February 15, 2005
Washington State's Junk Biology Bill

The attack of the cloners has come to Washington State, in the guise of Senate Bill 5594. The bill is misleading in the extreme, purporting to ban human cloning in the State while redefining the term “cloning” later in the bill so as to give the green light to such unethical activity. This bill should be strongly opposed.

In today’s National Review Online, Wesley J. Smith aptly describes and analyzes this bill in his article “Stealth Cloning.” Smith is an author of a new book on bioethics, an operator of a new blog called Secondhand Smoke, and has testified before many state legislatures on the issue of human cloning. He describes SB 5594 as:

a thoroughly disingenuous piece of legislation that purports to outlaw the cloning of human beings, but by manipulating language and redefining terms, actually permits human cloning and gestation of the resulting cloned embryos through the ninth month.

The primary method of cloning is known as somatic cell nuclear transfer (SCNT), which (when successful) results in an asexually produced cloned embryo. If SB 5594 truly were to outlaw human cloning in Washington State, it would outlaw SCNT. Instead, the bill engages in deception by simply REDEFINING “cloning of a human being” as

asexual reproduction by implanting or attempting to implant the product of nuclear transplantation [e.g., an embryo] into a uterus or substitute for a uterus with the purpose of producing a human being.

Under SB 5594’s tortured definition, cloning only means cloning for the purpose of bringing a human being to birth. While I’m no medical expert, my legal training serves me quite well in detecting the shell game being played here. Proponents of SB 5594 hope to win by rigging the terms of the debate. Yet, when carefully read, the deceitful nature of the bill is obvious to ANY reader.

The debate over human cloning is not simply a dimension of the abortion debate. Our laws in this regard have come to recognize a zone of privacy involving a woman’s choice about what happens to her own body that a government cannot intrude upon. While good people can disagree on the matter, those privacy considerations are simply NOT present in the cloning debate, where the issue is simply this: are we going to treat human life as something that can be grown only to be destroyed and harvested as raw materials?

Proponents of human cloning want to do precisely this, turning human life into a commodity and source for experimentation unbounded by ethical constraints. But in so doing they must trample upon our understanding of human dignity and human equality—that human life is unique and important simply because it’s human.

This proposed legislation was the subject of Matt Rosenberg’s post (here) last week. Some interesting comments followed that post, including those by Timothy Goddard. Given his background in biology, one hopes he will have more to say on this subject and the bill.

SB 5594 is sponsored by Senators Kohl-Welles, Franklin, Thibaudeau and Kline, and received a hearing in the Senate Committee on Labor, Commerce, Research & Development on February 8. As of this post, no action has since been taken on the bill. I recommend you read Smith's article and contact your legislators.

By the way, Smith is a Discovery Institute Senior Fellow and will be speaking in the Seattle area on human cloning and stem cell research on February 23.

(Cross-blogged at Seth Cooper's personal blog.)

Posted by Seth Cooper at February 15, 2005 10:43 AM | Email This
Comments
1. I don't have a problem with cloning embryos. I am all for stem cell research.

But, I am really against playing tricks in legislation. After the fraud of an election in King County, I've had enough of tricks of all types.

Posted by: DeadManVoting (aka Iguana) on February 15, 2005 11:23 AM
2. Is it possible that the wording of this bill that allows for this loophole is due to ignorance the science involved, rather than some orchestrated attempt at building in a backdoor?

Posted by: Jason on February 15, 2005 11:25 AM
3. Jason, I think it is more probable that it is willful deception, rather than any lack of knowledge of the science involved.

Posted by: JG on February 15, 2005 12:14 PM
4. Do keep in mind that there is a clear difference between embryonic stem cell research (which is controversial) and adult stem cell research (which is NOT controversial).

Oh yeah, and SB 5594 actually REQUIRES that all human life created through cloning be DESTROYED. While allowing for the creation of life for the purpose of destroying and harvesting it, the bill contains a provision that serves as a de facto do not bring to full term under penalty of law clause.

So the bill purports to BAN cloning, but allows for cloning while requiring the destruction of all human life created through cloning. Is this deliberative democracy in action? It sounds more like deliberate deception. AT LEAST the proponents of cloning could call things the way they really are.

Posted by: Seth Cooper on February 15, 2005 12:29 PM
5. Meanwhile, research that uses stem cells from umbilical cords is reaping breakthroughs. However, researchers have problems getting money because the funders, like NIH, want to give money only to embryonic stem cell research. It looks like they're not interested in results (i.e., medicine that heals people), so much as the opportunity to clone humans or the excuse to abort them.

Posted by: Shannon K on February 15, 2005 01:27 PM
6. I suppose my point was, rather than march in a acuse someone of deceit and deception, which immediately puts them on the defensive and often causes the argument to shift, why not approach it with a tact such as "oh, didn't you realize that to really ban all human cloning, you'll need to specifically mention X, Y, and Z, otherwise unscrupulous folks would be able to easily walk around this fine piece of legislation you've written". Maybe it's just me, but it seems that would at least allow the authors of this bill to conform, or expose their true intent, without turning it into a confrontation that loses sight of the issues.

If their intent is to allow human cloning for the purposes of organ farming, then let them come out and say it by explaining why it is that they aren't willing to close the loopholes they created with the wording of the bill. If we accuse them of it, they can claim higher moral ground by pleading ignorance.

I'm just saying, there can be more effective ways of confronting a weasel than just coming out and yelling "weasel".

Posted by: Jason on February 15, 2005 02:46 PM
7. I think what we will see here is a rehash of "where does life begin, when does a human become a human" arguements. The answer?: science doesn't know for sure. Heck, neo- and pre- natal medicine takes leaps and bounds daily it seems, uncovering information about fetuses and saving the lives of infants born incredibly early. "Cells in a petrie dish that cure cancer" is the line will be used to sell this bill, but the language used in the bill is so ambiguous that it doesn't set *any* limits. I would rather error on the side of caution and reverence for life. Science seems more like science fiction these days and it seems appropriate that a cautionary note from a Sci-Fi book be quoted: "Your scientists were so preoccupied with whether or not they could, they didn't stop to think if they should."

Posted by: Whidbey Teacher on February 15, 2005 02:57 PM
8. I'm just saying, there can be more effective ways of confronting a weasel than just coming out and yelling "weasel".

I prefer to shoot them on sight!

This bill needs to pass for Gregoire to give her buddies 350 million for their "biotech" research which is just another name for stem cell research. She couldn't come out and say that during her campaign......she might not have been elected!

AS for creating jobs....this won't create her 20,000 jobs

instead they are going to grow babies and play GOD with them in a lab somewhere in Seattle

Posted by: sgmmac on February 16, 2005 05:41 AM
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