Mrs. Q’s Corner: Fetal Tissue Research And The Slippery Slope

by Frances Quaempts

[This, the latest installment of Mrs. Q’s Corner, responds to the discussion of the Trump Administration’s ban on fetal tissue research, and the issues raised in this post particularly.]

I know slippery slope arguments can be annoying, however we have seen, for example, how the years of race-baiting rhetoric that “all cops hate blacks” has led to the current madness. In that spirit I wonder, regarding this issue, just how far the commodification of unborn baby parts could go.

Once upon a time, child sacrifice in some societies was acceptable and even the rule. It would be nice to think we have evolved behaviorally to never entertain such horror, yet after seeing the way recently groups of teens and wild-eyed adults have chased and surrounded those they presume guilty of wrong-think, like jackels, could such barbarism make a comeback?

Could we justify using women to become “tissue-makers” if only they are compensated? Could we justify using the unborn for things like soda flavoring or hair products? Is that already happening? Could we jump from using the unborn to born but with defects or some other issue? Can we justify cannibalism as a means to “save the planet?” Is utilitarianism sometimes an excuse to rationalize the dehumanization of people in order to push through some grand and supposed ideal of humanity that isn’t even possible in a Star Trek episode? Will sacrificing a child or adult make the harvest plentiful when it has in the past?

The “downstream” issues that come up after supposed good ideas are well implemented can be the cause for even greater problems that generations have to deal with later. We have seen the good idea that women are equal turned into women degrading themselves in the name of a sexual revolution that mainly has benefited immature men.

We have seen how the good idea of fighting racism has led crowds to burn down the businesses of those most affected by racism. We have said the Red Scare was utterly without merit while Marxism has slowly poisoned our county using the arts, education, and media as a means for indoctrination.

Of course women should be equal, people of all races should thrive, and if someone wants to believe in some secular utopia where the proletariat magically rules the world, in this country they can. The downstream of it all is not simply the what of something or even the why, but the how. How do we avoid justifying dehumanization in the name of helping humanity? How do we use materials of any kind wisely and with respect? How do we check our unethical rationalizations so we don’t do more harm than good, no matter how utilitarian or beneficial the item or action is? Continue reading

A Response To “Comment Of The Day: ‘Ethics Escape, 8/24/2020: The Not Watching The GOP Convention Edition. Item #3, Fetal Research Ban'”

I promised a response to Chris Marschner’s provocative Comment Of The Day on Item #3 in the post, “Ethics Escape. 8/24/2020: The “Not Watching The GOP Convention” Edition. Here it is…

Chris begins,“Before I go any farther, I believe that fetal tissue is crucial to research.” That’s an excellent stipulation; I concur. Thus we agree that obtaining fetal tissue is beneficial, and an objective with positive value for society.

That leaves as the sole issue for ethical debate as whether using the source of such tissue creates such a counterbalancing negative effect that the positive effect, which has been conceded, is overcome and rendered moot.

Chris says he “can see an argument in favor of the Board’s decision to deny access to such tissues.” I can see the arguments; I wouldn’t make the arguments. I’m assuming Chris not only sees them but agrees with them to some extent. Chris goes on,

I may agree with Turley that such research use of fetal tissue does not incentivize women to have abortions. However ,I do believe it incentivizes sellers of such tissues. Such sales make a commodity of aborted fetal tissues and the of other human tissue donations; this is not some far-fetched fear. Do we want to be like China, which forcibly removes kidneys so that others can have a transplant?

I don’t think “may” is reasonable here. Professor Turley states unequivocally that women do not have abortions to harvest fetal tissue, and while it is impossible to prove a negative, there is literally no evidence that indicates this is a problem. Hospitals sell medical waste, including organs for transplant. Chris’s logict applies with equal force to all things removed from patients, who have a right to deny the medical institution from selling it or using them themselves. The patients, by law, cannot sell their tissues and organs themselves, however, and few choose to take the items home as souvenirs. Almost all the time, patients let health care providers dispose of such things as they see fit, and why wouldn’t they?

The “Coma” scenario, where doctors intentionally kill patients to harvest and profit from their organs, has been around for decades, (The Robin Cook novel was written in 1973.) It just hasn’t materialized, and in the case of fetal tissue, nobody would be killed, in the eyes of the law, if medical professionals were selling it as profit center. The argument is a straw man, a separate theoretical problem related to the issue being discussed, but not strictly relevant. In this it is like the anti-cloning debate. Opponents of cloning worry about how the technology might be abused, but that’s a downstream issue. There is nothing inherently unethical about cloning, just as there is nothing inherently unethical about using fetal tissue for research. If unethical practices emerge, you deal with them directly, not by eliminating the otherwise neutral or beneficial process that creates the opportunity for abuse.

Chris:

Imagine a society that becomes insensitive to the concept of the sanctity of life. It is not outside the realm of possibility that we could begin to allow doctors to withhold life saving but costly treatments in order hasten the demise of a potential donor.

The first sentence is irrelevant in the context of this discussion  because, via Roe v. Wade, the law of the land does not acknowledge fetuses as human life. I think Roe was and is a terrible decision; I am certain that the pro-abortion position that unborn children are like warts or parasites is intellectually dishonest and a belief made necessary by the political objective of abortion access rather than justified by reality, but that doesn’t matter. The U.S. position isn’t insensitive to the sanctity of human life because society and the culture, through the courts, have absorbed the legal fiction that fetuses are not human life. If and when that fiction is rejected—personally, I don’t foresee it happening—then the sanctity of life issue becomes relevant. As for the rest of Chris’s statement: that is happening already, thanks in part to the costs of treatment and the limits of insurance.

I won’t say that doctors pressuring a family to take a brain-dead loved one off of life support because a 17-year old woman needs a heart and lung transplant stat is unethical. It theoretically violates Kant’s Categorical Imperative, but Kant wasn’t considering brain dead patients before such patients could be kept alive. This is when Utilitarian balancing is called for. “Are we willing to let doctors or insurers make that call to take the patient off the vent so he can become a heart donor? I certainly hope not, ” Chris asks. Well, we don’t, and shouldn’t, but the input of those not emotionally involved in the decision is valuable.

Chris continues, Continue reading

Comment Of The Day: “Ethics Escape, 8/24/2020: The “Not Watching The GOP Convention” Edition.” Item #3, Fetal Research Ban

Bioethics is perhaps the most murky area of ethics of all.  I am grateful for Chris Marschner’s Comment of the Day taking on the task of making the counter-argument to yesterday’s post highlighting Professor Turley’s objections (and mine) to the Human Fetal Tissue Research Ethics Advisory Board, appointed by Health and Human Services (HHS) Secretary Alex Azar, voting to block 13 out of 14 applications for fetal tissue research. Chris makes as good a case as can be made in defense of the decisions, but I don’t think he has much to work with; as I suggested in the post, this is an uncharacteristically easy call. I’ll return at the end to explain why; in the meantime, here is Chris Marschner’s Comment Of The Day on Item #3 in the post, “Ethics Escape. 8/24/2020: The “Not Watching The GOP Convention” Edition:

Before I go any farther, I believe that fetal tissue is crucial to research. With that said, I can see an argument in favor of the Board’s decision to deny access to such tissues. [Commenter Ryan Harkins] and I may agree with Turley that such reasearch use of fetal tissue does not incentivize women to have abortions. However ,I do believe it incentivizes sellers of such tissues. Such sales make a commodity of aborted fetal tissues and the of other human tissue donations; this is not some far-fetched fear. Do we want to be like China, which forcibly removes kidneys so that others can have a transplant?

Imagine a society that becomes insensitive to the concept of the sanctity of life. It is not outside the realm of possibility that we could begin to allow doctors to withhold life saving but costly treatments in order hasten the demise of a potential donor. For example: assume we have a 28 year old MVA victim with severe head trauma. His intercranial pressure has exceeded 30 for weeks and doctors have told the family that it is unlikely that he will ever recover significantly. After 3 weeks in the ICU the medical costs have risen to about $275,000. Are we at the point that we are going to say, “Let’s stop throwing good money after bad. The guy is an organ donor and he is a match for a person in need.”  Are we willing to let doctors or insurers make that call to take the patient off the vent so he can become a heart donor? I certainly hope not. Continue reading

Update: “The Kidneys of Orlac”

He will die, not with his boots on, but with his kidneys in...

He will die, not with his boots on, but with his kidneys in…

One of the best threads Ethics Alarms has ever hosted occurred in response to the November 2013 post, “The Kidneys of Orlac,” which discussed the strange case of the Ohio death row resident who wanted to donate his organs to ill relatives. The issue generated an Ethics Quiz, a follow-up poll (“The Amityville Kidney”) involving the related issue of whether the recipient of a murderer’s organs had a right to know their creepy origin, and a terrific Comment of the Day, which was just one of the COTD-worthy submissions.

I had forgotten about the story until Mark Draughn raised it again at Windy Pundit in the context of criticizing bioethicists, one of whom had what Mark considered a particularly misbegotten argument against the transplants (I agree with Mark about that argument, but I also oppose giving condemned prisoners the privilege of donating organs to loved ones, or anyone at all.) This led me to review original post, which led me to re-read the comments.

I also discovered the resolution of the dilemma, which occurred at the end of last month. Ronald Phillips will not be allowed to donate his organs, because he wouldn’t have enough time to recover from the operation before his execution.  Ah, yes, the old “You have to be in tip-top shape before we can kill you, or it isn’t really punishment”  Catch 22! Ethics, you see, had nothing to do with the bureaucratic resolution here, just the letter of the law, rules, and bureacrats refusing to look for the best solution in an anomalous situation, rather than the one they could reach on auto-pilot. As a result, nobody made a reasoned determination about what is right, or what capital punishment really signifies, or apparently even tried. That is how so many government decisions are made, and that, my friends, is far scarier than having the kidneys of a killer.

 

Comment of the Day: “Ethics Quiz: The Kidneys of Orlac”

But first, a last act of altruism...

But first, a last act of altruism?

The presumptive winner of the annual Ethics Alarms award for “Commenter of the Year” in 2013, texagg04has delivered a Comment of the Day expanding the topic of the post regarding a condemned prisoner in Ohio who wrangled a postponement of his execution so he could donate his organs to relatives. Here is  texagg04’s  take on “Ethics Quiz: The Kidneys of Orlac.” I’ll have some comments at the end.

“First, a murderer or other capital criminal being held responsible for his or her conduct seems to be in conflict with the same individual being allowed to display charity when you say they  forfeited their freedom, all of it, with their commission of a  capital crime. I’m not so sure it should be viewed from that angle.

Punishment serves a variety of purposes. Some petty crimes receive punishment designed to compensate, as best as can be, the victim – the victim being dead, capital punishment does not serve this purpose. Some crimes are of an anti-social nature, and the apt punishment seeks to rehabilitate or reconcile the perpetrator to the community. Capital crimes are so heinous that we have determined that the perpetrator must be completely cut off from society, through their death. In this case, the punishment does nothing for the victim OR for the criminal; the punishment is designed solely for the benefit of society.

If the criminal wishes to donate his/her organs to (what we must assume is to salve their own conscience – even though we can, probably, cynically assume is just a delaying tactic), we should not care one bit. They are gaining no material benefit from the community, nor are they engaging in any direct interaction with the community – so the act of cutting them off from the community as part of the punishment is still complete. Continue reading

Ethics Quiz: The Kidneys of Orlac

Kidneys, okay, maybe...BUT NOT THE HANDS! NEVER THE HANDS!!!

Kidneys, okay, maybe…BUT NOT THE HANDS! NEVER THE HANDS!!!

One individual who may be having complicated sentiments this Thanksgiving is Ronald Phillips, who is current residing on Ohio’s death row. He was supposed to be dead by now, but was spared at the last moment when Governor John Kasich issued a stay of execution to ponder Phillips’ unusual request, which had been rejected by prison officials. Phillips, you see, is not a nice guy, as his current address might suggest. He was convicted of raping and killing the three-year-old daughter of his girl friend. (They subsequently broke up. It was him, not her.) He had experienced a change of heart, however, or rather, wished to facilitate one. His sister needs a heart transplant, and he wants his to be passed over to her after his execution by lethal injection. He also wants his kidneys donated to his mother, who is on dialysis because hers are failing, and any other parts of him that might save a life given to others.

Presumably this will not include his hands, because there are a couple of horror movies, one old one in particular, about what happens after that operation, and they are pretty scary. There are no horror films that I know of, however, about the aftermath of getting an executed murderer’s kidney.

Yet.

Gov. Kasich, who is a nice guy, has explained that as heinous as Phillips’ crime was, the state should try to accommodate his desire to save innocent lives. The tentative plan is to hollow Phillips out, execute him in July, and then harvest anything that’s left.

Have you seen that movie, by the way?

Your Ethics Alarms Ethics Quiz:

Should such a request by a condemned prisoner be granted?

I’ll play devil’s advocate here, except that the advocate for the child rapist deserves the title more than I do. I think Kasich is confused, and that Phillips or his lawyers have figured out one more way to foil the criminal justice system. Continue reading

“Grow Your Own Marrow Donor” Ethics and Consequentialism: The Ayala Family Saga

Anissa Ayala and her custom-made bone marrow donor

Once again, the fans of that ethically corrosive twin of  “the ends justifies the means,” consequentialism, were holding court in the mass media, as the “Today Show” revisited a two-decade old ethical outrage to declare that it was all perfectly fine after all…because it worked.

Thus does television, itself dominated by ethically-dim writers, producers and stars, corrupt the public. So here we go again:

Does the fact (if it indeed is a fact) that Osama bin Laden capture and execution was facilitated by torture make torture less ethically wrong?

No.

Do the fortuitous results of any action that was unethical from its inception change the nature of that conduct from unethical to ethical.

Again, no.

Is conceiving a child solely to provide donor bone marrow to her cancer-stricken older sister ethically acceptable as long as the sister’s cancer is cured?

Absolutely not!  But to listen to the “Today Show,” and revoltingly, the “Today Show’s” resident medical correspondent Dr. Nancy Snyderman, it is not only ethically acceptable but laudable. Because it worked.

Twenty years ago, Abe and Mary Ayala were desperate because Anissa, their 16-year-old daughter, had been diagnosed with leukemia. Chemotheraphy proved ineffective, and neither the Ayalas nor their son was a compatible bone marrow donor. The Ayalas had long before decided that two children were enough; Abe had a vasectomy. But then Mary came up with the idea of having another child in the hopes that it would be a bone marrow donor who could save Anissa’s life. Continue reading