Under Construction - Issue 8 Volume 1 | Page 30

To argue Markowitz ’ s Gender Based Defence does not guarantee reproductive justice for gender minorities , I will first outline the Gender Based Defence and the two principles of the argument – the Impermissible Sacrifice Principle and the Feminist Proviso . I will then define reproductive justice which I will reference throughout , before I turn my attention to the argument . I will find that the Gender Based Defence excludes gender minorities and prevents this group from achieving reproductive justice , as the Feminist Proviso only accounts for pregnant cisgender women . I will discuss a potential revision to the use of the Feminist Proviso to avoid this issue but will discover problems remain as in doing so , we essentially ask the oppressed to choose the oppressor they most align with .
The Gender Based Defence
The purpose of the Gender Based Defence is to draw attention to the oppression of women . Markowitz herself claims that a “ feminist defence of abortion should somehow reflect an awareness of women ’ s oppression and a commitment to ending it .” 5 For us to reach true equality , access to abortion for all women is essential . It is clear , therefore , that the reason Markowitz feels abortion is necessary relies solely on addressing the power relations between men and women . She “ ties the permissibility of abortion directly to the goal of ending sexism .” 6
The Gender Based Defence is comprised of two principles . First , the Impermissible Sacrifice Principle . This aims to answer the question , “ when , if ever , can people be required to sacrifice for the sake of others ?” 7 Markowitz posits a response , not by referring back to autonomy , but instead by addressing power relations between men and women in society . The Impermissible Sacrifice Principle is as follows : “ when one social group in a society is systematically oppressed by another , it is impermissible to require the oppressed group to make sacrifices that will exacerbate or perpetuate
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