# LCMS Convention Workbook_St. Louis Missouri_2007_S385 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) THEOLOGICAL DOCUMENTS—COMMISSION ON THEOLOGY AND CHURCH RELATIONS 385 Twinning: A process by which a morula, blastocyst, or embryo divides in half to produce twins with identical genetic makeup. This normally happens at some time up to the 14th day after fertilization, before the “primitive streak” appears. Twinning does rarely happen later than 14 days and produces conjoined twins; these are popularly called “Siamese twins.” Part Two: Pre-implantation Human Life— Contrasting Lines of Reasoning The Main Question Currently in Controversy Ethicists and theologians widely agree that the most important question raised by contemporary in vitro practice and genetic tech- nology concerns the moral status of pre-implantation human life. This report concentrates on this main question, but we should not forget other questions that also deserve attention by Christian peo- ple. For example: « Apart from questions about the moral status of pre-implantation human life, is this sort of research appropriate? ¢ Who will have access to the blessings of genetic knowledge and who will be oppressed by its burdens? Can we expect that soci- ety will strive to maximize blessings and minimize banes? ¢ How should citizens, and particularly Christians, seek to influ- ence the pursuit and development of genetic science and cloning? ¢ What roles can Christian congregations and other civic organi- zations play in helping our society make responsible decisions in these matters?** The main question posed above, however, continues to be re- garded as the most important question. In the Summer 2002 issue of Health Matrix: Journal of Law—Medicine, for example, Alo Kon- sen (a JD candidate at Case Western Reserve University School of Law) writes that “we must answer just one question: what is the pre- born?” Michacl Panicola, writing in the National Catholic Bioethics Quarterly, observes that “the question of the moral status of the preimplantation embryo is one of the most controversial eth- ical and policy issues of the modern day. In a report published in 2001 by the Evangelical Lutheran Church in America (ELCA) called Human Cloning: Papers from a Church Consultation we read that “the primary moral question of stem cell research is the moral status of the pre-implantation embryo.”"*” Comprehensive governmental advisory reports for the European Union and for Canada concur that the most central issue concerns the moral status of the pre-implantation embryo. These reports also stress the tie between generally accepted IVF practices and the pro- posed new possibilities connected with stem cell research.** Some suggest that given the disagreements among thoughtful observers concerning this primary question, a moratorium should be put in place on any research that destroys pre-implantation hu- man life. A moratorium on such research, however, would not ad- dress the problems relating to in vitro fertilization clinical practice that is now widely accepted. We must do our best to examine and understand the competing arguments concerning the moral/spiritua] significance of pre-implantation human life. Scientific and Philosophical Perspectives In the following paragraphs we survey arguments concerning the moral status of pre-implantation human life. Often, those who argue that every embryo should have an opportunity to grow in the womb employ their arguments in the hopes that they can establish the truth of a moral continuity between pre-implantation human life and human life in all the later stages. But those who argue that embryos can be discarded and/or used for research often employ their arguments in a more modest hope that they can cast reasonable doubt upon claims of moral continuity. Persons on this side of the controversy tend to take for granted that the prospect of developing therapies for live-born hu- mans provides a moral imperative for research that should not be turned back if reasonable doubt can be raised about moral continuity between pre-implantation human life and later stages of human life. We will return to this very important observation in.our own con- structive argumentation in the next section. When the central question concerning the moral status of pre- implantation human life is addressed from a scientific and/or philo- sophical perspective, the opposing sides divide over ¢ how to approach questions about the moral/spiritual significance of pre-implantation human life, and what conclusions are rightly to be drawn from whatever approach is considered appropriate. The approaches divide roughly into * approaches that look for some inherent indicator of moral/spiri- tual significance, and i * approaches that look for some relationalhistorical indicator of moral/ spiritual significance. In both approaches the argument often begins with an agreement that we are asking questions about pre-implantation human life and that we typically accord full moral/spiritual status to living humans. Inherent Indicator Approaches Those who seek inherent indicators argue more or less along the following lines. Some argue that full moral/spiritual status is shown by the very words “human life.” No morally relevant distinction can be made between fertilized eggs as “human life” and live-born hu- mans. Pre-implantation human life differs in no morally relevant way from live-born human life. Consequently, all protections owed to live-born humans are owed also to pre-implantation human life. In the introduction we noted that Robert George follows this line of reasoning. Similarly, Alo Konsen writes that “human parents can only produce human offspring.”*® This line of reasoning is often put forward by those within the LCMS as they voice support for the Synod’s pro-life position. For example, Dennis Di Mauro, director of Lutherans For Life of the Mid-Atlantic States, writes that “hu- man life is simply too precious to be discarded just because it is no longer wanted.’”° Others argue that the moral/spiritual status of pre-implantation human life is mysteriously ambiguous. For example, the ELCA consultation notes that ...the ELCA statement on abortion seems to provide ambiguous guid- ance, or, according to some, inconsistent claims. It seems to make an ab- solute claim that human life at every stage has inherent value. However, the statement’s acceptance of abortion, even as a tragic option, suggests that ‘inherent value’ is not intended as an absolute claim, but rather im- plies gradations of value.*! In the ELCA collection of papers Mark J. Hanson writes that the moral status of the embryo ...1S not an issue that can be settled by science. And even within many religious and philosophical traditions, a range of positions exists. ...U]- timately, however, it is an issue destined to remain rooted in mystery. This entails that any ethical argument that rests on assumptions regard- ing the status of the embryo will be contested and uncertain.” Two essays in the report on stem cell research by the European Group on Ethics* bring home the significance of a controversial point argued by Harvard philosopher Michael Sandel. According to Sandel, “The view that the embryo is a person derives support from the Kantian assumption that everything is either a person worthy of respect or a thing open to use. It’s an all-or-nothing ethic that con- signs the rest of existence to utility and turns every moral question to a debate over the bounds of personhood.” But, says Sandel, peo- ple’s moral intuitions do not in fact conform to this all-or-nothing view. He argues that while some people insist that even a 7-day-old embryo has the same moral status as an adult human being, soci- ety’s laws and customs do not support this belief.“ What is at stake here is whether (as Sandel argues) there is a “third” position between those who ascribe complete human per- 2007 Convention Workbook