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- Newsgroups: talk.abortion
- Path: sparky!uunet!wupost!eclnews!atlas!dgp
- From: dgp@atlas.wustl.edu (Don Porter)
- Subject: Re: Biological Reasons fo
- Message-ID: <1992Nov23.071013.1767@wuecl.wustl.edu>
- Sender: usenet@wuecl.wustl.edu (News Administrator)
- Nntp-Posting-Host: atlas
- Organization: Washington University, St. Louis MO
- References: <BxuK2B.32F@ddsw1.mcs.com>
- Date: Mon, 23 Nov 1992 07:10:13 GMT
- Lines: 79
-
- <BxuK2B.32F@ddsw1.mcs.com> (Karl Denninger) writes:
- > Remember one thing -- at best you can get 50% of the population to support
- > you if you don't play with men on this issue. Your odds of getting what you
- > want codified into federal law increase radically if you decide to be
- > cooperative with the other half of the population of this country.
-
- Marilyn Quayle resents it when alumni of the counter-culture claim to
- speak for her entire generation. Phyllis Schlafly resents it when
- NOW claims to speak for all women. And I resent it when you claim
- to attribute your position to all men. I am one man who does not
- demand an entitlement to infertile sex, nor a right to abandon
- his children.
-
- > If I, as
- > a man, cannot determine that my sperm is NOT to be used for reproductive
- > purposes against my will, as women can determine that their eggs are not to
- > be used for reproductive purposes against their will, then there is no
- > equality under the law. This is unconstitutional and sexual discrimination --
- > forbidden in this country at the federal level.
-
- You are aware, I assume, that gender distinctions in the law are
- not held to the highest "strict scrutiny" standard of review?
- They are held to a lesser "heightened scrutiny" standard. In particular,
- policies based on rational distinctions based on actual differences
- in the physical capabilities of the sexes are constitutional. I can
- think of no aspect of human existence in which the physical capabilities
- of the sexes are more fundamentally different than in the bearing
- of children.
-
- But I have an open mind. If you have any case law at all to back
- up your claim that child-support laws are unconstitutional, I'd be
- glad to look it over.
-
- > Women can either decide to fight >with< men for reproductive freedom, or
- > against men. If they fight WITH men then both genders gain rights codified
- > in law. If they fight against men then they risk losing what they already
- > enjoy. Men have nothing to lose from this position; we already have no
- > reproductive rights under the current legal context.
-
- "No reproductive rights." Hogwash. You have the right to choose
- your wife. The state may not match you up with an appropriate mate.
- Thanks to Griswold v. Connecticut and Eisenstadt v. Baird you have
- the right to make use of contraceptives in your pursuit of a childless
- life. On the other side of the coin, the state can't set an upper
- limit on the number of children you can beget. True, the state has
- not granted you the privilege of abandoning your children, but you
- are far from having "no reproductive rights".
-
- Futher, men have to lose what every citizen has to lose by your
- suggested policy -- the notion that parents raise chlidren. The
- expectation that parents have an obligation to their children to
- provide for their safety, welfare, and upbringing. That this
- obligation derives from a natural biological relationship, not
- a contrived legal arrangement that can be repealed as easily
- as it is enacted.
-
- Your entire proposal turns the philosophical basis of our
- government on its head. Individuals and families predate
- the state. They bind together and create the government to
- serve their needs. Your proposals have the government creating
- families via the processing of legal paperwork, filing of
- notarized contracts and the like. Surely it is only a matter
- of time before the state is not content with solving the "equity"
- issue with your proposed contracts. Why stop there? Through
- government monitoring, we could decalre invalid any contracts leading
- to children in the custody of "unsuitable" parents. Then we
- would "solve" the problem of substandard upbringing as well as
- the "fairness" problem.
-
- No, I fear your proposed policies would do far more to take away
- reproductive rights than they would to enhance them, precisely
- because they put the entire reproductive process into a framework of
- legal trappings subject to manipulation by the state.
-
- --
- | Don Porter | dgp@saturn.wustl.edu | Washington University in St Louis |
- | "The effect of liberty to individuals is, that they may do what they |
- | please; we ought to see what it will please them to do, before we |
- |___risk congratulations." -- Edmund Burke._________________________________|
-