Why do some people think that laws, the police, and prisons can be the solution to almost everything? Why do some people think that banning and criminalizing a problematic behavior will solve the problem and banning something will make it go away?
Sometimes such a response is the only one available.
Child abuse is an obvious example. But, even in that case, it would be better to spend money on preventing child abuse by breaking the victimization cycle than merely to imprison child abusers after the fact. We don’t want to decriminalize child abuse. Still, that doesn’t mean prison is the only answer.
Slavery is another example. It is a good thing we legally abolished slavery. But we have to be honest with ourselves by its effectiveness. There still remains a large and widespread slave trade in the world. According to some data, there are more slaves today than existed in the past. Slavery is still even occasionally discovered in the United States, typically involving those at the edge of society who are afraid of trying to escape and contact authorities.
There are other examples that are even more obvious failures.
Prohibition didn’t eliminate alcoholic consumption and alcoholism. If anything, it caused it to grow worse and added mass gang violence to the mix. Illegalizing prostitution hasn’t closed down that market. I don’t know that prostitution has increased, but I doubt it has decreased because of its illegal status. The War on Drugs is the clearest example of failure, maybe worse than Prohibition because it has lasted so much longer. Drug use and addiction is higher than it has ever been, even as more people are in prison for selling and using drugs.
On the other hand, some countries have successfully used a combination of legalization and decriminalization. Instead of sending people to prison for being addicted to drugs, they send them to drug rehabilitation. These countries probably also have better public healthcare, especially mental healthcare, than the United States has. They seek to deal with the problem at its root, and at least in some cases they’ve actually decreased drug use and addiction.
In a country like the United States, trying to ban all guns probably would be about as effective. It is better to keep such things as drugs and guns on the legal market. That way, there can be more oversight, transparency, regulation, and control.
When something is on the black market, it may be a libertarian fantasy of an unregulated market, but it rarely leads to positive results for the larger society. Drugs on the black market can be dangerous because a person doesn’t actually know what they are buying. Guns on the black market get easily sold to criminals, gangs, cartels, terrorists, etc. The trick is to make the legal market more profitable and attractive than doing business on the black market. Black markets often form when the legal market fails.
So, why do conservatives think that banning abortions will end all or most abortions? They would have a reasonable argument if that was the case. However, the data doesn’t show that abortion bans leads to a decrease and sometimes it leads to an increase, just like with drug use.
Conservatives will point to conservative states that have decreased their rate of legal abortions. That is simply because they’ve forced women’s clinics that do abortions. No one is keeping the data on how many women in those states go to other states to get abortions, how many go on the black market, and how many try to do it themselves.
Making abortions illegal does decrease the rate of legal abortions, but going by the country comparisons it appears simultaneously increases the rate of illegal abortions. This is common sense, and conservatives claim to love common sense. If conservatives actually care about saving the lives from “baby-killers”, then the last thing conservatives should want to do is push abortions onto the black market and to have women trying to give themselves abortions with coathangers. It doesn’t just likely increase the abortion rate, but also the dangers involved. Women die because of botched abortions. Sometimes, even when the woman isn’t harmed, botched abortions still lead to birth where the baby is deformed or has brain damage.
Who would argue the War on Drugs is successful because the rate of legal recreational drug use has decreased, even as the illegal recreational drug use has increased? As we now fill prisons full of non-violent drug users, are we going to start to fill prisons also with women who seek abortions?
Sweeping problems under the rug doesn’t solve the problem or make it go away.
Marmalade 