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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAbortion is Legal Because so Many Men are Lying, Thoughtless, Irresponsible Dicks
http://bluntandcranky.wordpress.com/2012/08/20/abortion-is-legal-because-so-many-men-are-lying-thoughtless-irresponsible-dicks/Fumesucker
(45,851 posts)riqster
(13,986 posts)When the U.S. Supreme Court legalized abortion, they did not rule on the morality, ethics, religious value or rightness/wrongness of abortion: in fact, the ruling wasnt entirely about abortion at all. Lets all take a moment to put our heads back together, since many of yours have likely just exploded.
All crania super-glued back together now? Excellent. Lots of folks think of a womans right to choose as it has been defined and discussed by TV preachers and glory-hound politicians, many of whom know nothing about the actual ruling (or pretend not to): they frame it as a Godless, liberal, genocidal baby-killing spree imposed upon the Godly American majority by a Satanic Supreme Court, or some similar load of twaddle.
In reality, the ruling hinged upon something far more basic: men cannot get pregnant, and there is no Constitutional way to force them to be accountable towards the women they impregnate or the children they help to create. As the late-night infomercial boyos like to say, its just that simple.
What the Supremes found was this: lots of men lie to women in order to get laid. Wow, whod a thunk that? And if they get a woman pregnant, they likewise lie about taking care of the woman and child (or just take off). This leaves the woman completely and totally responsible for the consequences of an act that two people consented to (rape and other sex crimes that result in pregnancy are for another post), because the baby is inside her and she pretty much has to deal with that reality. Meanwhile the man can either be responsible, or not.
In nature, men can choose whether or not to deal with a pregnancy they help create, and women cannot (thats the real meaning behind pro-choice). Simply put: Nature has created an inequality when it comes to pregnancy. The Supreme Court recognized this, and THAT is where Roe V. Wade came from. Giving women the same amount of choice as men. Equality, in other words. You know, that teenytiny little concept that our whole nation was founded upon? Yeah, that equality.
Yes, I hear you say, we have court-ordered child support: surely that addresses the situation? It might help, if there were any way to guarantee such payments: in reality, many men evade such court orders or simply dont pay up when they are ordered to. Nor does child support cover all of the burdens of single parenthood.
Mr. Blunt and Cranky has imagined lots of fun ways to make men deal with their sexual behavior: surgical insertion of bowling balls into their intestines so that they can feel a bit of the pregnancy experience; forced labor on chain-gangs for 18 years with all proceeds going to the mother and child; all sorts of amusing notions, none of which, alas, are the least bit constitutional.
(One should notice that almost none of the recent restrictive state and local laws regarding abortion say thing one about making men deal with their share of responsibility. These laws take away the rights of women while doing nothing to address the fundamental inequity that the Supreme Court sought to rectify. Small wonder, since most of these bills were written by male politicians, who are evidently lying, thoughtless, irresponsible dicks, taking care of themselves and their like-minded brethren.)
When and if a way can be found to make 100 percent of men as 100 percent responsible as women for the children they create, perhaps Roe V Wade might no longer be necessary. Until then, while so many men remain a**holes about sex and reproduction, it is indispensable to the life, liberty and pursuit of happiness of women (remember them? Theyre the majority of Americans).
Fumesucker
(45,851 posts)There will always be unplanned pregnancies even if all men and all women were 100% responsible.
I recall a women's health clinic worker posting here on DU that a significant percentage of her patients looking for an abortion were women in their forties who had become pregnant despite doing everything in their power to avoid that condition (other than total abstinence of course).
JDPriestly
(57,936 posts). . . though the abortion decision may originate within the zone of conscience and belief, it is more than a philosophic exercise. Abortion is a unique act. It is an act fraught with consequences for others: for the woman who must live with the implications of her decision; for the persons who perform and assist in the procedure; for the spouse, family, and society which must confront the knowledge that these procedures exist, procedures some deem nothing short of an act of violence against innocent human life; and, depending on one's beliefs, for the life or potential life that is aborted. Though abortion is conduct, it does not follow that the State is entitled to proscribe it in all instances. That is because the liberty of the woman is at stake in a sense unique to the human condition, and so, unique to the law. The mother who carries a child to full term is subject to anxieties, to physical constraints, to pain that only she must bear. That these sacrifices have from the beginning of the human race been endured by woman with a pride that ennobles her in the eyes of others and gives to the infant a bond of love cannot alone be grounds for the State to insist she make the sacrifice. Her suffering is too intimate and personal for the State to insist, without more, upon its own vision of the woman's role, however dominant that vision has been in the course of our history and our culture. The destiny of the woman must be shaped to a large extent on her own conception of her spiritual imperatives and her place in society.
. . . .
And then also in the same decision:
Constitutional protection of the woman's decision to terminate her pregnancy derives from the Due Process Clause of the Fourteenth Amendment. It declares that no State shall "deprive any person of life, liberty, or property, without due process of law." The controlling word in the cases before us is "liberty." . . . .
It is also tempting, for the same reason, to suppose that the Due Process Clause protects only those practices, defined at the most specific level, that were protected against government interference by other rules of law when the Fourteenth Amendment was ratified. See Michael H. v. Gerald D., 491 U.S. 110, 127 -128, n. 6 (1989) (opinion of SCALIA, J.). But such a view would be inconsistent with our law. It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter. We have vindicated this principle before. Marriage is mentioned nowhere in the Bill of Rights, and interracial marriage was illegal [505 U.S. 833, 848] in most States in the 19th century, but the Court was no doubt correct in finding it to be an aspect of liberty protected against state interference by the substantive component of the Due Process Clause in Loving v. Virginia, 388 U.S. 1, 12 (1967) (relying, in an opinion for eight Justices, on the Due Process Clause). . . . .
http://caselaw.lp.findlaw.com/scripts/getcase.pl?vol=505&invol=833&court=US
CaliforniaPeggy
(149,614 posts)Thanks for the link; I will be reading it from now on.
And I totally agree about why abortion is legal.
treestar
(82,383 posts)proposed some sort of child support collection enforcement too or in conjunction with one of their restrictive rulings.
I'm not sure they are right about the legal basis for Roe v. Wade. It was the right to privacy.
riqster
(13,986 posts)Having read the stories of the Roes who served as plaintiffs, they were dealing with situations of gender inequality that led to privacy violations.
Granted there is no constitutional right to "freedom from dickheads", and further that privacy was at the core of the final decision: the women involved were dealing with a fundamental inequality: they had to bear the burden and risk of pregnancy, childbirth and the aftermath thereof.
Meanwhile, men were free to impose said burden and bear little or none of it themselves.
HopeHoops
(47,675 posts)yellowcanine
(35,699 posts)These "one size fits all" answers to the abortion question do a disservice to everyone involved.
Abortion is a complex issue and deserves a more serious discussion than what is offered here.
Tumbulu
(6,278 posts)I do think that posting 1 million dollar bonds may be a solution...... that's what I want to hear the anti choice people talk about......
riqster
(13,986 posts)librechik
(30,674 posts)riqster
(13,986 posts)My dad was a Navy man, so I have an extensive, ahem, vocabulary. I just didn't use all the words that these yutzes deserve.