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THE WISDOM OF REPUGNANCE by Leon R. Kass  [Copyright, 1997, Leon R. Kass, M.D.  [Excerpted by permission of the author from Leon R. Kass, M.D., and James Q. Wilson, The Ethics of Human Cloning, AEI Press, 1998.]
The Perversities of Cloning

First, an important if formal objection: any attempt to clone a human being would constitute an unethical experiment upon the resulting child-to-be. As the animal experiments (frog and sheep) indicate, there are grave risks of mishaps and deformities. Moreover, because of what cloning means, one cannot presume a future cloned child's consent to be a clone, even a healthy one. Thus, ethically speaking, we cannot even get to know whether or not human cloning is feasible.

I understand, of course, the philosophical difficulty of trying to compare a life with defects against nonexistence. Several bioethicists, proud of their philosophical cleverness, use this conundrum to embarrass claims that one can injure a child in its conception, precisely because it is only thanks to that complained-of conception that the child is alive to complain. But common sense tells us that we have no reason to fear such philosophisms. For we surely know that people can harm and even maim children in the very act of conceiving them, say, by paternal transmission of the aids virus, maternal transmission of heroin dependence or, arguably, even by bringing them into being as bastards or with no capacity or willingness to look after them properly. And we believe that to do this intentionally, or even negligently, is inexcusable and clearly unethical.

Scientists who clone animals make it perfectly clear that they are engaged in instrumental making; the animals are, from the start,designed as means to serve rational human purposes. In human cloning, scientists and prospective The objection about the impossibility of presuming consent may even go beyond the obvious and sufficient point that a clonant, were he subsequently to be asked, could rightly resent having been made a clone. At issue are not just benefits and harms, but doubts about the very independence needed to give proper (even retroactive) consent, that is, not just the capacity to choose but the disposition and ability to choose freely and well. It is not at all clear to what extent a clone will truly be a moral agent. For, as we shall see, in the very fact of cloning, and of rearing him as a clone, his makers subvert the cloned child's independence, beginning with that aspect that comes from knowing that one was an unbidden surprise, a gift, to the world, rather than the designed result of someone's artful project.

Cloning creates serious issues of identity and individuality. The cloned person may experience concerns about his distinctive identity not only because he will be in genotype and appearance identical to another human being, but, in this case, because he may also be twin to the person who is his "father" or "mother"--if one can still call them that. What would be the psychic burdens of being the "child" or "parent" of your twin? The cloned individual, moreover, will be saddled with a genotype that has already lived. He will not be fully a surprise to the world. People are likely always to compare his performances in life with that of his alter ego. True, his nurture and his circumstance in life will be different; genotype is not exactly destiny. Still, one must also expect parental and other efforts to shape this new life after the original--or at least to view the child with the original version always firmly in mind. Why else did they clone from the star basketball player, mathematician and beauty queen--or even dear old dad-- in the first place?

Since the birth of Dolly, there has been a fair amount of doublespeak on this matter of genetic identity. Experts have rushed in to reassure the public that the clone would in no way be the same person, or have any confusions about his or her identity: as previously noted, they are pleased to point out that the clone of Mel Gibson would not be Mel Gibson. Fair enough. But one is shortchanging the truth by emphasizing the additional importance of the intrauterine environment, rearing and social setting: genotype obviously matters plenty. That, after all, is the only reason to clone, whether human beings or sheep. The odds that clones of Wilt Chamberlain will play in the NBA are, I submit, infinitely greater than they are for clones of Robert Reich.

Curiously, this conclusion is supported, inadvertently, by the one ethical sticking point insisted on by friends of cloning: no cloning without the donor's consent. Though an orthodox liberal objection, it is in fact quite puzzling when it comes from people (such as Ruth Macklin) who also insist that genotype is not identity or individuality, and who deny that a child could reasonably complain about being made a genetic copy. If the clone of Mel Gibson would not be Mel Gibson, why should Mel Gibson have grounds to object that someone had been made his clone? We already allow researchers to use blood and tissue samples for research purposes of no benefit to their sources: my falling hair, my expectorations, my urine and even my biopsied tissues are "not me" and not mine. Courts have held that the profit gained from uses to which scientists put my discarded tissues do not legally belong to me. Why, then, no cloning without consent--including, I assume, no cloning from the body of someone who just died? What harm is done the donor, if genotype is "not me"? Truth to tell, the only powerful justification for objecting is that genotype really does have something to do with identity, and everybody knows it. If not, on what basis could Michael Jordan object that someone cloned "him," say, from cells taken from a "lost" scraped-off piece of his skin? The insistence on donor consent unwittingly reveals the problem of identity in all cloning.

Genetic distinctiveness not only symbolizes the uniqueness of each human life and the independence of its parents that each human child rightfully attains. It can also be an important support for living a worthy and dignified life. Such arguments apply with great force to any large-scale replication of human individuals. But they are sufficient, in my view, to rebut even the first attempts to clone a human being. One must never forget that these are human beings upon whom our eugenic or merely playful fantasies are to be enacted.

Troubled psychic identity (distinctiveness), based on all-too-evident genetic identity (sameness), will be made much worse by the utter confusion of social identity and kinship ties. For, as already noted, cloning radically confounds lineage and social relations, for "offspring" as for "parents." As bioethicist James Nelson has pointed out, a female child cloned from her "mother" might develop a desire for a relationship to her "father," and might understandably seek out the father of her "mother," who is after all also her biological twin sister. Would "grandpa," who thought his paternal duties concluded, be pleased to discover that the clonant looked to him for paternal attention and support?

Social identity and social ties of relationship and responsibility are widely connected to, and supported by, biological kinship. Social taboos on incest (and adultery) everywhere serve to keep clear who is related to whom (and especially which child belongs to which parents), as well as to avoid confounding the social identity of parent-and-child (or brother-and-sister) with the social identity of lovers, spouses and co-parents. True, social identity is altered by adoption (but as a matter of the best interest of already living children: we do not deliberately produce children for adoption) . True, artificial insemination and in vitro fertilization with donor sperm, or whole embryo donation, are in some way forms of "prenatal adoption"--a not altogether unproblematic practice. Even here, though, there is in each case (as in all sexual reproduction) a known male source of sperm and a known single female source of egg--a genetic father and a genetic mother--should anyone care to know (as adopted children often do) who is genetically related to whom.

In the case of cloning, however, there is but one "parent." The usually sad situation of the "single-parent child" is here deliberately planned, and with a vengeance. In the case of self-cloning, the "offspring" is, in addition, one's twin; and so the dreaded result of incest--to be parent to one's sibling--is here brought about deliberately, albeit without any act of coitus. Moreover, all other relationships will be confounded. What will father, grandfather, aunt, cousin, sister mean? Who will bear what ties and what burdens? What sort of social identity will someone have with one whole side--" father's" or "mother's"--necessarily excluded? It is no answer to say that our society, with its high incidence of divorce, remarriage, adoption, extramarital childbearing and the rest, already confounds lineage and confuses kinship and responsibility for children (and everyone else), unless one also wants to argue that this is, for children, a preferable state of affairs.

Human cloning would also represent a giant step toward turning begetting into making, procreation into manufacture (literally, something "handmade"), a process already begun with in vitro fertilization and genetic testing of embryos. With cloning, not only is the process in hand, but the total genetic blueprint of the cloned individual is selected and determined by the human artisans. To be sure, subsequent development will take place according to natural processes; and the resulting children will still be recognizably human. But we here would be taking a major step into making man himself simply another one of the man-made things. Human nature becomes merely the last part of nature to succumb to the technological project, which turns all of nature into raw material at human disposal, to be homogenized by our rationalized technique according to the subjective prejudices of the day.

How does begetting differ from making? In natural procreation, human beings come together, complementarily male and female, to give existence to another being who is formed, exactly as we were, by what we are: living, hence perishable, hence aspiringly erotic, human beings. In clonal reproduction, by contrast, and in the more advanced forms of manufacture to which it leads, we give existence to a being not by what we are but by what we intend and design. As with any product of our making, no matter how excellent, the artificer stands above it, not as an equal but as a superior, transcending it by his will and creative prowess. Scientists who clone animals make it perfectly clear that they are engaged in instrumental making; the animals are, from the start, designed as means to serve rational human purposes. In human cloning, scientists and prospective "parents" would be adopting the same technocratic mentality to human children: human children would be their artifacts.

Such an arrangement is profoundly dehumanizing, no matter how good the product. Mass-scale cloning of the same individual makes the point vividly; but the violation of human equality, freedom and dignity are present even in a single planned clone. And procreation dehumanized into manufacture is further degraded by commodification, a virtually inescapable result of allowing babymaking to proceed under the banner of commerce. Genetic and reproductive biotechnology companies are already growth industries, but they will go into commercial orbit once the Human Genome Project nears completion. Supply will create enormous demand. Even before the capacity for human cloning arrives, established companies will have invested in the harvesting of eggs from ovaries obtained at autopsy or through ovarian surgery, practiced embryonic genetic alteration, and initiated the stockpiling of prospective donor tissues. Through the rental of surrogate-womb services, and through the buying and selling of tissues and embryos, priced according to the merit of the donor, the commodification of nascent human life will be unstoppable.

Finally, and perhaps most important, the practice of human cloning by nuclear transfer--like other anticipated forms of genetic engineering of the next generation--would enshrine and aggravate a profound and mischievous misunderstanding of the meaning of having children and of the parent-child relationship. When a couple now chooses to procreate, the partners are saying yes to the emergence of new life in its novelty, saying yes not only to having a child but also, tacitly, to having whatever child this child turns out to be. In accepting our finitude and opening ourselves to our replacement, we are tacitly confessing the limits of our control. In this ubiquitous way of nature, embracing the future by procreating means precisely that we are relinquishing our grip, in the very activity of taking up our own share in what we hope will be the immortality of human life and the human species. This means that our children are not our children: they are not our property, not our possessions. Neither are they supposed to live our lives for us, or anyone else's life but their own. To be sure, we seek to guide them on their way, imparting to them not just life but nurturing, love, and a way of life; to be sure, they bear our hopes that they will live fine and flourishing lives, enabling us in small measure to transcend our own limitations. Still, their genetic distinctiveness and independence are the natural foreshadowing of the deep truth that they have their own and never-before-enacted life to live. They are sprung from a past, but they take an uncharted course into the future.

Much harm is already done by parents who try to live vicariously through their children. Children are sometimes compelled to fulfill the broken dreams of unhappy parents; John Doe Jr. or the III is under the burden of having to live up to his forebear's name. Still, if most parents have hopes for their children, cloning parents will have expectations. In cloning, such overbearing parents take at the start a decisive step which contradicts the entire meaning of the open and forward-looking nature of parent-child relations. The child is given a genotype that has already lived, with full expectation that this blueprint of a past life ought to be controlling of the life that is to come. Cloning is inherently despotic, for it seeks to make one's children (or someone else's children) after one's own image (or an image of one's choosing) and their future according to one's will. In some cases, the despotism may be mild and benevolent. In other cases, it will be mischievous and downright tyrannical. But despotism--the control of another through one's will--it inevitably will be.
Meeting Some Objections

The defenders of cloning, of course, are not wittingly friends of despotism. Indeed, they regard themselves mainly as friends of freedom: the freedom of individuals to reproduce, the freedom of scientists and inventors to discover and devise and to foster "progress" in genetic knowledge and technique. They want large-scale cloning only for animals, but they wish to preserve cloning as a human option for exercising our "right to reproduce"--our right to have children, and children with "desirable genes." As law professor John Robertson points out, under our "right to reproduce" we already practice early forms of unnatural, artificial and extramarital reproduction, and we already practice early forms of eugenic choice. For this reason, he argues, cloning is no big deal.

We have here a perfect example of the logic of the slippery slope, and the slippery way in which it already works in this area. Only a few years ago, slippery slope arguments were used to oppose artificial insemination and in vitro fertilization using unrelated sperm donors. Principles used to justify these practices, it was said, will be used to justify more artificial and more eugenic practices, including cloning. Not so, the defenders retorted, since we can make the necessary distinctions. And now, without even a gesture at making the necessary distinctions, the continuity of practice is held by itself to be justificatory.

The principle of reproductive freedom as currently enunciated by the proponents of cloning logically embraces the ethical acceptability of sliding down the entire rest of the slope--to producing children ectogenetically from sperm to term (should it become feasible) and to producing children whose entire genetic makeup will be the product of parental eugenic planning and choice. If reproductive freedom means the right to have a child of one's own choosing, by whatever means, it knows and accepts no limits.

But, far from being legitimated by a "right to reproduce," the emergence of techniques of assisted reproduction and genetic engineering should compel us to reconsider the meaning and limits of such a putative right. In truth, a " right to reproduce" has always been a peculiar and problematic notion. Rights generally belong to individuals, but this is a right which (before cloning) no one can exercise alone. Does the right then inhere only in couples? Only in married couples? Is it a (woman's) right to carry or deliver or a right (of one or more parents) to nurture and rear? Is it a right to have your own biological child? Is it a right only to attempt reproduction, or a right also to succeed? Is it a right to acquire the baby of one's choice?

The assertion of a negative "right to reproduce" certainly makes sense when it claims protection against state interference with procreative liberty, say, through a program of compulsory sterilization. But surely it cannot be the basis of a tort claim against nature, to be made good by technology, should free efforts at natural procreation fail. Some insist that the right to reproduce embraces also the right against state interference with the free use of all technological means to obtain a child. Yet such a position cannot be sustained: for reasons having to do with the means employed, any community may rightfully prohibit surrogate pregnancy, or polygamy, or the sale of babies to infertile couples, without violating anyone's basic human "right to reproduce." When the exercise of a previously innocuous freedom now involves or impinges on troublesome practices that the original freedom never was intended to reach, the general presumption of liberty needs to be reconsidered.

We do indeed already practice negative eugenic selection, through genetic screening and prenatal diagnosis. Yet our practices are governed by a norm of health. We seek to prevent the birth of children who suffer from known (serious) genetic diseases. When and if gene therapy becomes possible, such diseases could then be treated, in utero or even before implantation--I have no ethical objection in principle to such a practice (though I have some practical worries), precisely because it serves the medical goal of healing existing individuals. But therapy, to be therapy, implies not only an existing "patient." It also implies a norm of health. In this respect, even germline gene "therapy," though practiced not on a human being but on egg and sperm, is less radical than cloning, which is in no way therapeutic. But once one blurs the distinction between health promotion and genetic enhancement, between so-called negative and positive eugenics, one opens the door to all future eugenic designs. "To make sure that a child will be healthy and have good chances in life": this is Robertson's principle, and owing to its latter clause it is an utterly elastic principle, with no boundaries. Being over eight feet tall will likely produce some very good chances in life, and so will having the looks of Marilyn Monroe, and so will a genius-level intelligence.

Proponents want us to believe that there are legitimate uses of cloning that can be distinguished from illegitimate uses, but by their own principles no such limits can be found. (Nor could any such limits be enforced in practice.) Reproductive freedom, as they understand it, is governed solely by the subjective wishes of the parents-to-be (plus the avoidance of bodily harm to the child). The sentimentally appealing case of the childless married couple is, on these grounds, indistinguishable from the case of an individual (married or not) who would like to clone someone famous or talented, living or dead. Further, the principle here endorsed justifies not only cloning but, indeed, all future artificial attempts to create (manufacture) "perfect" babies.

A concrete example will show how, in practice no less than in principle, the so-called innocent case will merge with, or even turn into, the more troubling ones. In practice, the eager parents-to-be will necessarily be subject to the tyranny of expertise. Consider an infertile married couple, she lacking eggs or he lacking sperm, that wants a child of their (genetic) own, and propose to clone either husband or wife. The scientist-physician (who is also co-owner of the cloning company) points out the likely difficulties--a cloned child is not really their (genetic) child, but the child of only one of them; this imbalance may produce strains on the marriage; the child might suffer identity confusion; there is a risk of perpetuating the cause of sterility; and so on--and he also points out the advantages of choosing a donor nucleus. Far better than a child of their own would be a child of their own choosing. Touting his own expertise in selecting healthy and talented donors, the doctor presents the couple with his latest catalog containing the pictures, the health records and the accomplishments of his stable of cloning donors, samples of whose tissues are in his deep freeze. Why not, dearly beloved, a more perfect baby?

The "perfect baby," of course, is the project not of the infertility doctors, but of the eugenic scientists and their supporters. For them, the paramount right is not the so-called right to reproduce but what biologist Bentley Glass called, a quarter of a century ago, "the right of every child to be born with a sound physical and mental constitution, based on a sound genotype ... the inalienable right to a sound heritage." But to secure this right, and to achieve the requisite quality control over new human life, human conception and gestation will need to be brought fully into the bright light of the laboratory, beneath which it can be fertilized, nourished, pruned, weeded, watched, inspected, prodded, pinched, cajoled, injected, tested, rated, graded, approved, stamped, wrapped, sealed and delivered. There is no other way to produce the perfect baby.

Yet we are urged by proponents of cloning to forget about the science fiction scenarios of laboratory manufacture and multiple-copied clones, and to focus only on the homely cases of infertile couples exercising their reproductive rights. But why, if the single cases are so innocent, should multiplying their performance be so off-putting? (Similarly, why do others object to people making money off this practice, if the practice itself is perfectly acceptable?) When we follow the sound ethical principle of universalizing our choice--"would it be right if everyone cloned a Wilt Chamberlain (with his consent, of course)? Would it be right if everyone decided to practice asexual reproduction?"--we discover what is wrong with these seemingly innocent cases. The so-called science fiction cases make vivid the meaning of what looks to us, mistakenly, to be benign.

Though I recognize certain continuities between cloning and, say, in vitro fertilization, I believe that cloning differs in essential and important ways. Yet those who disagree should be reminded that the "continuity" argument cuts both ways. Sometimes we establish bad precedents, and discover that they were bad only when we follow their inexorable logic to places we never meant to go. Can the defenders of cloning show us today how, on their principles, we will be able to see producing babies ("perfect babies") entirely in the laboratory or exercising full control over their genotypes (including so- called enhancement) as ethically different, in any essential way, from present forms of assisted reproduction? Or are they willing to admit, despite their attachment to the principle of continuity, that the complete obliteration of "mother" or "father," the complete depersonalization of procreation, the complete manufacture of human beings and the complete genetic control of one generation over the next would be ethically problematic and essentially different from current forms of assisted reproduction? If so, where and how will they draw the line, and why? I draw it at cloning, for all the reasons given.

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