If you are suggesting that double effect does not apply in this situation, I would encourage you to make your case…
First, to stress again, theologians have made the argument you are presenting, that CCC 2263 is relevant, but the Church has
expressly rejected that argument. See the *doctrinal notes *I provided. It doesn’t matter if you invoke St. Augustine. Just War does not occur in the womb!
This is critically important because if we accept that a fetus can, in fact, be an unjust aggressor, then direct abortion would be licit. Some people believe that it is, but I am a Catholic, under an Oath of Fealty no less. For me, direct abortion is ALWAYS a grave moral disorder. This teaching is not only supported by the Patoral Constiution of the Church, it is held to be infallible by the universal agreement of the Magisterium.
You can certainly disagree with Rome. No one can disregard the certainty of his or her moral conscience (CCC 1790). But in this matter, I can only give the Mother Church my complete obedience and support.
As to the question above, to understand why some theologians argue against common applications of double effect, you have to understand that medicine has changed. When the salpingectomy/saplingostomy distinction was first argued, the woman was in a hospital, suffering from internal bleeding, and diagnosis started with exploratory surgery.
The women was clearly in mortal peril and there was at least the possibility that the section of tube being removed might not contain a fetus (even though the surgeon might suspect it was there).
Today, things are significantly different. Ectopic pregnancies can be easily detected prior to any tubal rupture or internal hermoraging (this isn’t always the case, but it often occurs). At this point internal bleeding is not even a
certain outcome. Should internal bleeding occur, we also now have plasma and antibiotics, so the mortal peril is greatly diminished for the mother.
To be clear, I’m not specifically advising anyone to endure hemoraging for their faith! Speaking as someone who has experienced massive internal bleeding in war and lived to tell the tale, there are dire health effects, like organ damage, as a consequence.
But we have to consider the criteria for double effect.
- That we do not wish the evil effects, but make all reasonable efforts to avoid them;
- That the immediate effect be good in itself;
- That the evil is not made a means to obtain the good effect; for this would be to do evil that good might come of it — a procedure never allowed;
- That the good effect be as important at least as the evil effect.
Because of earlier detection and better prognosis for hemoraging, many theologians question the 2nd and 4th criteria with regards to the salpingectomy application. Removing the fetus before rupture improves long term health outcomes for the mother, but it is pre-emptive to *possible *mortal peril, for a health effect that might not occur. Likewise, it is no longer clear that the choice is maternal life or death, it has become possible death, higher probability of serious disability, and some possibility of no adverse effect at all.
Also, because of modern imaging, no one can pretend that the section of tube being removed might not contain a fetus, we can see it is there. This raises concerns over the 3rd criteria. Physicians had asked the Vatican at the end of the 19th century if they could remove an ectopic fetus, unharmed, and let nature take it’s course. The answer in 1902 was, for the Vatican, suprisingly terse. Effectively is said “No”, and cited the papal decree of 4 May 1898.
To be clear,** I myself am making no case **(other than giving 100% agreement to the Congregation of the Doctrine of the Faith’s repeated rejection of the argument that destroying fetal life can be licit self defense). I have repeatedly referred to it as a tragic situation and opined only that everyone involved needs our prayers.
But I am pointing out that some very well regarded Catholic theologians have rejected this as double effect and their arguments are far from baseless. If you study articles in places like the NCBC you will find that modern theological arguments about ending ectopic pregnancies have become a lot more nuanced. More akin to not ending ectopic pregnancies, but intervening once they have become interrupted miscarriages.
Pax Christi