A Man’s Right to Choose?

A few weeks ago, on the anniversary of Roe v. Wade which gave women the right to make a range of reproductive choices, Glenn Sacks wrote an cogent summary of the arguments for a men’s right to choose. Sacks writes,

When a woman gets pregnant she has the right to decide whether or not to carry the baby to term, and whether to raise the child herself or to give it up for adoption. In many states she can even terminate all parental responsibility by returning the baby to the hospital within a few weeks of birth. Yet if she decides she wants the child, she can demand 18 years of child support from the father, and he has no choice in the matter. When it comes to reproduction, in America today women have rights and men merely have responsibilities.

. . .

The “Choice for Men” movement seeks to give fathers the right to relinquish their parental rights and responsibilities within a month of learning of a pregnancy, just as mothers do when they choose to give their children up for adoption. These men would be obligated to provide legitimate financial compensation to cover pregnancy-related medical expenses and the mother’s loss of income during pregnancy. The right would only apply to pregnancies which occurred outside of marriage, and women would still be free to exercise all of the reproductive choices they have now.

At the moment there is almost no support outside of the men’s movement for such ideas, but as Cathy Young noted in an article on this topic a couple years ago, it is a direct outgrowth of feminist claims about the importance of abortion rights. Young wrote,

. . . Advocates of choice for men like to cite a passage from a Planned Parenthood statement, “9 Reasons Why Abortions Are Legal”: “At the most basic level, the abortion issue is not really about abortion. … Should women make their own decisions about family, career and how to live their lives? Or should government do that for them? Do women have the option of deciding when or whether to have children?”

Substitute “men” for “women,” and it’s hard to deny that coerced fatherhood drastically curtails a man’s ability to make key decisions about how to live his life, including when or whether to have children with the woman he loves. Think of “A Dad Too Soon,” the young husband saddled with college loans, graduate school tuition, car payments and other expenses, and forced to give up a quarter of his earnings because he made a mistake as a teenager. (His admittedly one-sided narrative also suggests that the mother’s paternity suit was partly driven by vindictiveness: Having waited for eight years, she filed the claim days after his wedding.) Yet, in the eyes of Ann Landers and many others, he deserves only a stern rebuke. Pay up and shut up. You play, you pay. It takes two to tango.

. . .

Yet, by and large, feminists and pro-choice activists have not been sympathetic to calls for men’s reproductive freedom. “If there is a birth, the man has an obligation to support the child,” says Marcia Greenberger, co-president of the National Women’s Law Center. “The distinction with respect to abortion is the physical toll that it takes on a woman to carry a fetus to term, which doesn’t have any translation for men. Once the child is born, neither can walk away from the obligations of parenthood.” (Actually, a woman can give up the child for adoption, often without the father’s consent, and be free of any further obligation.)

Indeed, on the issue of choice for men, staunch supporters of abortion rights can sound like an eerie echo of the other side: “They have a choice — use condoms, get sterilized or keep their pants on.” “They should think about the consequences before they have sex.” (The irony is not lost on men’s choice advocates or pro-lifers.) Yes, some admit, it’s unfair that women still have a choice after conception and men don’t, but biology isn’t fair. As a male friend of mine succinctly put it, “Them’s the breaks.”

Clearly there are some inequities that need to be eliminated, such as relief for men who end up being fathers thanks to the fraudulent and/or criminal actions of unscrupulous women, as well as men who are forced to pay child support for children they later find out they are not biologically related to, but going beyond that opens a can of worms that warrants proceeding very slowly.

Source:

30 years after Roe v. Wade, How About Choice for Men?. Glenn Sacks, MensNewsDaily.Com, January 22, 2003.

Share

Is Killing a Fetus a Crime?

A judge in Pennsylvania recently ruled that a woman could be charged with murder for the death of a fetus of a romantic rival.

Corinne Wilcott was charged with murder after she attacked a pregnant woman at a graduation party in June 2002. The pregnant woman survived, but her 15-week old fetus died four days later due to the force of the attack.

According to the Associated Press, Pennsylvania is one of 27 states that allow prosecutions for fetal homicide. Wilcott had argued that under Pennsylvania law a fetus is not a person and, therefore, it is impossible to murder a fetus.

In rejecting Wilcott’s appeal, Judge John Trucilla offered the rather unsatisfying legal argument that the difference between Wilcott’s alleged killing of a fetus and an abortion was that in this case the mother did not have a choice.

But that sort of criteria seems to simply sidestep the issue. Certainly society may want to create a special sort of crime for the intentional killing of a fetus in violation of a pregnant woman’s wishes, but if a fetus is genuinely not a person then it is unclear how anyone can be charged with murder for killing a fetus (anymore than someone who committed arson and thereby killed a dog trapped in the fire would be charged with murder).

Source:

Judge rules down challenge to Pa. Fetal Homicide Law in Murder Case. Associated Press, January 25, 2003.

Share

Washington State to Address Holes in Anti-Voyeurism Laws

One of the more bizarre legal outcomes relating to privacy last year had to be a Washington state’s ruling that two men who pointed cameras up women’s skirts in public places were not guilty of violating the state’s anti-voyeurism laws.

The men had surreptitiously used video cameras to film women and girls at a shopping mall and at an outdoor festival. They were charged with violating anti-voyeurism statutes, but a state court ruled that the law governing such crimes did not ban such practices in public places.

Washington State Rep. Patricia Lantz told Reuters,

In the previous (anti-voyeurism) bill, we didn’t consider the remote possibility that jerks would go around filming up the skirts of women.

. . .

As nasty as it is to the victims, standing over my desk and looking down my blouse is not a crime. But this bill makes it clear you have a reasonable expectation of privacy about your body and a person’s ability to film intimate areas of your body.

Source:

Law targets ‘up-skirt’ filming. Reuters, January 17, 2003.

Share