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- Path: sparky!uunet!haven.umd.edu!mimsy!afterlife!adm!smoke!matt
- From: matt@smoke.brl.mil (Matthew Rosenblatt)
- Newsgroups: misc.legal
- Subject: Re: Pre-Sex Contract
- Summary: A girl's got a right to change her mind.
- Keywords: sex, agreement, legal, contract
- Message-ID: <19496@smoke.brl.mil>
- Date: 23 Dec 92 18:50:20 GMT
- References: <1992Nov29.233350.582@rotag.mi.org> <geDZuB2w165w@dogear.spk.wa.us> <1992Dec14.061907.22643@rotag.mi.org>
- Organization: U.S. Army Ballistic Research Lab, APG MD.
- Lines: 78
-
- In article <1992Dec14.061907.22643@rotag.mi.org> kevin@rotag.mi.org
- (Kevin Darcy) writes:
-
- >In article <geDZuB2w165w@dogear.spk.wa.us> bobk@dogear.spk.wa.us
- >(Bob Kirkpatrick) writes:
-
- >>As such, I maintain the position that women have, by virtue of biology, an
- >>opportunity that men don't have. I maintain that women's ability to choose
- >>carriage or abortion deals in terms of the "inalienable rights" our society
- >>believes in on the whole. [Bob Kirkpatrick]
-
- Yeah, that's Status Law. Can a contract alter Status Law?
-
- >>This leaves me with the position that if a person
- >>absolutely doesn't wish to be a dad (or mom), they need to be cautious way
- >>up front --before and during sex.
-
- >>I've heard the arguments about broken condoms, women poking holes in their
- >>diaphragms, all of that stuff. It still doesn't remove the responsibility
- >>that both (could be) parents need to go the distance in terms of prevention.
- >>[Bob Kirkpatrick]
-
- >Bob, in what way are the contracts being proposed and developed NOT
- >evidence of using foresight and "caution" in one's affairs? Surely you
- >don't oppose the idea of people talking about birth control and parenthood
- >before having sex, and coming to some sort of mutual agreement, do you?
- >Well, these contracts are simply an attempt to formalize those verbal
- >agreements. And no-one is obligated to sign them if they don't wish to.
-
- >Or, like Rosenblatt, do you believe in Female Privilege, specifically, the
- >Privilege to Change One's Mind About Parenthood, even if that privilege comes
- >at the expense of the man's property rights? To me, all Rosenblatt's bluster
- >about Female Privilege sounded like Looney Tunes. I didn't think anyone took
- >him seriously... [Kevin Darcy]
-
- Yeah, Looney Tunes. Let's see if a woman can alter her Status-Law-based
- Female Privilege by contract:
-
- Fornication Contract: The party of the first part, hereinafter
- "Stud," and the party of the second part, hereinafter "Slut,"
- for good and valuable consideration, agree as follows: If
- sexual intercourse between them results in pregnancy, Slut
- hereby consents that Stud may use RU-486 to terminate such
- pregnancy at a time and place of Stud's own choosing.
-
- Now, not too many girls are gonna sign such a contract. But suppose
- one does, and she gets pregnant, and subsequently word gets to Stud
- that she has Changed Her Mind and wishes to carry the pregnancy to
- term. So Stud gets some third party, someone whom Slut would not have
- any reason to be wary of, to sprinkle RU-486 into Slut's salad or drink
- when she is not looking. Slut miscarries her pregnancy, and later finds
- out what Stud did. Slut sues Stud for "chemical assault & battery":
- "He killed my baby! He killed my baby!"
-
- Stud defends by citing the Fornication Contract: "She consented to
- my altering her body chemistry with RU-486. She consented in writing,
- for good and valuable consideration. How can she sue me for doing
- what she consented to my doing?" Slut counters with, "Stud knew
- that I had Changed My Mind and withdrawn my consent. I claim my
- Rosenblatt-supported Privilege to Change My Mind About Parenthood,
- which every girl has, contract or no contract. My right to Change
- My Mind About Parenthood is *inalienable*, which means that no contract
- purporting to waive that right is binding on me."
-
- My guess is that Mr. Darcy would side with the Slut here against
- the Stud and uphold the very Privilege to Change One's Mind About
- Parenthood that he derides in his reply to Mr. Kirkpatrick. See,
- she can't contract to waive her sacred "right to bodily integrity"
- so as to permit him to foreclose the birth of an illegitimate child.
- Mr. Darcy wouldn't let her waive *her own* rights. The only rights
- he'd let her waive by contract are *her unborn child's* rights to
- paternal support. How convenient!
-
- -- Matt Rosenblatt
- (matt@amsaa.brl.mil)
-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- TRUTH JUSTICE FREEDOM YIDDISHKEIT IVY THE AMERICAN WAY
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