Roe v. Wade for men?

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Chilango2

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There is so very much wrong going on in this thread.

Let's tackle child support first, and the alleged "unfairness" to a man being "made" to pay child support for a pregnancy he has no control over. A first point: Child support is gender neutral. In other words, if the *man* is taking care of the child, then it is expected that the *woman* will provide child support. It's not about the woman, but the child. Child support is instituted for the precise social good of making sure the child has adequate resources for his care. Secondly, the simple reason that a man cannot "veto" a birth is because he is not the one carrying the child. The law is not "fair" because *biology* is not fair. The woman carries the child, she is the one who bears the risk of childbirth. Furthermore, a woman is at much higher risk of suffering financial consequences from motherhood (reduced career opportunities, reduced pay, etc).

Engaging in sex is to to accept the risk of parenthood, and both parties know this and have, in essence accepted it. One party can not (should not) be able to walk away from the consequences of a *mutual* decision. He choose to have sex, he has agreed to bear part of the consequences. (it should be noted that under just about any normal child support regime, the amount of money given is nowhere near to half of the actual expenses of taking care of a child).

Furthermore, as regards the claim that a fetus is a child. If an individual believes this, the most rational course is a liberal family planning regime. Restricting abortion and birth control, statistically, increases the incidence of both abortions and risky abortions which are a threat to the mother's life. Comparing the rates of abortion between a highly restrictions state, such as Honduras, to a medium restrictions state, such as the US, to a liberal regime state, such as Canada and most of western Europe, makes this abundantly clear.

It also pays to recall how abortion restrictions are actually enforced in fact, rather than in the magical universe where ponies exist: Under any abortion regime, the upper class women always have access to abortion. They are capable of traveling abroad, if necessary, to get an abortion, they can afford to take time off from work, they can afford to pay the higher fees in a "gray market" for a good doctor that won't get her killed. This is precisely what the case was in the US prior to Ro. Any person who takes equality under the law should grasp why this is an objectionable state of affair. Furthermore, preventing this would require a sufficiently restrictive regime as to represent a real cost of liberty. (it would mean, firstly, restricting women's ability to travel)

As a further point as to the reality of how abortion laws are restricted, it's useful to remember that abortion always are built in such a way that they are terrible at preventing abortion, but are rather clear attempts to control and restrict female sexuality. Take the recent banning on DRX abortions in the US. This was a ban on a particular *method* of abortion. It will not stop a single abortion, it will simply make late term abortions more risky, and more costly, and has been justified along sexist grounds that it is the place of government to prevent women from being able to make decisions about their own bodies that they "might come to regret later."

Forced abortion and Abortion restriction (i.e forced pregnancy) and allowing men any control over abortion are quite simply not defensible on any grounds that takes the rule of law, gender equality, or democracy seriously. If women are to be equal, they can and should be able to abort a fetus prior to the third trimester, period.
 

Easykill

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Well, yeah. A guy shouldn't get the right to force an abortion, ever. But under some circumstances he should be able to wash his hands of the pregnancy. There is a very huge difference.
 

Singing Gremlin

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I am going to play devil's advocate here, just flinging ideas into the void. Don't shoot me!

Could not, in theory, an abortion be considered an equivalent act to forms of contraception? Surely then the woman would be as liable for not having an abortion as the man for not using a condom. That might make the legal issue a little more balanced, as if they guy used a condom but the woman refuses an abortion, it would be her problem. I mean arguably the moral situation would be less fair, but the current situation is a legal and moral mess anyway.
 

Chilango2

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Well, no. The man had sex (as did the woman), with or without contraception, knowing a child might result. Both parties are responsible for the possibility there might be a child. If he truly wants no risk of having a child, use multiple forms of contraception (not just a condom), get a vasectomy, or don't have sex. Same thing goes for the woman. They are *jointly* responsible for the child. For him to just walk away is to saddle the *woman* with the entire economci burden of the child, something with is not equitable, is contrary to the notion of equality, and responsibility.

If he has the power to walk away, this is not "fair or equal" because the woman *already* has the burden of bearing the child and giving labor (not a risk free enterprise), and if taking care of the child will bear the primary economic burden even if he *does* pay child support, and will likely do so with more limited career prospects and reduced pay. To make this a one way street would make a already inequitable situation *worse*.

And again, to repeat myself, child support is not about the woman, it is about the *child*. Child support is extracted because it is seen as a social good to make sure a child is well supported. It is also a matter of public policy to encourage parental responsibility, and "you get to get girls pregnant but don't have to pay a dime" doesn't strike me as very compatible with that goal.

It's not perfect, but no legal or social system is, and the proposed change would make it more inequitable, more unjust, and would have negative effects on the wellbeing of children besides.

Insofar as the law is not "fair" it is, again, because biology is not "fair." The legal system is filled with diffrent standards for precisly the reason that not all situations are equal.
 

John Galt

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Chilango2 said:
Well, no. The man had sex (as did the woman), with or without contraception, knowing a child might result. Both parties are responsible for the possibility there might be a child. If he truly wants no risk of having a child, use multiple forms of contraception (not just a condom), get a vasectomy, or don't have sex. Same thing goes for the woman. They are *jointly* responsible for the child. For him to just walk away is to saddle the *woman* with the entire economci burden of the child, something with is not equitable, is contrary to the notion of equality, and responsibility.

If he has the power to walk away, this is not "fair or equal" because the woman *already* has the burden of bearing the child and giving labor (not a risk free enterprise), and if taking care of the child will bear the primary economic burden even if he *does* pay child support, and will likely do so with more limited career prospects and reduced pay.
However, you leave out the fact that an abortion is an alternative. If the man makes it clear he will not be able or willing to support the child for whatever reason, the woman must consider whether or not she wants this child. If the man walks out, the final decision to have the child or not rests in the mother, the man already having made his choice. This choice must be considered in the mother's final decision.
 

Singing Gremlin

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Yeah... I'm going to raise my hands, put down the keyboard and step away from the conversation here, because I am aware I have a wonky moral compass and right now cannot see even slightly straight in terms of right and wrong. And am somewhat shamefaced about losing sight of the fact that the child's wellbeing really ought to be the crux of the argument. Thanks for pointing that one out...
 

General Ma Chao

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Cheeze_Pavilion said:
Singing Gremlin said:
Yeah... I'm going to raise my hands, put down the keyboard and step away from the conversation here, because I am aware I have a wonky moral compass and right now cannot see even slightly straight in terms of right and wrong. And am somewhat shamefaced about losing sight of the fact that the child's wellbeing really ought to be the crux of the argument. Thanks for pointing that one out...
Thanks for playing Devil's Advocate: I actually wouldn't have figured out that the *real* problem people in this thread--which I think reflects society at large--have with the system isn't about abortion really, but is about how the law doesn't factor in any level of 'responsibility' when imposing parental duties so in effect a lot of this discussion misses the mark.

You don't have a wonky moral compass--just a flawed premise, that's all!
The law tends to assume that people learned that responsibility from their parents ironically enough. But in this age of selfishness and overworked parents, that's begun to break down.
 

Geoffrey42

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John Galt said:
If the man makes it clear he will not be able or willing to support the child for whatever reason, the woman must consider whether or not she wants this child.
Are we talking morality, or legality here? As I see it, the legal situation is presently such that if the man and a woman engage in the act which results in a pregnancy which carries to term and the resulting custody rights are maintained by either party, the other party is legally obligated to provide financial support, regardless of custody.

If the man makes it clear that regardless of the outcome of his actions, he will not be able or willing to conform to the law? Extra hyperbolic example for illustration: "Yes, I am willing to rob that bank with you. But I will not be able or willing to go to jail if we get caught." Mutual act (sex/bank robbery) with multiple possible outcomes (full-term pregnancy vs. no pregnancy vs. miscarriage/getting away with it vs. getting caught) where the parties have no choice in the results of the outcome but are capable of taking actions to mitigate the risk of undesirable outcomes (birth control/disabling the alarms, paying off the guard), where the outcome itself comes with legal strings attached. If you would like to counter that the difference between the bank robbery and the intercourse is the addition of a choice for one party which the other party lacks (as implied in your original post, ie. the woman gets an extra choice: induced abortion, whereas the man does not) I will say right now that I consider the woman's decision to induce an abortion entirely outside the potential A vs. B vs. C, because I am not talking about the variety of methods the parties can engage in to AVOID the legal ramifications of the outcome. The man could commit suicide, if he'd like, and would be able to avoid child support payments, but we don't include that. Why include induced abortion, but not seppuku?
 

Unholykrumpet

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I was excited when I saw this thread after having this very same question posed in my AP Government class the other day. However, after reading every post (all intelligent and polite arguments, which I don't see very often on the interwebs), Chilango2 basically said my exact viewpoint, and I'm a rare breed of humanoid that dislikes putting similar posts in a thread. However, I'll add a few thoughts.

I'd like to suggest that even if it would help in a few cases (girl trying to get pregnant, girl is deceptive, girl is a self destructive type), the majority of the time the rule/judgment would be abused. Lawyers have proven themselves to be able to find the smallest loopholes, and this rule would be scrutinized with a microscope by lawyers trying to find one. No matter how well written it would be, it would more often get the rich kid who doesn't deserve it off the hook.
Ideologically, It's too close to call whether or not giving guys who deserve it a way to get out of an unwanted pregnancy is the right thing to do or not...seeing as how the kid is the one that should be focused on, not the mother or the father.
Realistically, I'd shudder if a rule like this went into effect because of all the litigation that would take place.
Morally...unless bizarre circumstances (like siphoning sperm out of a male when he's sleeping) occur, then the guy should be held responsible. Half and Half.
EDIT: I've been up for a little under two days now, so if the post seemed a little...off, I apologize whole heartedly and will fix it after I sleep.
Cheers, Unholykrumpet
 

Geoffrey42

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As I've read through the thread, I disagreed with what a lot of people were saying, but Chilango2 and Cheeze_Pavilion have addressed most of the individuals whose points I took issue with. So, without re-addressing those points, I wanted to throw out the framework that I used in my head to base my opinions around. Essentially, I break down the different phases, and make the assumption that choices made at each phase reflect the other phases, in that they are not independent.

Phase 1: Do you want to have sex? ([a href=http://www.youtube.com/watch?v=UH3mQmbC41g]Entertaining semi-related video[/a])
Key point of phase: Consent. Did the two parties mutually consent to the act? If yes, all obligations, legal and moral, belong to both of them, for any resultant outcome. To all of the individuals that felt that a broken condom gave the guy an out, I say HA. Even if used properly, 1 out of every 50 couples that use condoms throughout a year will get pregnant anyway. You engaged in a risky act, with a non-100% prophylactic, and pregnancy ensued. Deal with it. To those who felt that being lied to about The Pill gave them a similar out, I feel less strongly, but similarly. Condom failure per year is 2%; Combined Oral Contraceptive Pills are 0.3% (those involving estrogen and progestin, as opposed to Progestin Only Pills at 0.5%). How about vasectomies and tubal ligations? <0.1% and 0.5%, respectively. Get it through your head: when you have sex, you are taking on the risk of a resultant pregnancy, no matter what precautions you take. This applies to both consenting parties.

If you want to make the case that the consent is not binding in cases where it was achieved through deceptive practices (lying about The Pill, or fertility), then you've probably got some legal ground to stand on... but, I ask you this: Had there been no deception, and pregnancy had STILL resulted, would you just say "Oh well, dems'da'breaks" and give in? Since I enjoy extreme hyperbole for making my examples, I'll try... Doctor informs patient that they have a <0.1% chance of developing cancer every year that they smoke, due to low risk factors. Patient smokes. Patient gets cancer. Turns out the patient was high risk (say, 85%, like the rate of pregnancy for not using contraception), but the doctor lied (on the take from the tobacco companies). Is the patient entirely no fault here? I think the key difference is between no-risk and low-risk situations. Intercourse is never* a no-risk situation.
*The only exception to this that I can think of is if the woman claims to have had a hysterectomy.

The bizarre scenario from Boston Legal described previously is exempted from all that follows because the situation lacked the key component: consent. Same goes for rape.

Phase 2: Knocked up? (I'm trying to be concise, but failing, so please bear with me.)
We are now in the woman's domain. The act which resulted in pregnancy was a mutually consensual act, but the choice of whether to have the baby, or to terminate the pregnancy (as decided in Roe v Wade) lies with the woman. In essence, by consenting to intercourse, under the current legal state of affairs, the man has consented to abiding by the woman's decision in the case of pregnancy. They are both aware of this going into the situation, and therefore, their decision in Phase 1 should reflect this. You might say that I'm arguing semantics (it is the law, therefore that is the way it is), but that's not entirely what I'm saying. I'm saying that I see no problem with Roe v Wade, and since that is the current state of the law, the decisions you make leading up to the situation are well-informed and should encompass it. If you don't like Roe v Wade, that's a different issue entirely (as others have pointed out previously).

Phase 3:"WAAAAAAAAANNNH"*inhalation*"WAAAAAAAAAANNNNNNNNHHH"
So she decided to carry it to full-term, as was her legal right. Now we get to decide who owns what, who owes what, etc. I see this as a 2x2 matrix, and assuming that the conditions in Phase 1 and 2 are met (consent, resulting in pregnancy, followed by her decision to carry the pregnancy to term), then I see no problem with what happens next. I see no moral issues where the law seems to be failing. Biological father: Keep/Discard, Biological mother: Keep/Discard. *Note* As others have pointed out, "child support" isn't magically extra income for the person raising the kid: it barely dents the costs associated. You are being told to help take care of what you caused, rather than leaving it to the state to take care of.

Father=Keep, Mother=Discard -> Dad rears, Mom pays*
Father=Discard, Mother=Keep -> Mom rears, Dad pays*
Father=Mother=Keep -> Yay happy nuclear family*
Father=Mother=Discard -> Adoption
*Subject to custody litigation.

And there you have it, from intercourse to parentage. If you actually do bother to read this, I look forward to finding out what exactly about all of this is so unfair, or unbalanced.
 

Geoffrey42

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Geoffrey42 said:
As I've read through the thread...
...from intercourse to parentage. If you actually do bother to read this, I look forward to finding out what exactly about all of this is so unfair, or unbalanced.
TL;DR

*Thought I'd save you all the trouble...*
 

Easykill

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Damn... I don't like it when all the smart peoples disagree with me... I still hold by my opinion though, your arguments seem off to me. Don't ask me how.
 

Geoffrey42

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Easykill said:
I still hold by my opinion though, your arguments seem off to me. Don't ask me how.
Touche. Hard to counter... how about:
Your argument seems off to me. Don't ask me how.

And we'll call it a draw? ;)
 

John Galt

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Cheeze_Pavilion said:
If a man can 'contract' out of future child support by making a disclaimer up front, why can't a woman 'contract' out of a future abortion obligation by making a similar disclaimer up front?
I never said she couldn't contract out, I just said that if the male party decides not to first, then the final choice would lie in the female.I was trying to use it to illustrate that you must base your decisions on what is going on beforehand and then stick to it.

How I should I phrased it would be: "Don't have sex if you don't know what you're going to do with a baby. If you don't want one, then plan on using contraception or worst-case scenario, abortion. Whatever you do, just agree to it and don't change your mind midway without consulting your partner."

Geoffrey42 said:
Are we talking morality, or legality here? As I see it, the legal situation is presently such that if the man and a woman engage in the act which results in a pregnancy which carries to term and the resulting custody rights are maintained by either party, the other party is legally obligated to provide financial support, regardless of custody.
In my case, I was referring to morality, I missed the legal point a bit.
 

Singing Gremlin

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After much sitting and pondering and reading and stroking of my non-existant beard, I think I've figured out one of the main reasons it seems unfair to some.

Simply, that a woman has two opt-out points, whereas the man only has one.

Male
- Contraception

Female
- Contraception
- Abortion

Not going to say "and so we see ___ is right." Not even saying what I just said has has ANY relevance whatsoever. Just adding food for thought. It's a good debate, it just looks in danger of having the same points repeated over and over.
 

Geoffrey42

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Singing Gremlin said:
After much sitting and pondering and reading and stroking of my non-existant beard, I think I've figured out one of the main reasons it seems unfair to some.

Simply, that a woman has two opt-out points, whereas the man only has one.

Male
- Contraception

Female
- Contraception
- Abortion

Not going to say "and so we see ___ is right." Not even saying what I just said has has ANY relevance whatsoever. Just adding food for thought. It's a good debate, it just looks in danger of having the same points repeated over and over.
My primary response to your thought is that A. Contraception is not an opt-out, because it isn't 100%. And B. Abortion is not an option for every woman. The same actually goes for Contraception, for both men and women, depending your religion and your zeal.

At the risk of sounding like a broken record, I think the "options" are much simpler.

Have sex.
Don't have sex.
Either way, take responsibility for the consequences of your actions.
 

Geoffrey42

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John Galt said:
In my case, I was referring to morality, I missed the legal point a bit.
From talking to a friend of mine off-line about this, I've come to the point where morally, I see the two sides as equivalent, and maybe just a little on the side of both the man and woman having the right to wash their hands of it and walk away (leaving the other to keep it on their own, or to give it up for adoption). But, Cheeze's point about the societal benefit of giving people incentive to be responsible, as opposed to making it easier for either party to wash their hands of it, sways me in favor of the way the law is right now. I can't pick either side morally. And I can't decide how much weight to give the infant's lack of choice in the matter. Note that I'm only talking about my Phase 3, as I don't think Phase 2 has any place in the conversation.
 

Singing Gremlin

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I wasn't saying they were true, or that your options are wrong. I was just poking thoughts for debate through the fencing and hoping people would start arguing over it.
 

Singing Gremlin

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Cheeze_Pavilion said:
Singing Gremlin said:
After much sitting and pondering and reading and stroking of my non-existant beard, I think I've figured out one of the main reasons it seems unfair to some.

Simply, that a woman has two opt-out points, whereas the man only has one.

Male
- Contraception

Female
- Contraception
- Abortion

Not going to say "and so we see ___ is right." Not even saying what I just said has has ANY relevance whatsoever. Just adding food for thought. It's a good debate, it just looks in danger of having the same points repeated over and over.
I would say that frameworks makes us ask the next question: what *is* abortion? Sure, it's an opt-out, but it's also surgery to remove a growth of cells inside a person that they don't want.

Now--why is abortion *legal* is the next question. Think about this: the current legality of abortion in America (since I don't know much about other countries) ends when the fetus becomes viable outside the womb, I think. What happens when medical science pushes viability back to where almost every detected pregnancy is viable outside the womb? Under current American law women *won't* have an additional opt-out point.

And like Geoffrey42 stated, abortion isn't even really comparable to contraception. Contraception is a prophylactic measure to reduce the possibility of a sperm fertilizing and egg/a fertilized egg implanting (the science gets a lil' out of sync with the werds we use); abortion is a remedial measure to prevent the further development of a fertilized egg. Just another angle to consider all this from.
I have a really bizarre outlook on the difference between contraception and abortion, I'll be the first to admit. To me, the only difference between a Foetus and a Gamete is that a foetus is two gametes and the roll of a dice, so the differences between contraception and abortion don't seem too huge for me. But I'm weird.
 

mshcherbatskaya

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Cheeze_Pavilion said:
Now--why is abortion *legal* is the next question. Think about this: the current legality of abortion in America (since I don't know much about other countries) ends when the fetus becomes viable outside the womb, I think. What happens when medical science pushes viability back to where almost every detected pregnancy is viable outside the womb? Under current American law women *won't* have an additional opt-out point.
May I just pause and say this specific issue around viability scares the crap out of me? Because even if a fetus is viable outside the womb at 5-6 months, nobody is actually offering me a place to put that fetus for months 6-9 that isn't inside my body. The fact that my choice might be taken away from me on largely theoretical medical grounds isn't 1984, it's freakin' Handmaid's Tale. *shivers*