Does Sally Markowitz ’ s Gender Based Defence of Abortion Guarantee
Reproductive Justice ?
Megan Beech ( PhD in Philosophy , Keele University )
Abstract
With the recent attempts to overturn Roe v . Wade in the USA , it is more important than ever to pay attention to the discourse surrounding reproductive justice . From questioning the personhood of the foetus to the rights of gestating women , the abortion debate stands at the forefront of the discussion . This article will focus on Sally Markowitz ’ s Gender Based Defence , which posits a different approach . Markowitz ’ s Gender Based defence has two principles : the Impermissible Sacrifice Principle and the Feminist Proviso . The two together essentially state that oppressed groups should not be forced to make decisions that perpetuate their oppression . For women - an oppressed group - this includes carrying an unwanted pregnancy to term . On the surface , the Gender Based Defence seems to be a welcome and revolutionary contribution ; a new beginning . After analysing Markowitz ’ s argument with reproductive justice in mind , however , I will uncover that it is not as progressive as it appears . Markowitz ’ s focus on women ultimately excludes transmen , non-binary and genderfluid individuals despite their ability to bear children . Transmen , non-binary and genderfluid individuals , therefore , would not be guaranteed an abortion , despite the discrimination they may face , thus compromising their right to reproductive justice . Even with modifications to both principles , there are still problems for the Gender Based Defence . It appears there is more work to be done to find an
28