ssjamind All American 30102 Posts user info edit post |
page 2 says, "that's just my baby daddy" 8/8/2006 7:54:31 PM |
JennMc All American 3989 Posts user info edit post |
I know you are new and most likely a freshman, but you might actually want to double check things before you assume you are correct. I just completed Con Law II this summer and that is the law of the Constitution. The standard for sexes is different than the standard for race/alienage.
http://www.law.cornell.edu/wex/index.php/Equal_protection
Quote : | "The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. See U.S. Const. amend. XIV. In other words, the laws of a [b]state must treat an individual in the same manner as others in similar conditions and circumstances. [b] " |
Biological based differences require intermediate scrutiny, which will fall in the governments favor. It the law is based on the biological differences, it most likely will be upheld. If it is based on stereotypes, it won't pass. This applies to men too (custody cases automatically given to the mother are unconstitutional). Actually, most of the case law deals with men challenging for equal access to programs established for women.8/8/2006 8:06:42 PM |
Kris All American 36908 Posts user info edit post |
WHY IS IT ILLEGAL FOR WOMEN TO GO TOPLESS IN PUBLIC?!! 8/8/2006 8:15:46 PM |
joe_schmoe All American 18758 Posts user info edit post |
damn straight. now theres a law that needs a-changin' 8/8/2006 8:17:55 PM |
rwoody Save TWW 37696 Posts user info edit post |
Quote : | "The woman has an opportunity to abort or give the kid up for adoption." |
right and that goes right to it, the woman can give up the baby even after birth, which is when kris says the man regains his 9 month long loss of "ownership" of his seed. but at this point the guy still cannot choose to give up the baby. and even if he wants it and is successful in gaining custody, what are the chances the woman will have to pay child support??8/8/2006 10:40:15 PM |
Kris All American 36908 Posts user info edit post |
Quote : | "right and that goes right to it, the woman can give up the baby even after birth, which is when kris says the man regains his 9 month long loss of "ownership" of his seed." |
If the woman wants to give it up for adoption, and the father is a fit parent, I don't think any court would deny him custody. After birth, custody is up to the courts.
Quote : | "but at this point the guy still cannot choose to give up the baby" |
He can if he has full custody.
Quote : | "what are the chances the woman will have to pay child support?" |
I'd guess 100%, but I assume your guess is much lower.8/8/2006 11:46:52 PM |
bigben1024 All American 7167 Posts user info edit post |
Why, oh why, must we legislate morality?
Quote : | ""so if the baby is not the man's in any way while it is in the woman, how does shoving it out of her body make it his?"" |
The same way a fetus isn't a baby until it is shoved out... and can breath on its own... and...and...
[Edited on August 9, 2006 at 12:29 AM. Reason : and...]8/9/2006 12:26:27 AM |
SourPatchin All American 1898 Posts user info edit post |
Okay, I've had a little bit of time to think about this issue.
I haven't taken any women's studies courses or law courses or whatever. I also haven't read any books on the matter. But, hey, most of y'all haven't either so here goes...
The law is the way it is for the children. In other words, adults don't factor in or matter. It doesn't matter if the man doesn't want the child because the child is still there, and the child still needs shit. And, as a society, we've made it clear that we don't like paying for other people's children.
So if a man has a child (wanted or unwanted), he has to support that child because it's his child, and society says, "You gotta take care of your kids, man." Pretty simple stuff...
NOW...should a man have the right to abort a pregnancy the same way a woman can? Should a man have the right to deny a woman an abortion?
I think most people (men and women) would answer NO! to both questions, but their reasons would be different. Some people might simply say, "Because it's her fucking body. Yes, it's their pregnancy, but it's her body." Other folks might suggest that women should retain this particular reproductive power over men because they are the ones with the maternal instinct and men don't habe the ability to care for children (inherently or otherwise)--I'd disagree with this.
I dunno what I think. I just know that it wouldn't feel right to watch a man force an abortion on a woman in the same way that I wouldn't feel right if I aborted a pregnancy against a man's desire. Denying or forcing ANY medical procedure doesn't feel right; abortions are touchier because the procedure itself applies only to females.
[Edited on August 9, 2006 at 10:09 AM. Reason : BridgetSPK, by the way...] 8/9/2006 9:56:18 AM |