Moral and legal rights are not identical, and some Catholics certainly do hold such a position, but to do so is logically inconsistent. One, ostensibly, holds that women do not have the moral right to have an abortion because it is murder (intentional, unjustified killing).
If abortion is murder and abortion is legal, then one should believe that abortion should be illegal. The opposite position (If abortion is murder and abortion is legal, then one should believe that abortion should remain legal.) can only be held if one is willing to hold the analogous position: If murder were legal, then one should believe that murder should stay legal. But that is nonsensical.
I think your argument here is being formulated at a level of abstraction that is different from that of the Catholic who, more pragmatically, is making the distinction between what is morally wrong and what is
practicable to be legally prohibited.
Obviously, there are a great many things that are considered morally wrong, that are not practicable to make illegal. Making suicide illegal would be one such example; another would be to make adultery illegal (at least, not in a society that did not resemble a police state). Making masturbation illegal would be even more quixotic, and probably would require in-house video surveillance, if there were a true zeal to enforce it (“Big Brother is watching”).
If one believes that abortion is murder but that it is not practicable to legally prohibit it, one is obviously making a pragmatic argument. Your argument, on the other hand, is abstract and* a priori * – if abortion as a form of murder is legal, then
all forms of murder would have to be legal,
logically speaking. You are speaking from an abstract moral principle – and from logical consistency – but the pragmatic argument focuses on context and circumstance, as it interfaces with these abstract moral principles.
Again, suicide is murder (murder of self) – yet it is not practicable to render a suicide attempt a felony. Just so, with abortion, there are practical and circumstantial differences that inhibit making its illegal such a simple matter. Foremost among them is the question, “how can you mandate that a woman remain pregnant and give birth, if she does not want to be pregnant?” How can you enforce that, make it work? If she is caught trying to have an abortion, do you put her in a detention center, under 24 hour surveillance – the equivalent of a suicide watch?
If she succeeds in performing an abortion on herself, do you charge her with first degree murder, which can carry the penalty of life in prison?
In the name of logical consistency – if logical consistency were the only consideration – it would be inconsistent for abortion to be considered murder, to be illegal, and yet not be treated, in its illegality, in the
exact same way, as regards penalties and formal charges in comparison with other forms of first degree murder.
Yet no one dares talk about life in prison for a woman who has performed an abortion on herself, whereas a woman who would take the life of an infant or a toddler
could face life in prison.
The point is that the distinction between what is considered moral, and what is considered legal, is not a simple matter of the logical consistency of moral or legal principles. There is also context – concrete, circumstantial differences, as well as issues of enforceability – both in terms of how to enforce its being illegal in the first place, and how to penalize those who do commit this illegal act.
I hear a lot of talk about principles in the abortion debate – which is not inappropriate – but not enough about practical
enforcement, how it is going to work. Will a woman who performs an abortion on herself be considered a felon? If the proposal is to make her a felon, why isn’t this being spoken about more openly? And if abortion is murder, how can a woman who performs an abortion on herself
not be considered a felon?
Or is it the doctors who are the felons…
except in cases where the abortion is self-performed, as it is more likely to be
precisely in cases where abortion is criminalized?
An issue like abortion cannot fruitfully be discussed, I think, solely in terms of a priori morality, or logical consistency (politics, alas, is not pure philosophy). Pragmatic questions, questions of enforceability, and of penalty, would also have to be discussed openly.