seriously. When doctors are performing procedures for the sake of the procedure and not specifically for the immediate medical needs of the patient there is a tendency for the doctor to side more with the procedure than the patient.
Okay, but why does mom-to-be need to see it? If there is a medically relevant reason to not perform the abortion (keep in mind Perry has admitted that this is not the progenitor of the law), then give mom-to-be the option of seeing it if she needs the visual aid...but why (other than guilting her into changing her mind) is her seeing it mandatory?

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Post by sabs »

And why does it HAVE to be a transvaginal ultrasound?
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Post by tzor »

fbmf wrote:Okay, but why does mom-to-be need to see it? If there is a medically relevant reason to not perform the abortion (keep in mind Perry has admitted that this is not the progenitor of the law), then give mom-to-be the option of seeing it if she needs the visual aid...but why (other than guilting her into changing her mind) is her seeing it mandatory?
She doesn't. She has to have the results read to her. Seeing it is optional. Doctors think you would find the home video of the colonscopy cool too.
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Post by tzor »

sabs wrote:And why does it HAVE to be a transvaginal ultrasound?
My guess is that there is a minimal requirement of the age of the fetus before the external ultrasound will pick up the fetus in detail.
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Post by Kaelik »

tzor wrote:Here is the basic argument (it's near lunch and I have priorities). There are many proedures that require other preminary procedures. If you want the procedure you need to go through the preliminary procedures. You are not forced because it is you wanting the procedure in the first place.
This is true, provided you are provided with all materially relevant information about any preliminary procedures. That's why it's called informed consent. If the doctors fail to provide you with materially relevant information, such as but not limited to, what the medical benefits of the procedure are, then you did not consent to the preliminary procedure.

It is possible to consent to the standard procedure without some of the preliminary procedures, even if it is rarely done. If a patient refuses to consent to general anesthetic, but does consent to amputation, you still have to amputate them, but you can't use anesthesia.
tzor wrote:Frank's whole argument is entirely with the vagina. If the sonogram device was deployed through the anus would his argument hold? (And yes, you can do that, that's how it's done with prostrate biopsies because guys don't have vaginas to put the probe into.) Of course that would be stupid for several reasons the most important is that the position for that would be different than the position for the later abortion.
Yes that would also be rape, provided that you did not consent to the procedure. Since you have not been informed of it's medical benefits (none) therefore you cannot be consenting to it.

Because the definition of rape in the Texas criminal Code includes any time any object is inserted into a vagina or anus without consent.
tzor wrote:We can certainly discuss whether it is really necessary, whether it places exceptional inconvenience (within the context of the pending abortion), and so on, but repeating a constant "rape" charge is not helping a discussion.
We already did that. It is not necessary. Having established that, we then turn to whether or not the woman consents. We see again, that she did not give uncoerced consent. Having established the insertion of an object into someone's vagina without consent, we correctly recognized it as rape. That does help, because it starkly contrasts this unacceptable behavior with acceptable behavior.
tzor wrote:No, seriously. When doctors are performing procedures for the sake of the procedure and not specifically for the immediate medical needs of the patient there is a tendency for the doctor to side more with the procedure than the patient.

I suppose I'm going to need an example that is not abortion. The best example I can think of is liposuction. Florida bill seeks to rein in liposuctions

Now I am not going to paint these doctors as butchers, but in their narrow minded pursuit of their specific procedure they often may not consider the other factors that involve the procedure. This is one reason why hospitals work around boards and set up systems of checks and balances so that narrow vision doesn't impact patient health.

Back to the abortion, the abortionist is only interested in performing the abortion procedure. The abortionist is not interested in the long term health of the woman, the physchological conditions of the woman, or anythig else other than the quick and successful application of the procedure. Any thing that might prevent the quick and successful completion of the proceure would logically be annoying for that doctor.
You cannot read minds Tzor. You have no evidence for any of these claims. Abortionists are concerned with the long term health of the woman. It just turns out that both abortionists and the women in question disagree with you about what is in their long term interest. You don't get to make that decision. Abortionists have medical degrees, and experience, and the knowledge to determine whether a transvaginal ultrasound provides any use at all. They have determined that it doesn't. They can then inform the women getting abortions of the procedure, and their recommendation, and then the women make their own final decisions, because they are the ones who get to make that decision.

Now honestly, you don't think that the transvaginal ultrasound has any chance of being important to the long term health of the woman. When you are complaining about abortionists not thinking about the long term health of the woman, you are really talking about going through with the abortion. And that would be fine, if you were making an argument for why someone else should evaluate whether or not the woman should have an abortion. But someone else already does make that decision. The woman. It is not okay however, to allow your belief that women should not get abortions to cause you to advocate for the rape of women prior to their abortions, in the hope that it will dissuade them. If you advocated for forced ultrasounds, that were not transvaginal, or for the Washington law that forces Doctors to show ultrasounds to the patients if they do one for some other reason, you would still be wrong in my eyes, but at least you wouldn't be specifically advocating for a law that rapes women.
tzor wrote:Once again, if you drop the "rape" chant and actually consider whether or not the inconvenience is worth the rewards you might have a better chance for a resonable discussion.
We did that. The inconvenience of raping every woman who wants an abortion is not worth the "rewards" of possibly discouraging a very small number of abortions and traumatizing women into possibly not having more.

I but rewards in quotation marks because neither of those things are actually rewards to me, even though they are to you.

The rape "chant" where we gave you a definition of rape, and then showed how the law meets every element of that definition, is an important factor in the cost-benefit analysis. Whether or not you are raping someone by your actions should always be an important factor in any decision making process.
Last edited by Kaelik on Wed Jan 25, 2012 6:24 pm, edited 1 time in total.
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Post by virgil »

You will not change a pro-life stance until you change the fundamental assumption that a fetus/embryo is equal to an already born baby.
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Post by angelfromanotherpin »

Actually, Tzor has been presented with a pro-choice argument that accepts that assumption. A person has no right to the use of the organs or blood of another person who does not consent. Done.

It's really not about fetuses being people; it's about women not being people. Tzor's inability to connect on any of the consent-based issues raised is really telling in that regard.
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Post by virgil »

When is a baby considered a consenting adult rather than a required responsibility in the prolifer's social contract, like a doctor's responsibility to their patient?
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Post by DSMatticus »

A doctor doesn't have a responsibility to do anything for you except what the terms of his business contract with you stipulate. You have no such contract with an unborn fetus, unless you want to make the argument that sex is implicitly entering such a contract (lookie, we're back to slut-shaming, because sex is bad and women should know better), and then in rape cases people are coerced into that contract, nullifying it, but I believe Tzor is totally for forcing rape victims to carry the child to term, meaning his position can't be based on contract law at all since that would imply he thinks you can put a gun to someone's head and force them to enter into a contract with you and that contract will be held up in court.

Tzor's position is completely incoherent without the additional premise "women are less than fetuses," or "women are not capable of giving informed consent and everyone else has to do that for them," or both.
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Post by sabs »

Maybe what we need is legislation allowing women who do not want to carry the baby to term, to force the father to carry it to term!

That would be awesome.
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Post by DSMatticus »

sabs wrote:Maybe what we need is legislation allowing women who do not want to carry the baby to term, to force the father to carry it to term!
I imagine if the burden were actually fairly distributed across parents the prolife group would disappear very quickly. There's a reason single moms is a large statistical group and single dads is a statistical anomaly; it's a lot harder to dodge the bullet when the bullet is growing inside of your uterus. The fact that prolife policies punish women disproportionately for the joint choices of men and women just does not bother or register for prolifers because they have a notorious track record for hating women.
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Post by PhoneLobster »

sabs wrote:Maybe what we need is legislation allowing women who do not want to carry the baby to term, to force the father to carry it to term!

That would be awesome.
Sadly this hypothetical breaks down the moment you realize the pro-lifers will respond by screaming "Abomination against god!" and not only campaign against such legislation but against the very (hypothetical) ability of men to carry babies to term itself in isolation including when done on a purely voluntary and self interested basis even by men in heterosexual marital relationships.

What? Men carrying babies could be a good thing for families and society? Bah, pro-lifers don't give a shit and you should know that already from the abortion "debate".
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Post by tzor »

virgil wrote:You will not change a pro-life stance until you change the fundamental assumption that a fetus/embryo is equal to an already born baby.
Yea, blame that old Jefferson guy for writing that all men are created (not born) equal. But that still begs the question of "what is equal?"

The fundamental notion of the pro-choice movement is that a pre-born person has absolutey zero rights. They think that the opposite view is absolute overriding rights. I despise such binard thiking. I mich prefer rational thought where not everything is black and white.

It is always easy to compare like to like. My right to life vs your right to life. It's harder to compare completely different levels. My right to life vs your right to convenience.

Contrary to the thougths of those who want to trivilize the issue becuase they can't make a coherent argument, I do believe that women are people. I reject the either or mentality, I believe that all are created equal.

The question of abortions and rape is one of those nice issues that uses emotion in the argument. Any victim who suffered any physical trauma and violence needs help and support. Forcing her (through misinformed consent at a critical moment in her life) to undergo even more trauma through the abortion procedure (I already cited the high chance for all women who have undergone an abortion to experience some form of PTSD) is cruel and evil to that woman.
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