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- From: smezias@rnd.GBA.NYU.EDU (Stephen J. Mezias)
- Newsgroups: talk.abortion
- Subject: Re: Jim, the chastity belt theory, and me, Part 1
- Message-ID: <32847@rnd.GBA.NYU.EDU>
- Date: 18 Nov 92 15:59:50 GMT
- References: <32777@rnd.GBA.NYU.EDU> <1992Nov17.215527.23123@panix.com> <32840@rnd.GBA.NYU.EDU>
- Organization: NYU Stern School of Business
- Lines: 58
-
- In article <1992Nov17.215527.23123@panix.com> jk@panix.com (Jim Kalb)
- writes in response to my complaint about the special burden that
- forced pregnancy laws place on women:
-
- >People should be responsible for their sexual activity, as they are
- >for their other activity. That responsibility includes the
- >responsibility to foster and support rather than destroy the life that
- >results from sexual activity. It is true that prohibition of abortion
- >puts a special burden on women; however, since that burden results
- >from the application of the same principle (responsibility for one's
- >actions) to persons in different circumstances (persons who can and
- >persons who can not become pregnant) I see no reason to view the
- >special burden as unjust. Nor have you suggested a reason.
-
- I cannot believe that you can make the last statement with a straight
- face. Scarce state resources should not be devoted to regulating the
- use of one's body; a particularly injust use of these regulations are
- laws on bodily autonomy that have a differential impact with regard to
- demographic variables.
-
- >You seem to object to the view that one's obligations depend in part
- >on one's circumstances. I don't understand the objection.
-
- If your forced pregnancy position had an effect that corresponded only
- with behavior, then I would support it. However, it is quite possible
- to engage in the behavior that you want to regulate, i.e. `hold people
- responsible for' using state resources, and suffer very different
- consequences, not based on behavior but based on gender. Your
- position is that sex --> consequences for both genders. However, this
- equivalence does not stand up to scrutiny:
-
- Women: Financial support.
- / Enforced bodily support.
- Consequences
- Sex --> pregnancy --> of Forced Birth
- Policy
- \
- Men: Financial support.
-
- So despite your claim that the law is aimed at behavior, we see that
- consequence of the law is to impose the burden of financial support on
- both genders. Unfortunately, the burden of bodily support can be
- traced uniquely to the gender: Both men and women must have sex in
- order for a /z/e/f/ to be formed. However, the punishment you would
- prescribe for this behavior is grossly unequal. Among the
- consequences that would fall uniquely on women are the following: (1)
- diminished earnings power, including lost work time and damage to
- workforce progression, (2) higher mortality than early term abortion,
- (3) enhanced risks of serious health damage, and (4) psychological
- trauma of being forced to have your body occupied by an entity that
- you do not wish to have there. You may claim that you really are
- gender neutral despite these obvious differences in effect of the law
- you advocate. In this face of this discriminatory effect, I find the
- behavior of supporting such laws as a pretty serious threat to equal
- treatment under the law.
-
- SJM
-
-