THE
ongoing pandemic of COVID has raised numerous questions
concerning the intersection between public health and Catholic faith and
practice. The inability of Catholics to obtain sacramental ministry during the COVID pandemic has been especially obvious and politically-contentious; however,
the economic, social, and psychological toll of the pandemic has also been
devastating for many.
VACCINES from
ABORTED
FETUSES
THE
question often arises whether it is permitted for Catholics to use vaccines that
have been prepared using cells from aborted fetuses. It should be noted
that the vaccines themselves do not contain any material derived from these
fetuses; rather tissue-culture made from these cells (e.g.
cell-line HEK 293) is sometimes used
in the manufacturing or testing process by the pharmaceutical industry as a growth-medium for the viruses that are used to
prepare the vaccine.
BOTH
ethical and understandable medical explanations of the use of cell lines derived
from aborted fetuses is available in an excellent article by Melissa Moschella,
PhD, cited in part as ?Tainted
Vaccines? at the link on the navigation bar.
The history of these cell lines and many of the moral principles involved are
discussed in an article by
Nicanor Austriaco,
O.P.,
(also
cited below)
THE
magisterium of the Catholic Church has definitively and consistently stated that
it is permissible to use these vaccines, even if their manufacture has been
“tainted” by using cells from aborted fetuses. The documents clarifying
this have approved by the Pontifical Academy for Life in 2005 and 2017 and by
the Congregation for the Doctrine of the Faith (2008:
Dignitatis Personae §35)
in 2008 and 2020. This was most recently reasserted and summarized by the
Pontifical Council for Life in 2020 (Vaccines
for All). The documents may be
accessed on the navigation bar to the left.
At least five of the candidate COVID-19 vaccines use one of two
human fetal cell lines:
HEK-293, a kidney cell line widely used in research and industry
that comes from a fetus aborted in about 1972;
and PER.C6, a proprietary cell line owned by Janssen, a
subsidiary of Johnson & Johnson, developed from retinal cells from an
18-week-old fetus aborted in 1985.
Both cell lines were developed in the lab of molecular biologist
Alex van der Eb at Leiden University.
[Various individuals] […] have cautioned that many of the
COVID-19 vaccines under development are unethical because they are being created
using fetal cell lines like HEK 293, thought to be derived from the kidney
tissue of a fetus aborted in 1972. While Pfizer’s and Moderna’s
vaccines—recently shown to be 90 percent and 94 percent effective,
respectively—were not made using fetal cells, they did use HEK 293 for
confirmatory lab testing. And fetal cell lines are being used in the production
of AstraZeneca/Oxford University’s vaccine—just revealed to be 90 percent
effective in preventing infection—as well as those being developed by Inovio
Pharmaceuticals and Janssen, among others.
Cell lines like HEK 293 are far
removed from the unborn child from whose tissue they were initially derived.
Such cell lines are “immortal,” meaning that, once developed, they continue to
divide and reproduce themselves indefinitely. This means that the use
of such lines does not necessarily create additional demand for new fetal
tissue.
Furthermore, the original fetal
kidney cells used to create HEK 293 underwent numerous modifications before the
cell line was successfully produced, and the line itself has since been modified
in many ways to optimize its usefulness. HEK 293 has become a staple for
biological research; its use is so ubiquitous—and so many other basic research
materials like recombinant proteins and molecular reagents have been produced
from it—that conducting research without relying on it in some form is
practically impossible.
Anyone who wants to completely avoid benefiting from the use of HEK 293 would
effectively have to eschew the use of any medical treatments or biological
knowledge developed or updated within the past forty years.
Consider also some additional
examples of ways in which we routinely benefit from past injustices. Immoral
experiments performed in Nazi Germany on concentration camp prisoners and those
in mental institutions led to the development of the antimalarial drug
chloroquine and many other medical advances.
The railroad network in the southern United States was constructed largely
through slave
labor. The acquisition of California and other southwest states was
the result of the Mexican-American War, provoked by President Polk. The list
could go on and on.
My point is not that we should
desensitize ourselves to these historical injustices, but simply to make it
clear that we live in a morally imperfect world in which it is impossible to
insulate ourselves from the fruits of such injustices.
If the use of HEK 293 or other fetal
cell lines perpetuated the injustice of abortion by creating ongoing demand for
more fetal tissue, or reflected implicit approval of that injustice, then I
believe that pro-lifers would be morally required to avoid benefiting from it.
That is why it is important to promote policies—like the one adopted in June
2019 by the Department
of Health and Human Services—that discourage the use of newly
acquired fetal tissue obtained from elective abortions and promote the
development of ethical alternatives.
But the use of historic cell lines
like HEK 293 is fundamentally different. Because these cell lines are immortal,
their continued use does not lead to a demand for more fetal tissue. Indeed, for
scientific purposes, using established, standard cell lines is actually best
because researchers understand how they behave and can easily compare their
results with those of others using the same line. Furthermore, given that the
fruits of research using these cell lines is so ubiquitous, it is unreasonable
to claim that if I voluntarily benefit from these fruits I am implicitly
approving of the abortion that made them possible.
No one thinks that using chloroquine
reflects approval of the Nazi experiments that led to its development, that
riding the train in Georgia reflects approval of slavery, or that living in
California reflects approval of the Mexican-American War. Taking a vaccine
created with the help of HEK 293 or other fetal cell lines is no different.
If a COVID-19 vaccine is developed with the use
of cell lines derived from an aborted fetus, should a citizen of conscience who
is opposed to abortion avail herself of it to protect herself and her loved ones
during this time of pandemic? Using such a medical therapy would be morally
justifiable only if its use did not contribute to future evil acts and if its
use was occasioned by a grave proportionate reason.
As
quarantines are lifted across the US and the world, many continue to ask whether
there are more permanent measures that can be taken against COVID-19. The most
important of these will be a vaccine. Dozens of COVID-19 vaccines are being
developed worldwide. These efforts involve different molecular strategies and
manufacturing processes. For example, a British research group at the University
of Oxford has engineered a chimpanzee cold virus that contains important
fragments of the SARS-CoV-2 virus that causes COVID-19. This chimpanzee cold
virus is being grown in human fetal cells. When injected into macaques, this
engineered virus acted as a vaccine, triggering an immune response that protects
these primates so that they did not develop serious disease.
In
contrast, a Chinese research group at Sinovac, Inc., has grown SARS-CoV-2 in
African green monkey cells, then killed the virus. When injected into macaques,
this inactivated virus acted as a vaccine, too, triggering an immune response
that protected the primates from future SARS-CoV-2 exposure. Both of these
promising COVID-19 vaccine candidates have entered into human clinical trials.
Though it is not clear whether both or either or neither of these vaccines will
eventually be approved for widespread human use, their distinct manufacturing
processes raise an important ethical question. Why? Because the British COVID-19
vaccine was developed using human fetal cells commonly believed to have been
obtained from an elective abortion. Many Americans are rightly concerned about
the morality of using vaccines developed from aborted fetuses. If it is
eventually approved, should a citizen of conscience who is opposed to abortion
avail herself of the British vaccine to protect herself and her loved ones
during this time of pandemic?
The
Science of Human Fetal Cell Lines
Why
do some claim that we need aborted fetal tissue for vaccines in the first place?
The answer is complex. Growing human cells in a laboratory environment is not
easy, and the earliest attempts to do so in the middle of the previous century
often ended in failure. To make their task easier, cell biologists sought to
obtain the freshest and youngest human cells they could find, which in many
cases were cells obtained from human fetal remains. Three of the most successful
human cell lines developed then—WI-38, MRC5, and HEK293—are human fetal cell
lines. WI-38 cells were derived from cells obtained from a 12-week old fetal
lung taken from an aborted fetus in the early 1960s; MRC5 cells were derived
from cells taken from the 14-week old fetal lung of an aborted fetus in 1966;
and HEK293 cells were isolated from cells taken from a fetal kidney of unknown
gestational age in 1973.
Though HEK293 is commonly believed to have been obtained from an aborted human
fetus, I received an e-mail a few months ago from Professor Frank Graham, who
established this cell line. He tells me that to the best of his knowledge, the
exact origin of the HEK293 fetal cells is unclear. They could have come from
either a spontaneous miscarriage or an elective abortion. Regardless, the
abortions that gave rise to the three cell lines—or in the possible case of
HEK293, the miscarriage—happened decades ago. The aborted fetuses are long gone,
as are the original fetal cells. There are no fetal body parts or fetal tissue
left. Only distinct, new cells derived from the original fetal cells remain.
Today these fetal-derived cells are used extensively in biomedical research—at
this time, 58,094 scientific papers have already been published that are
associated with HEK293 alone—and they were instrumental in the development of
numerous drugs and medical treatments. For example, HEK293 cells were used to
study the human dopamine receptor, and many of the antipsychotic drugs used to
treat mental illnesses like schizophrenia and bipolar disorder would not have
been discovered without them. More recently, cutting-edge CAR-T immunotherapies
that are being used to save the lives of advanced-stage cancer patients also
rely on HEK293.
The
British vaccine group at the University of Oxford used HEK293 to grow their
chimpanzee cold viruses that contain a fragment of SARS-CoV-2. Why did they use
these and not other cells? Probably because HEK293 cells are very efficient
viral factories that give rise to large numbers of viruses at any one time. I
have spoken to scientists who have tried to identify other human cell lines for
the production of specific viral tools, and no robust alternative has been
found. For culturing many of the viruses that are commonly used in
biotechnology, HEK293 are simply the best cells we have today to do this, by
far.
Moreover, HEK293 is an established cell line. What this means is that these
cells have been used and studied by biologists for nearly half a century. They
are well characterized, and they have been validated for their safety. I point
this out because it helps explain why it is unheard of for a vaccine
manufacturer to seek out new human fetal cells from a recent abortion. Such
novel fetal cells would be uncharacterized, unvalidated, and unapproved by
regulatory agencies like the U.S. Food and Drug Administration (FDA) for human
vaccine production. Why waste time, effort, and money to obtain, characterize,
and validate new human fetal cells when the classic fetal cell lines obtained
decades ago like HEK293 are readily and cheaply available? Regrettably, Chinese
scientists have recently established a novel human fetal cell line from an
elective abortion for biomedical research. This was unnecessary, especially in
light of the proven success of HEK293.
The
Ethics of Appropriation of Evil
We
live in a world where persons of virtue live with and are surrounded by persons
of vice. Often, we benefit from present and past actions of individuals and
institutions that are entangled with evil. How are we to live in such a morally
complicated world? The ethical strategy to evaluate scenarios where one finds
oneself entangled with possibly benefiting from a past evil act involves
considering whether or not this appropriation of evil is morally justifiable. An
appropriator is someone who benefits in any way from a past action of an agent,
in this case, from a past evil act.
If
the appropriator approves of the evil act, then he is culpable of evil: He is
formally appropriating the evil of the past action. The man who purchases a
stolen item, grateful that the theft happened and that he is benefiting from it,
did not himself commit burglary. However, he is still culpable of evil because
he consented to an unjust act. He therefore is an unjust man. If the
appropriator does not approve of the evil act, then he may or may not be
culpable of evil, but he is still materially appropriating the evil of the past
action. If his appropriation of the past action contributes to future evil acts,
then he is culpable of evil as well.
This could happen in two ways. First, the appropriator could make the person who
committed the past evil action think that his evil act was in fact, not evil.
This is the moral offense we call scandal. The man who purchases the stolen item
may, because of his actions, convince the burglar that theft is not evil. The
burglar steals again. Second, the appropriator could make the person who
committed the past action think that he should commit it again because he would
benefit again from the appropriator’s future actions. This is the moral offense
we call cooperation. Here, the man who purchases the stolen item may, because of
his actions, cause the burglar to believe that if he stole again, the
appropriator would reward him with another purchase. In this case as well, the
burglar steals again.
If
either of these scenarios is realized, then the appropriation of the past evil
action would not be ethically justified. In contrast, if the appropriation of
the past evil action does not contribute to future evil acts, it could be
justified for a grave proportionate reason. Why for only a grave proportionate
reason? Because a virtuous person would do whatever is reasonable to avoid any
avoidable association with evil whatsoever.
What Does All of This Mean for COVID-19 Vaccines?
Now
let’s turn to the ethical question of using COVID-19 vaccines—or anti-psychotic
drugs or cancer immunotherapies—developed with human fetal cell lines obtained
from an elective abortion. In light of the ethical framework described above, I
propose that using these medical therapies would be morally justifiable only if
their use did not contribute to future evil acts and if their use was occasioned
by a grave proportionate reason.
Recall that the appropriation of an evil act would not be justifiable if it
contributed to future evil acts because of scandal or cooperation. Therefore, a
citizen of conscience who is opposed to abortion could avail herself of the
British vaccine or any vaccine developed using fetal cells from an elective
abortion only if she avoided scandal by making her opposition to abortion
absolutely clear. For example, she should make it known that if several COVID-19
vaccines are developed with different production strategies, then she would
explicitly reject the vaccines manufactured with fetal-derived cells and opt for
the non-fetal alternatives, even if this is an inconvenience. Actions like these
make her moral convictions unambiguous in the public square.
Next, since it is unreasonable to think that vaccine manufacturers would solicit
future abortions to develop future vaccines, she could also rest assured that
she is not cooperating with evil. She is not encouraging them to engage in
future evil acts. However, I recommend that a citizen of conscience who is
opposed to abortion should consider supporting efforts to urge vaccine
manufacturers to discover non-controversial cell lines that are as good as
HEK293 for viral production. This way, she would be nudging vaccine companies
not to future evil acts but to future good ones.
Lastly, her act of appropriation is justified by the grave proportionate reason
that she is protecting herself, her loved ones, and the community from the
scourge of contagion and possible illness or death.
Finally, there may be some in society who would still object to using vaccines
developed with human fetal cell lines even if it is ethically justifiable. May
they refuse to be vaccinated? I think so. We acknowledge the right of the
individual to refuse to engage in certain acts as a conscientious objector.
However, society also has a right, and indeed, a moral obligation, to protect
its citizens from illness and death. Therefore, justice demands that we balance
these competing interests in our communities.
Our
established social practices with yellow fever, a viral disease found in many
tropical areas in the world, suggest one possible way to do this. To prevent the
spread of the yellow fever virus, yellow fever vaccinations are required for
travelers to enter numerous countries around the world. Those who are traveling
from nations where yellow fever is common and yet who choose not to vaccinate
themselves against yellow fever are free to do so, but they are also not
permitted to enter those countries that require a yellow fever vaccine from
travelers to protect their own citizens.
I
could imagine a similar scenario with COVID-19. Persons of conscience should be
free to refuse vaccination against COVID-19 even if they live in a society with
community spread of that disease. However, their communities should also be free
to protect the common good by not permitting them to enter schools, restaurants,
malls, airports, and other public spaces where they may unwittingly catch or
spread the disease.
In
sum, we live in a morally complex world where we stand to benefit from the
present and past actions of both virtuous and vicious agents. However, there are
ethical principles that can help us to maneuver around and through these moral
complexities without losing our moral integrity. In the current pandemic, the
ethical principles that govern the appropriation of evil acts reveal that
citizens of virtue can avail themselves of COVID-19 vaccines made with human
fetal cell lines if they avoid scandal in the public square by first making
their opposition to abortion absolutely clear.
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