Abstract

Japa Pallikkathayil persuasively argues that abortion prohibitions treat impregnable people as less than equal citizens, subject to different treatment than other citizens whose bodies are protected from compulsory service for the benefit of others. Pallikkathayil's argument could be modified to avoid a tension with arguments for conscription, to stress that democratic equality is inconsistent with requisitioning a citizen's body to serve the needs of another specific citizen. Pallikkathayil also contends that ‘[t]he changes we would need to make to our other laws and practices to bring them into line with restrictive abortion laws are intuitively unattractive’. To complement her approach, I contend that consistency would require that if we subject minors to involuntary pregnancy and labor, then we should enfranchise minors. We lowered the voting age to 18 on the grounds that if military conscripts were ‘old enough to fight’, they were ‘old enough to vote’. Abortion restrictions conscript impregnable minors and subject them to involuntary bodily intrusions, major life disruptions, and responsibility over life and death decisions. Old enough to carry; old enough to vote. If that conclusion is unpalatable because minors seem too immature to vote, then perhaps they are too immature to be forced to carry a pregnancy and to give birth.