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LIBERTARIAN PARTY 2004 PRESIDENTIAL CANDIDATE MICHAEL BADNARIK'S POOR HANDLING OF ABORTION ISSUE

During the campaign for the nomination Michael Badnarik placed at least three different statements on abortion on his web page.  Two are below.  While the first two were rants against abortion that seemed to infer he wanted it illegal, the final one at least said the government should out of the issue.  His final campaign web pages on the abortion issue also were in line with the Libertarian Platform.  And he did finally change his position on the widely read Vote-Smart.Org from "all abortion should be illegal" to a more libertarian position. However,  his words often strayed from that path, from the day after he received the nomination when he denied on CSPAN that the party had a platform position on abortion to several interviews where he made the unproven claimed that "the party was split" or that "49% of the party believe the baby owns its own body" or mentioning "states rights" again. Several articles illustratehis meanderings on the topic.

PRE-NOMINATION STATEMENTS ON ABORTION

Position on web page as of late October 2003
http://www.badnarik.org/issues/abortion.html
Abortion
This is, without a doubt, the most hotly debated issue in the political arena. Nothing evokes a more passionate and sometimes angry discussion than the abortion issue. I do not expect to significantly influence what has already been said, however this is always one of the first questions I am asked as a candidate.

First of all, I feel it is important to avoid religious arguments when engaged in a political discussion, for the very simple reason that arguments of that type only have merit to people who share that point of view. In order to generate any type of consensus in a debate such as this, it is necessary to come up with a secular argument that allows everyone, including atheists, to agree with the conclusion.

As a strong believer in freedom of action, I used to hold a pro-choice position, arguing that the government has no authority to tell a woman what she can or can not do with her body. The government does not own the woman's body - she does. (Please read my position paper on Rights versus privileges.)

In my eight hour Constitution class I argue that a child has a right to life based on the fact that even a newborn child owns his or her own body. Eventually I realized that the child must assume ownership of that body at some point in time. Placing the assumption of ownership anywhere in the middle of the pregnancy would obviously be an arbitrary decision, and is therefore unsupportable. The only two choices remaining would be to place the assumption of ownership at the moment of birth, or at conception. If we assume that a child does not take ownership of their body until the moment of birth, we must then argue that mothers can abort the baby any time before the delivery. I do not know anyone heartless enough to seriously advance this argument. (I do not doubt that such people exist, however.)

The only logical conclusion that remains is that children assume ownership of their bodies at the time of conception. This does not completely resolve the debate because someone is sure to argue that the baby is now "trespassing" within the woman's body, and she can therefore "evict it", demanding that it live somewhere else. I'm sure this debate will continue; however I hope that this "property ownership" argument will help us to keep religion out of an already sticky subject.

Although I now hold the same position as pro-life activists, I still consider myself to be pro-choice. The only difference is that I now feel that the choice must be made BEFORE conception, and not as a backup plan after conception has already occurred.

Position on web page as of late May 2004
http://www.badnarik.org/issues/abortion.html
Abortion

Michael would like to begin by emphasizing the fact that this is a states rights issue, and should not be handled by the federal(national) government at all. He would also like to point out that at least half of the people who read this will not be happy with his answer, therefore it would be politically expedient to refuse to comment on it. He is very proud of the fact that he never makes any decisions solely because they are politically expedient. Please have the courtesy of reading his answer completely before jumping to any predetermined conclusions. Michael used to be "pro-choice" based on the presumption that a woman owns her own body. Neither government agents nor he has any authority to mandate what she does or does not do with her body. More recently Michael came to the logical conclusion that the baby must eventually claim ownership of ITS own body, as well. The abortion debate exists because of a disagreement about precisely when that happens. At this point in time, because there is no scientific consensus, Michael chooses to error in favor of the baby, and now holds that abortion is a violation of the baby's right to life. HOWEVER, Michael would NOT use government force to enforce this personal opinion, as some have chosen to assume. Michael does not claim to have the definitive answer to this perplexing problem, but most voters feel a need to know what a candidate's thought process is on many different subjects. This answer is merely an attempt to satisfy that need.



CSPAN WASHINGTON JOURNAL SNAFOO

FROM: Pro-Choice Libertarians
info@pro-choicelibertarians.net
http://pro-choicelibertarians.net

June 7, 2004

Dear Mr. Badnarik and campaign staffers:
  Members of Pro-choice Libertarians congratulate Mr. Badnarik on winning the Libertarian Party nomination. 
  We have followed the abortion issue on your web page http://badnarik.org and did note that over time you presented at least three different versions of your position on abortion on your page.  We were happy to note that the one that appeared just before the convention stated:  "...Michael would NOT use government force to enforce this personal opinion..."
    At the convention, libertarians were delighted you made the party's platform your official campaign platform; you got a hearty applause from the delegates on the floor for doing so. This decision even may have clinched for you the five votes that knocked Mr. Nolan off the ballot.
   However, we were dismayed to hear on the May 31, 2004 Washington Journal show that you *incorrectly* asserted that there "is no specific plank on abortion."  Below is the current plank named "Women's Rights and Abortion" (as reformatted and approved at last week's convention.)  Also note that seventy-five percent of delegates voted to retain this plank.
    We would be grateful if you will more carefully study the platform that you have been chosen to represent, including on the abortion issue.  The fully reformatted platform should be up soon at http://www.lp.org/issues/platform

Pro-Choice Libertarians, founded 1987
http://www.pro-choicelibertarians.net
+++++++++++++++++++++
I. Individual Rights and Civil Order
    20.Women's Rights and Abortion
(Reformatted as of May 2004)
    (The Issue):   Recognizing that abortion is a very sensitive issue and that people, including libertarians, can hold good-faith views on both sides, we believe the government should be kept out of the question. We condemn state-funded and state-mandated abortions.  It is particularly harsh to force someone who believes that abortion is murder to pay for another's abortion.
    (The Principle): We hold that individual rights should not be denied or abridged on the basis of sex. It is the right and obligation of the pregnant woman, not the state, to decide the desirability or appropriateness of prenatal testing, Caesarean births, fetal surgery, voluntary surrogacy arrangements and/or home births.
     (Libertarian Solutions):  We oppose all laws likely to impose restrictions on free choice and private property or to widen tyranny through reverse discrimination.
     (Libertarian Action/Transition): We call for repeal of all laws discriminating against women, such as protective labor laws and marriage or divorce laws which deny the full rights of men and women.

CAMPAIGN RESPONSE VIA EMAIL
June 9, 2004
This was an error.  Mr. B is politically pro choice.  This error will not happen  again...and he is sorry that he mis-spoke.
Barb Goushaw-Collins 


VOTE-SMART.ORG CHANGE
       During the campaign, typing in "Badnarik" on google.com resulted in a now defunct Vote-Smart.Org link to Michael Badnarik's positions  coming up second after the Badnarik.Org page itself.  A number of Statements clearly against the platform were corrected at the end of August, 2004 including this one: "Abortion should be illegal, with states making it illegal."  After an outcry on this organized by pro-choice libertarians Badnarik changed this to:

Abortion Policy: "Recognizing that abortion is a very sensitive issue and that people, including libertarians, can hold good-faith views on both sides, we believe the government should be kept out of the question." "We oppose government actions that either compel or prohibit abortion, sterilization, or any other forms of birth control."

Because the vote-smart.org page is no longer up, see another page drawn from the updated Vote-Smart.Org page reflecting the new position: http://selectsmart.com/president/Libertarian.html



BADNARIK'S ABORTION POSITION ON
LEAGUE OF WOMEN VOTERS WEB SITE

      I believe that the decision to abort must remain the sole province of the mother, the father, and their own consciences. It is not an issue for government intrusion. I know that a law enforcement "war on abortion" would be every bit as successful as the "war on drugs" and lead only to more misery. It disturbs me that this issue so deeply divides our country indeed, this issue is one of the few that divides my party. I hope that there will come a time when technology will resolve the problem, but until that happens, I believe that abortion must remain safe and legal. That said, I oppose using tax funds to pay for abortions, or using the power of government to force companies, through their health benefits, to pay for them either. I know that it is vital that control of this issue not be relinquished into the hands of government, because of the way that the "pendulum of power" swings back and forth between left and right. Thus, a government given the power to ban abortion can just as easily mandate abortion, as is done in other parts of the world. This issue is far too important to place control at the whim of which ever side happens to be in power at the moment.

BADNARIK'S CAMPAIGN WEB PAGE ON ABORTION

http://badnarik.org/whybadnarik/why_prolife.php
PRO-LIFE ADVOCATES

    * Streamline the adoption process—get government out of the way of the best solution to unwanted pregnancy

    * Oppose tax funding for abortion

    * Oppose federal mandates that require companies provide abortion as a health care benefit

    * Oppose government control over the abortion issue*

      * I believe that giving the government control of this issue could lead to more abortions rather than less, because the left-right pendulum of power swings back and forth. This shift could place the power to set policy in the hands of those who demand strict population control. The government that can ban abortion can just as easily mandate abortion, as is currently the case in China.

If you aren't able to make a contribution to the campaign today, help us spread the word instead! Let all of your friends, family, and co-workers know there is another choice this year.
*  *  *
http://badnarik.org/whybadnarik/why_prochoice.php
PRO-CHOICE ADVOCATES

    * Will veto any legislation restricting a woman's right to choose

    * Opposes government control over abortion

ONE BLOGGER'S VIEW
http://binarycircumstance.typepad.com/bc_blog/2004/01/michael_badnari.html
The Binary Circumstance: things either exist or they don't; what exists is true, what doesn't exist is false
A Weblog by Chip Gibbons © 2003-2004
January 15, 2004

Michael Badnarik: Libertarian Candidate for President 2004

       The Libertarian Party Candidate for President in 2004 is Michael Badnarik. (Note: he obviously did not realize this was pre-nomination.) After I read the information on his site, I think the probability that he could win any election, even dog catcher, is nonexistent even if he is kind of cute. So he could be the perfect anti-big-party "statement" candidate.
       His positions on the issues don't make a lot of sense to me. He says that the Iraqi war is unconstitutional, guns are good, the IRS is bad, gays can marry if they want and the war on drugs is a waste of money and doesn't solve the problem. So far so good.
        It's when he says abortion is a "state's rights" issue, that it all falls apart:
       Michael would like to begin by emphasizing the fact that this is a states rights issue, and should not be handled by the federal(national) government at all.
       [...]
       Michael used to be "pro-choice" based on the presumption that a woman owns her own body. Neither government agents nor he has any authority to mandate what she does or does not do with her body. More recently Michael came to the logical conclusion that the baby must eventually claim ownership of ITS own body, as well. The abortion debate exists because of a disagreement about precisely when that happens. At this point in time, because there is no scientific consensus, Michael chooses to error in favor of the baby, and now holds that abortion is a violation of the baby's right to life. HOWEVER, Michael would NOT use government force to enforce this personal opinion, as some have chosen to assume.
       When states have rights, other than those that protect individuals from the use of force, individuals lose their rights. If neither Michael nor the government should force their will upon a woman, how can it be a state's rights issue? In the context of individual liberty, it makes no difference if it's a federal government, a state government, or one tyrant that denies the individual control over his/her own body; that's just a matter of scale.
       We are not simply lacking "scientific consensus," there is no evidence that a fetus CAN claim its own life. As Murray Rothbard noted, until it can live on its own, a fetus is in a parasitic relationship with the mother. Given that she has complete control over the fetus, she must also be responsible for making decisions about it. Control and responsibility go together. I know it sounds cold, but its the only position that is consistent with the facts as we know them. Any other position requires the mind to go mystical, assuming things to be true that cannot be proven....
WORLDNETDAILY RESPONSE
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=39432
Libertarians unite to elect Badnarik: Presidential candidate to take advantage of disenchanted voters
Posted: July 14, 2004
. . .

Split on abortion

    Badnarik explained the Libertarian Party, like the general population, is split on the issue of abortion.  
    "The official Libertarian Party is pro-choice with the understanding the woman owns her own body," he explained. "However, many Libertarians believe the baby owns its own body. We can't come up with a consensus on when the baby takes ownership of his own body. "It's a question of property rights and who owns the property of this developing baby.
    Badnarik says he personally is pro-life: "Until we can come to a better consensus, I tend to err in favor of the baby." He stressed, however, that his view is at odds with the official party platform...


ARIZONA REPUBLIC INTERVIEW
http://www.azcentral.com/arizonarepublic/opinions/articles/1005badnarik04.html
Michael Badnarik, Libertarian for president

Oct. 4, 2004 12:00 AM
Editor's note: Michael Badnarik, the Libertarian Party's nominee for president, met recently with The Republic's Editorial Board. Following are excerpts from that conversation:
,,,
How does that philosophy extend to social issues such as abortion?

The Libertarian platform is that you own your own body. If you don't own your body, that means someone else does and you're a slave. It's not the government's job to tell (a woman) what she can do with her body. So our official platform plank is pro-choice. . . .

Forty-nine percent of our members believe that the baby also owns its body. It has to, at some time. It certainly owns its body after birth and there are certainly logically explanations why the baby would take ownership before birth. And that is literally the question that needs to be answered. When does the baby take ownership of the body? . . .


NEW YORK TIMES INTERVIEW
http://www.nytimes.com/2004/10/24/politics/campaign/24points.html?ex=1099637586&ei=1&en=9f8866dba9a4df92
Political Points: Secret Weapon for Bush?
October 24, 2004  By JOHN TIERNEY
............
A Nader Nibble From the Right
.....
The only issue he [Badnarik] ducked was abortion. Although the Libertarian platform supports abortion rights, he said, the party is almost evenly divided on the question. "It's not a religious issue," Mr. Badnarik explained. "It's a property-rights issue: at what point does the baby take ownership of its own body? I do not have a clear-cut answer."


A FORUM WHERE INDIVIDUALS TRY TO FIGURE OUT BADNARIK'S POSITION ON ABORTION
http://speakout.com/forum_blog.asp?Forum=Michael_Badnarik

BADNARIK'S SHIFTING VIEWS ON ABORTON AS SHOWN ON ISSUES2000 SITE
http://www.issues2000.org/2004/Michael_Badnarik_Abortion.htm
Michael Badnarik on Abortion
Libertarian Party nominee for President

No federal funding for abortions; leave it to the states
    * Indicate which principles you support regarding abortion. Abortions should always be legal. Michael Badnarik
    * Prohibit public funding of abortions and of organizations that advocate or perform abortions.
    * Badnarik says, "Streamline the adoption process-get government out of the way of the best solution to unwanted pregnancy."
    * Badnarik says, "I will veto any federal legislation on abortion - this is a state matter."
Source: National Political Awareness Test-Badnarik's update Oct 15, 2004

Banning abortion implies the government can mandate abortion
I oppose government control over the abortion issue. I believe that giving the government control of this issue could lead to more abortions rather than less, because the left-right pendulum of power swings back and forth. This shift could place the power to set policy in the hands of those who demand strict population control. The government that can ban abortion can just as easily mandate abortion, as is currently the case in China.
Source: National Political Awareness Test-Badnarik's update Oct 15, 2004

Veto any legislation restricting right to choose
    * Why should Pro-Choice support Badnarik/ Campagna?Will veto any legislation restricting a woman's right to choose
    * Opposes government control over abortion
Source: Campaign website, www.badnarik.org, "Why?" Aug 17, 2004

Oppose government control over the abortion issue
# Why should Pro-Life support Badnarik/ Campagna?Streamline the adoption process-get government out of the way of the best solution to unwanted pregnancy
# Oppose tax funding for abortion
# Oppose federal mandates that require companies provide abortion as a health care benefit
# Oppose government control over the abortion issue
Source: Campaign website, www.badnarik.org, "Why?" Aug 17, 2004

Not an issue for government intrusion
I believe that the decision to abort must remain the sole province of the mother, the father, and their own consciences. It is not an issue for government intrusion. A law enforcement "war on abortion" would be every bit as successful as the "war on drugs" and lead only to more misery. It disturbs me that this issue so deeply divides our country. I hope that there will come a time when technology will resolve the problem, but until that happens, I believe that abortion must remain safe and legal.
Source: League of Women Voters D-Net issue grid statement Aug 15, 2004

No tax funds to pay for abortions
I oppose using tax funds to pay for abortions, or using the power of government to force companies, through their health benefits, to pay for them either. I know that it is vital that control of this issue not be relinquished into the hands of government A government given the power to ban abortion can just as easily mandate abortion, as is done in other parts of the world. This issue is far too important to place control at the whim of which ever side happens to be in power at the moment.
Source: League of Women Voters D-Net issue grid statement Aug 15, 2004

Make abortion illegal but leave it to the states
    * Principles that Badnarik supports regarding abortion:Abortions should always be illegal.
    * Badnarik says, "However this is a states-rights issue that should not be determined by the federal government."
Source: 2004 Presidential National Political Awareness Test Jul 11, 2004   (The vote-smart.org test.)