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THE SUPREME COURT'S JANUARY 22, 1973 RULING ON ABORTION | Print |
Written by Ralph Norwood   

THE SUPREME COURT RULING OF  JANUARY 22, 1973

I would like to take this ruling by the Supreme Court of January 22, 1973 and try to break it down into a form that will help us  to understand their ruling.

First,  “all state laws protecting the unborn child are unconstitutional.”  [now previous to this ruling, abortion was prohibited except in rare cases, health and life of the mother etc.]

Second,  “Legal person hood  does not exit prenatally.”

Third,  “No restriction on abortion for the first three months.”

Fourth,   “No restriction from three months to viability.”  [Viability: means capable of living on its own.]

Fifth,  “Abortion may be “proscribed.”  [prescribe: means you recommend, but proscribe means: you do not recommend] unless the doctor says it is necessary for the health of the Mother.”  [the health of the Mother may mean mental, emotional and so on.  If the Mother says she is being mentally disturbed through the pregnancy or it is hurting the health of the Mother, then she is legally able to abort the child or life.]

I am sure there are more details to this ruling but you have the general ruling and the general contents of the ruling....so that you as a believer can be informed  of this decision.  With this ruling in mind, it is our endeavor now to turn to the FINAL AUTHORITY, the Word of God, that which will live and abide forever to see what God says about life, the embryo, fetus, whatever your terminology might be.  I will not try to force anything on you, but allow His Word to be the instructor.  It will be of UTMOST IMPORTANCE that you take the Bible and turn to the texts as we read them.  I will at times use the NIV for more clarity of the text.  

FOUR MAJOR VIEWS ON THE FETUS

I will use the word “fetus” although I am somewhat hesitant in using this particular word.  If you are studying with us, you will notice real soon that Biblically there is NO SPECIAL terminology by God for the child in the womb.  He does not call the child in the womb by “embryo” or “fetus” but actually addresses them as real persons.  God addresses the child in the womb like He would address the child who was right in front of us.  Here  is basically  the four major views on Fetus:

LIFE BEGINS AT CONCEPTION.   [As I have been studying these verses, this is the position that I take from the Word of God]

LIFE BEGINS AT BREATH:  [this is the position that is taken by many Bible believing Christians.  It was the position that I held before studying these verses]

 

LIFE BEGINS WHEN THE CHILD CAN FUNCTION ON ITS OWN:  [ in other words when the child or the fetus can live outside of the womb]

PRO ABORTION VIEWPOINT:  [this group does not concern itself about when life begins and they really do not develop this...I would say that most of this group do not believe that life begins at conception.  The emphasis of this group is not on the unborn child but on the RIGHTS OF THE MOTHER.  The woman and her rights is the issue with this group, not the baby, the embryo, the fetus.]

PSALM 139:1-18

Two Parts of this Psalm 

1. 1-12 deals with the CHARACTER OF GOD.

a. first, His OMNISCIENCE  [He knows all things]  1-6

b. second, HIS OMNIPRESENCE.[He is everywhere]   7-12

2. 13-18 deals with the CREATION OF GOD.

Commentary on The Character and Creation of God

A . HIS OMNISCIENCE:  1-6  [two things about God from these verses]

a. First, The God who knows everything is KNOWABLE...you can actually know Him personally.  1-5

b. Second, The God who is knowable is also INCOMPREHENSIBLE  v. 6

a. It is very important to note that the Bible teaches that HE IS KNOWABLE PERSONALLY and yet He is also UNKNOWABLE or INCOMPREHENSIBLE. You will never completely know Him.  [both are taught here]  He is Inexhaustible.  This is why we will live in eternity for millions of years and still not be able to exhaust all there is to know about Him. 

1. Four Aspects of His Incomprehensible nature.

a. Psa 145:3...”His greatness is unsearchable.”  [man will never learn the fullness of His greatness....we can probe forever but never come to the end of His greatness. 

b. Isa. 40:28..”there is no searching of His understanding.”  [you will never know the end of His understanding....never, never]

c. Job 5:9...”the works of God are unsearchable.”

d. Job 9:1O..”His works past finding out.”  [You will never comprehend His works]

2. Specifics About How deeply God probes and knows.  2-5

a. “He knows my down sitting.”  v. 2  [He knows as much about us when we are sleeping as when we are active.  God even knows when we lie down to take a nap.]

b. He knows my uprising.”  [this is my ACTIVITY]  GOD KNOWS OUR EVERY MOVE.

 

c. “thoughts afar off.”  v. 2  [He knows our thoughts before we even formulate them.  The phrase “afar off” are the thoughts not yet even formulated...thoughts before they are thought] GOD KNOWS OUR EVERY THOUGHT

 

d. “thou compasseth my path.”  v. 3  [this means He knows every DETAIL of life.  The word “compass” means to winnow grain or sift grain...He knows every single detail of my life. GOD KNOWS OUR EVERY HABIT.

 

e. “He knows words before spoken.”  v. 4  [the thought has not even been thought and the word not even spoken....and YET HE KNOWS IT. How do you like this for knowing. He knows what you are thinking before you think it]  GOD  KNOWS OUR EVERY WORD.

 

f. v. 5...We never have a private moment.  {He is behind, before and has His hand on us]   GOD KNOWS OUR VERY DESTINY.

a. This was nearly too much for David for notice v. 6...”too wonderful for me.”  Remember, all of this is leading up to the conception of a little baby....this is just something to “warm your hands” as it relates to His knowledge.  When we get to the conception of life, you will really come to grips with HIS KNOWLEDGE.

B. HIS OMNIPRESENCE   139:7-12 [define: It is the entire being of God present everywhere...and at all times.  It is the relationship of God to space...He is everywhere.]

1. The Question is Asked:  [v.7]  

a. This does not express a wish or desire on the part of David.  He was not trying as Adam to get away from God.  The question does not flow from guilt, but rather from awe and reverence. In v. 8, you have TWO EXTREMES....go as high as you can go and He is still there and go as low as you can go and He is still there.  YOU CANNOT GET AWAY FROM GOD. 

2. The Answer is Given:  

a. God is everywhere up and everywhere down.  Listen, God is as much present with us in death [hell] as in life.  The mention of heaven and Sheol are indication of the places of extremes.   God is even everywhere EAST and is everywhere WEST.  Here you have the HORIZONTAL APPROACH to getting away......”east and west God is there.” The TURN OUT THE LIGHTS approach will not allow you escape from God. [v.11]  How about v. 12 where it says that “darkness and light are both alike to Him.”  [God never needs “night goggles” to see]

THE UNBORN REVEALS THE WORK OF GOD 13-18

A.GOD IS THE CREATOR OF THE FETUS:   v. 13

1. “for.” [v.13] This one little word ties back to all that has gone before.  Thus, David is about to show that the supreme illustration of the omniscience and omnipresence of God is in the fetus or embryo or life of the unborn. Remember what the writer is trying to do. He is now going to show how the OMNISCIENCE and the OMNIPRESENCE of God is manifested during pregnancy.  The unborn fetus will now be used to express His omniscience and omnipresence. I think we start right off with an solemn lesson.  What kind of respect should we have for that which demonstrates the omnipresence and the omniscience of God?? 

2. “Thou didst form.”  v. 13

a. note how God through the use of “thou” is placed in the primary place in the text. There is no mention of anyone else or any other power.  It states emphatically, “Thou.” We learn at the very outset that GOD IS PERSONALLY INVOLVED WITH THE UNBORN CHILD.  

b. “didst form.”  comes from a word whose usual meaning is to ORIGINATE something and thus OWN it.  lesson:  God forms the unborn child in the womb of the mother and therefore owns it.  THE UNBORN CHILD IN THE WOMB OF THE MOTHER IS THE PROPERTY OF GOD.  In one sense, it neither belongs to the mother or the father.  “Didst form” is a HEAVY SOVEREIGNTY WORD.

1. go to Gen 14:19,22 where the Lord is called the “God Most High, possessor of heaven and earth.”  [the little word “possessor” is the word “didst form.”  The idea is that of CREATOR therefore OWNER.  Ownership always flows from creator ship.  He owns because He created.

3. “my inward parts or reigns.” v. 13  They tell us that “my inward parts” literally means “kidneys.”  The kidneys were referred to as the most sensitive part of a man in the Old Testment.  It was used for the SEAT OF EMOTION.  We look at the heart as the seat of emotions, but in the Old Testament it was the kidneys.  [note Jer 11:20 and Jer. 12:2]

B. GOD IS THE BUILDER OF THE FETUS:  v. 13

1. “you knit me together in my mother’s womb.”  v. 13  [or: “You covered me in my mothers womb.” [KJV]   Job 1O:11 uses the word for weaving in connection with the physical development of the child by saying, “clothe me with skin and flesh and knit me together with bones and sinews.” 

1. Why Did the Holy Spirit select the figure of speech of  “Weaving?”  

a. First, when you sit down to weave, you have PURPOSE IN MIND.

b. Second, it certainly involves a PLAN.  [you do not just decide to weave with no plan in mind....God had a PURPOSE, God had a PLAN.]

c.Third, it involves a deliberate  DEVELOPMENT....for a person does not sit down to weave in some “random” manner...you move from one thing to another in a deliberate manner.  

d. Fourthly, there is ORDER involved in weaving and there is also the attempt to FINISH THE PRODUCT.  

2. lesson:  When God begins with the fetus, He has something in mind, there is deliberate development, there is order, there is a desire to finish the product...It starts with an embryo the size of a pin...in two months the fetus is no much longer than inch and half and yet there are facial features.  Thus, God was concerned with us PERSONALLY before we were even self conscious...before I was aware of who I was, God was concerned.  God’s concern is also the individual mans first introduction to “common grace.”  Think of it, God was there when the embryo of Hitler was formed....and God knew all the time that this man would be the man who would instigate the killing of millions of Jews.  COMMON GRACE.  

3. Let’s make several observations.

a. GOD IS THE CREATOR OF THE FETUS.   “THOU didst form my inward parts.”

b. THE FETUS MANIFESTS THE CHARACTER OF GOD.  [The little word “for” ties in what has been said in 1-12 to v. 13-18]. The best illustration of His power and wisdom is the developing fetus.  When you see the fetus, it says two things about God.  First, HE IS WISE and secondly, HE IS POWERFUL. He is wise in 1-6 and He is everywhere in 7-12 and then he illustrates both qualities in v. 13-18.

c. GOD IS PERSONALLY INVOLVED IN THE FETUS.  “For thou hast formed my inward parts.” [v.13] The little phrase “for Thou” is personal involvement.

d. GOD IS THE BUILDER OF THE FETUS.  “thou didst cover [or weave] me in my mother’s womb.” [v.13]  [weaving: indicates PURPOSE, PLAN, DELIBERATE DEVELOPMENT, ORDER, FINISHED PRODUCT]

C. DAVID BREAKS OUT INTO PRAISE.  v. 14  [David could not stand it any longer....Had he been in church, he would have broken out into praise right in middle of the service.]

1. His DETERMINATION to Praise v. 14

a. “I will give thanks to thee.”  v. 14

1. “thanks.”  [This means to ACKNOWLEDGE SOMETHING BY RECITING THE FACTS....Praise in the O. T. is always a declaration of WHO GOD IS and WHAT GOD HAS DONE.  Praise in the O. T. has some theology wrapped up in it.  It is not shaking and rolling and acting out of control and saying something stupid.]

2. The MOTIVATION for the Praise.  v. 14

a. “for I am fearfully and wonderfully made.”  v. 14

1. fearfully:   anything that excites, means to shudder.

2. wonderfully:  means THAT MAN COULD NOT DO IT....It is a phrase that gets used for something that ONLY GOD COULD DO, BEYOND HUMAN ABILITY TO ACCOMPLISH.  [this word is never used for the works of men.]   

D. GOD’S AWARENESS OF THE FETUS.  15,16 

1. Notice the Specifics of His Awareness:

a. The Care of God over the Skeletal System:  v. 15

1. “frame.”  means BONES....this is said to be made by God.

2. “when made in secret.”  [the word “secret” is talking about that which is made within the womb of the mother.]

3. “made.” talks about the fashioning of something...same as in Gen 8:6 “Noah opened the window of the ark which he had MADE.” [process is indicated here with use of the word.] and Exodus 25:1O,11 “they shall make an ark of shittim wood.”  [again, the use of the word indicates a PROCESS.]  

4. “skillfully wrought.”  [this phrase means to VARIEGATE...to diversity, to create a variety....refers to a weaver who weaves in the colors skillfully.  The same word is used in Exodus 38:23...”embroider.  IDEA IS TO WEAVE ALL THE PARTS TOGETHER. 

E. GOD’S CARE OF THE CHILD'S TOTAL DEVELOPMENT.  v. 16 

1. Note the wording here in v. 16

a. “uniformed body or substance.”  v. 16 

1.  This is used of fetus when rolled up in a ball in the womb.  God has seen the rolled up fetus.  “uniformed” comes from verb meaning to “roll up” or to “fold together.” [we all have seen the picture of the little baby in the womb...rolled up...fetal position] THUS, GOD SAW ME WHEN I WAS ROLLED UP IN THE FETUS....IS THIS NOT INTEREST ON THE PART OF JEHOVAH?

b. “in your book are all the days of my life written.”

1. Question: What is in His book? It is HIS BOOK OF FOREKNOWLEDGE..He knows all the days before they are even lived out...  He knows every day in the development of that child as it is being formed in the womb.

2. Lesson: His Plan for me did not begin then at BIRTH, but at CONCEPTION.  This is nothing but the omniscience of God in reference to the unborn child. Actually my birthday is hard to pinpoint, for my real birthday began at conception....He began to keep records on me in HIS FOREKNOWLEDGE BOOK at conception.  To God my birthday began at conception.  WOW.

F. THE PSALMIST BREAKS OUT AGAIN IN PRAISE v. 17

1. “how precious to me are your thoughts.”  

a. lesson here:  You get a real tip off on the value system of David..for WHAT A MAN HOLDS AS PRECIOUS REVEALS HIS VALUE SYSTEM.  David has broken out into open praise two times in this Psalm.  He could not contain himself.  It was not praise for a new car, new truck, new home, upgrade on refrigerator, but it was PRAISE BASED JUST ON HIM, WHO HE IS.  [It had deep theological connections] 

ADDITIONAL PASSAGES ON THE SUBJECT OF LIFE

A. GENESIS 2:7 

1. This is a verse that is sometimes used by those who believe that life begins with THE FIRST BREATH.  I have real problems using this verse to prove life at first breath, for there is no precedent for this elsewhere in the Bible.  This is the story of the FIRST MAN, not men in general....and the procedure here is different from anywhere else in the Bible.  In other words, Gen 2:7 is not HOW YOU PERSONALLY CAME TO BE IN THIS WORLD....God didn't form you of the dust of the ground.  ONLY ADAM was brought into being this way.  No other man has received his life in this manner...only ADAM.   This is what we call DIRECT CREATION.  

2. Genesis 2:7 looks at CREATION but not PROCREATION.  It looks at God making the first man, but not the other men down the line.  We were PROCREATED, but not CREATED.  I would also mention that it records something that will NEVER AGAIN BE REPEATED...Never again will God do what He did in Gen 2:7. Please remember that Adam never spent one day in the womb. HE HAD NO MOTHER.  This is why we cannot use Gen. 2:7 to give us information on how children are born and when life begins.   

B. Genesis 25:21, 22.....”children struggled within her.”  NIV puts the verse this way....”the babies jostled each other within her.”

    a. note that the words “embryo” and “fetus” are never used.  The Bible will call the embryo and fetussons within her.”  The unborn child is viewed as a LIVING PERSON.  Notice that the struggle within her was a moral struggle....thus, you have a REAL LIVE, REAL PERSON within the womb.

C. Genesis 4:1...”conceived and bare Cain.”  [notice again, it did not say a “fetus.” Note how the BIBLE TREATS THE UNBORN CHILD AS A PERSON....Here in Gen 4:1 the child delivered is treated as identical to the child conceived.  This verse is different from Gen 2:7 in that we have REPRODUCTION THROUGH SEXUAL INTERCOURSE  in Gen 4:1.  We are told that the man had relations with his wife.... There is nothing said here about “she conceived a FETUS and delivered a Cain.”  [the child delivered is treated as identical to the child conceived.]

1. conclusions to remember:

a. This is a PROCREATION VERSE...not a DIRECT CREATION verse as in Gen 2:7.

b. Here  we have reproduction through sexual intercourse....the man had relations with his wife.  

c. it does not say, “she conceived a fetus and delivered a Cain.”  [The child delivered is treated as IDENTICAL to the child conceived.  What the child is in the womb is what the child is upon delivery.  Interesting that the Pro Abortion people never call it a LIFE when they are going to kill it...but they call it a fetus.  [Latin for “little one.”] Interesting how people when thinking of aborting the baby will never call it my child, my son, but my fetus.

D. Exodus 21:22-23.

1. Background:  the setting is two men fighting...the word here for struggle is almost always a physical fight between some people.

2. Results of the Fight:  “they strike a woman.”  [here a pregnant woman is hit.]  A child is born prematurely....she gives birth, but please note that this is NOT A MISCARRIAGE...The NIV reads, “she gives birth prematurely.” [v. 22]  The little phrase in some translations which read “comes out” can be used for a perfectly normal delivery as in Jeremiah 1:5 which is same word in Hebrew and Gen 25:25, where again it is normal child bearing....and Numbers 12:12 and even Job 3:11.  All of these verses will prove the word “came forth” is used for normal delivery.  Notice how the word “fetus” or “embryo” is never used in these verses.

E. Job 3:3-16 [this is a long series of verses, but important to show that Job treats himself in the womb as a real person.]How about v. 3 where it says, “a boy is conceived.”   or v. 16 where it says, “as infants that never saw light.”  NOTE WHAT THE BIBLE CALLS EVEN A CHILD IN A MISCARRIAGE ...”infant that never saw light.” [v.16] or as the NIV reads, “Hidden in the ground like a stillborn child.”  Although the life perished before delivery....they were still called “infants.”  

F. Job 1O:18...here Job wishes he had died in the womb. NIV reads this way, “I wish I had died before any eye saw me.” Let me ask and answer a question. 

a. Question: WHAT IS THE PRE CONDITION FOR DYING?   b.Answer:  YOU CANNOT DIE UNLESS YOU WERE FIRST ALIVE.  [Here again life is strongly IMPLIED in the womb....”I wish I had died before any eye saw me.”   [ The life in the womb is treated as REAL LIFE, not a FETUS or something impersonal and without feeling.]

G. Psa. 8:2...Another place where the word for infant occurs. 

F.  Lamentations 4:4 is another use o the word for infant.  I mention this for in the Word of God the unborn are called the following:  children, infant, life, me.  The point to remember is that GOD MAKES NO DISTINCTION BETWEEN LIFE AT CONCEPTION AND LIFE DURING THE NINE MONTHS.  

H. Gen 25:22....”the children struggled together in her.”  [ here life in the womb is referred to as “children.”  [not embryo or fetus]

I. Psa 51:5....Here something is said about the unborn relative to the time of conception....NOTE WHEN THE SIN NATURE WAS PRESENT.  “in sin did my mother conceive me.”  [SIN NATURE PRESENT AT CONCEPTION]  Listen, a sin nature has to have LIFE in order to operate....Remember, the sin nature is NEVER viewed as functioning apart from a LIVING BEING.  The sin nature is ALWAYS linked to people, never to THINGS.  Again, the Bible views the unborn as A REAL PERSON....

J. Jeremiah 2O:17-18...[this is an interesting verse]  Jeremiah clearly refers to the possibility of being killed PRIOR to being born. Question: How could this occur unless Jeremiah was alive BEFORE birth?  Notice also in these verses that he is not referred to as a fetus but note the PERSONAL PRONOUNS that are used to refer to the child in the womb. [personal pronouns would not be associated with a fetus but only with a REAL PERSON]

K. Luke 1:41....Notice that the child present in the womb of Elizabeth is termed a “baby.”  Again, notice how the Bible treats the unborn child in the womb.  It is always in a PERSONAL MANNER, never with words as “fetus” or “embryo.”  I would also mention that when Mary and Elizabeth met for the first time that even the baby got excited for it says, “the babe leaped in the womb” which points to the human quality of EMOTIONS EVEN BEFORE BIRTH... Luke 1:44.  The quality of JOY is directly applied to the unborn child.  [This is heavy teaching people, but it is clear from the Word of God that A REAL LIFE, A REAL PERSON is within the womb of the mother, not a fetus or an embryo....and that this life is never said to begin at a certain period during the pregnancy, but  is THERE FROM CONCEPTION.] 

L. Conclusion:  God then says at least 6 things about the Baby in the womb. 

He calls it a BEING with a proper name in Genesis 4:1.  God gives that baby a name...Cain. 

He calls it SONS in Gen 25:22....as they struggle in the womb. 

He calls it LIFE in Exodus 21:23. 

He calls it a BOY in Job 3:3. 

He calls it an INFANT in Job 3:16. 

Luke 1:41 it is referred to as a BABY

1. There is ABSOLUTELY no special vocabulary for a child before birth....such as fetus or embryo. No SPECIAL TERMINOLOGY FOR A BABY BEFORE BIRTH... God treats them all, in all stages of development as PERSONALITIES. 

2. Lesson: In the light of how God thinks and views a life in the womb before birth,   IS IT A GOOD CHOICE TO EVEN THINK OF ABORTING A BABY?

M. There are two TERMINATIONS.

a. TERMINATION BY MAN:    [note these points]

*Termination of the life of the unborn is termed ABORTION and this is intentionally performed by man. 

*This termination is VOLUNTARY...and when a thing is voluntary, it involves CHOICES.

*And when a decision is made, it involves VOLITION, then it also involves RESPONSIBILITY for the decision made.  [which means that you are held responsible for the choice.  [God holds you responsible for your choices]

b. TERMINATION BY GOD:      [note these points]

This is INVOLUNTARY. when the life of the unborn child is terminated by God...and we speak of this as a MISCARRIAGE. 

He and only He is absolutely sovereign over CONCEPTION, GESTATION, DELIVERY, AND THE LIFE SPAN OF MAN,

THEN IS THERE ANY PROBLEM WITH HIM STOPPING THE LIFE PERIOD AT GESTATION?  God can terminate life when He chooses and for His own reasons....without any consultation with you or with me.  HE HAS NEVER MADE A MISTAKE.  The reasons for a miscarriage is God’s termination of life FOR REASONS KNOWN ONLY TO HIM....BUT ALWAYS FLOWING FROM PERFECT LOVE.  

what about deformity?  John 9 where the man was blind from birth...here the fetus did not develop properly as it relates to sight...he was born blind...and the answer to it was  that “the works of God be displayed in him.”  [HONOR AND GLORY OF GOD YET BLIND]

N. Be Careful: [as believers]  Murder is “maliciousness” on the part of an individual....and I do not think it is fair to put ALL ABORTIONS by ALL PEOPLE into the category of murder....possibly some, where the mother continues to abort that she might continue her life of sin. As we write this little study there are over a million and half abortions a year and well over half of these are by people who are not married.  Thus, we have a moral problem. The two problems that we are now legalizing from the White House down, is HOMOSEXUALITY and ABORTIONS, both of which are Biblically MORAL PROBLEMS.  The only REAL solution for that young lady walking into an abortion clinic is not to embarrass her, make her feel wicked or unclean and shout ugly things at her as she walks into the clinic.  THE ONLY SOLUTION FOR THE DOCTOR WHO PERFORMS AND THE PERSON WHO PAYS TO HAVE AN ABORTION IS A PERSONAL, LIVING RELATIONSHIP WITH JESUS CHRIST.  All other methods are merely “medicating symptoms.” Blowing up the building where the abortions are performed is merely medicating symptoms and really is stupid.  It is the same as burning pornography books without getting at the source.

O. Final Conclusion:  Abortion on Demand Violates two things.

a. IT VIOLATES MORALITY Since most of the people who have abortions are not married, then it is obvious they are not practicing Biblical morality.  Sex belongs in marriage and the Bible is quite clear on this.

b. IT VIOLATES RESPONSIBILITY:  You are the one who got pregnant and you know how you got there....and to refuse the child is to violate responsibility. I commend those who at least try to assume their responsibility by not aborting the baby, the life.  You are to be commended...in this sense.   


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