Thursday, November 8, 2007 12:10 AM CST
COLUMN: Let's talk about the birds and the bees, and the male bee's responsibilities
By PENNY WEAVER,
You don’t know Matthew Dubay, but if you did, you’d think the guy either has a lot of guts or a lot of gall — maybe both.
Actually, I think he’s either got really big, um, that is, a really big ego ... or a really small, um, yeah, “ego” might work there too.
I guess when tackling the topic of reproductive rights, one is bound to chalk up more than a few double entendres and try out a whole slew of euphemisms. We may have to count them up by the end of this column.
Dubay is the fellow in Michigan who brought the court case dubbed “Roe v. Wade for Men,” a nickname that some women’s rights groups pooh-poohed. I guess I’m not a very good feminist — I think the moniker for the case is rather apropos.
In case you missed it in Wednesday’s newspaper, Dubay contended he shouldn’t have to pay child support for his ex-girlfriend’s daughter. What he claimed was that his girlfriend knew he didn’t want to have a child, and she told him several times that she couldn’t get pregnant due to a medical condition.
But — whoopsie — she did get pregnant, and Dubay doesn’t want to help support the little girl born in 2005.
An appeals court on Tuesday upheld the lower court’s decision that the 25-year-old’s suit was frivolous.
Dubay’s argument is that Michigan’s paternity law violates the U.S. Constitution’s equal protection clause because it doesn’t extend reproductive rights to men.
Funny — in a way that makes sense to me. Women aren’t the only humans with pipes designated for procreation.
Dubay contends that since a pregnant woman can choose among abortion, adoption or raising a child, a man who, shall we say, makes the proverbial deposit that leads to the return — an unintended pregnancy — should have a choice to decline the financial responsibilities of fatherhood.
Welllll ... it’s not that simple, fella.
But one of the first amusing things to me in this case’s small details is that the suit was brought on the man’s behalf by the National Center for Men in Old Bethpage, N.Y. What on earth do men need their own “center” for? Most things in this world still are skewed in favor of the white Anglo-Saxon male, anyway, so I’m not inclined to see many of them as needing any kind of a helping hand.
Naturally, there are a whole passel of thorny issues related to procreation, and I’ve noticed that men do sometimes get the short end of the stick — so to speak.
In fact, as the Associated Press reported in Dubay’s case, state courts across the country in the past have said that inequity experienced by men like him is overshadowed by society’s interest in ensuring that children get financial support from two parents.
I can see that, yet in a way that doesn’t seem totally right to me. I don’t know the full details surrounding this case, but it brings up a lot of related questions.
If a woman intentionally got pregnant when she knew her male partner didn’t want to support a child, it seems to me she ought to be on her own. Of course, the problem with that is that 1., it’s the child who suffers anyway; and 2., how could anyone ever prove a woman’s intent to do something like that?
That’s tricky, tricky stuff.
The whole thing reminds me of that scene in “Legally Blonde” where the law class discusses a case in which a private sperm donor wanted visitation rights to a child produced with his, um, seed. (I’m running out of euphemisms already; I think I just strained a muscle.)
The students compared the case to that of a private sperm donor who was allowed visitation rights, but differentiated between that man’s one-time donation and the first man’s frequent generosity. The smarmy ex-boyfriend of our main character, Elle Woods (Reese Witherspoon), points out that the child in question wouldn’t exist without the man’s sperm, reasoning that he should be allowed to see the child.
Elle then points out that despite that point — oh, please, let me quote from the script — “I have to wonder if the defendant kept a thorough record of each sperm emission made throughout his life?
“Unless the defendant attempted to contact every single one-night-stand to determine if a child resulted in those unions — then he has no parental claim whatsoever over this child. Why this sperm? Why now?”
She goes a bit farther with the hilariously presented reasoning, but I won’t quote it here — you can rent the movie if you haven’t seen it yet.
It seems to me that if men have legal responsibilities as partners with women in reproduction, they also should have related legal rights. Of course we all hear of deadbeat dads who abandon the women, and a woman’s responsibilities are far greater and more permanent than a man’s when it comes to a pregnancy, particularly one that is a surprise.
It shouldn’t be that way, but it is.
Yet Dubay’s case brings up interesting points for discussion. He didn’t want a child; he made that clear to his partner; he thinks he shouldn’t have to pay for a kid.
Then again, he certainly knew that a pregnancy could theoretically happen if he had sex with a woman. He took his chance.
When a woman gets pregnant, surprise or not, the issue becomes less about her rights as a woman and more about her responsibilities as a mother. Men absolutely should be held to the same standard.
Dubay raised a valid point or two, but this is a set of issues rife with thorns for anyone who gets near.
I guess anything nicknamed “the birds and the bees” is bound to have some sting to it.
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Becky wrote on Nov 8, 2007 8:30 AM: