Should Men Have A Right to Choose Too?

Cathy Young has a very long, very well written piece in Salon.Com about an idea originally propounded by the men’s rights movement that is likely to be tested in courts within the decade — do men have unequal rights when it comes to issue of abortion that should be solved via a legal remedy?

The basic argument simply turns pro-choice argument on its head. If women should be able to have control over entering in to parental obligations, why not men as well? The idea seems inane at first, but most of the arguments against it, in one way or another, rely on claims that abortion rights activists already say are preposterous when used by pro-lifers. Typically feminists reply that if men don’t want to have to pay child support they should keep their pants on, which is a crude version of an early argument against abortion — if women don’t want to get pregnant, they shouldn’t sleep around. As Young notes, there is a “willingness to liberate women but not men from the unwanted consequences of sex…”

Young quotes from a Planned Parenthood pamphlet, “9 Reasons Why Abortions Are Legal,” which says, in part,

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?

Young essentially wants to know that if they are serious about the rhetoric, why shouldn’t men have the same opportunities. And if not, why not?

Most people of the folks who support the so-called men’s right to choose typically have some scheme whereby either parent is able to forego parental obligations — women can obviously abort a fetus as a remedy, and typically the remedy for men would be to renounce parental obligations during the pregnancy.

Does this sort of thinking make sense? Up to a point there are some important insights to be taken away from this sort of argument, but ultimately it has no chance of being accepted by courts and is suspect morally. The problem for feminists, however, is that the reason most people will find the men’s right to choose arguments fallacious is the persistent sexual stereotypes which see men as economic providers for children. The idea of father simply being able to renounce their parental obligations is probably revolting non-feminists and feminists alike (who, when contemplating it, might get a hint of how pro-lifers feel about the idea of a woman being able to abort a fetus) largely because of expectations society has of fathers.

Personally I think that’s, on balance, a very good thing. Besides technological solutions on the horizon such as the male birth control pill are likely to put men and women on more equal technological footing when it comes to controlling reproduction, and a massive change of the sort proposed by those advocating for a man’s right to choose would be a very bad idea.

On the other hand there is a subset of cases of forced fatherhood which Young cites which probably does deserve additional looking into. Namely, how should the law handle the responsibilities of a man when he is forced into being a father thanks to nonconsensual sexual activity?

Young finds a couple of doozies that are stunning. In one case a woman seeking to get pregnant took advantage of a male co-worker who had passed out drunk at a party, and subsequently bragged to friends that she saved a trip to the sperm bank. In another, a woman had oral sex with a man and requested he use a condom. Afterward, unbeknownst to him, she used a syringe to retrieve semen and inseminate herself. In both cases, the mothers sued for and won child support payments from the involuntary father.

And of course there was a much-reported case of a woman convicted of statutory rape for having sex with a 12 year-old. Even though the state concurred that this was in fact a criminal sexual act, the young boy was forced to pay child support when he was 18.

Some sort of legal remedy is in order for those sorts of bizarre cases, but otherwise dramatic legal changes in the way parental obligations are established would be a very bad idea.

Source:

A man’s right to choose. Cathy Young, Salon.Com, October 19, 2000.

The “Good Rape”: The Vagina Monologues Returns

Even if I tried, I don’t think I could write a parody of the contemporary feminist movement that accomplished half of what The Vagina Monologues did last year. For those of you who haven’t yet heard of this play, the Vagina Monologues features women representing vaginas who talk about their experiences onstage. The premise is typically wacky, and meant to focus on issues of domestic violence.

The play earned a lot of criticism, however, for its positive portrayal of the statutory rape of a 13 year old girl by a 24 year old woman. At the conclusion of that scene, the 13 year old girl tells the audience that it might have been rape, but “well, I say if it was rape, it was a good rape.” If a male playwright depicted the statutory rape of a 13 year old girl by a 24 year old man and then had the girl say that if it was rape, it was a good rape, feminists would never stop grousing about the play (and rightly so), but as is typical among leftist movements, the same rules simply don’t apply to feminists. That part of the play reached national attention when a male columnist at Georgetown’s student newspaper was fired for writing a column asking if there was such a thing as a “good rape” (in the official explanation of his dismissal, the paper complained the student had attacked “a women’s issue on campus.”)

Anyway, Feminist.Com is trying to arrange for colleges and universities to perform the play on V-Day. V-Day is the radical feminist attempt to redefine Valentine’s Day. According to a Feminist.Com press release, “V-Day is still Valentine’s Day. But the “V” now also stands for vagina, anti-violence and victory.”

With backing from Planned Parenthood and others, the goal is to have The Vagina Monologues produced at campuses around the nation. The open question is whether or not they’ll get to portray the “good rape” scene. Wendy McElroy in a column for LewRockwell.Com notes that the Feminist.Com press release specifically warns colleges thinking about performing the play that they will be given a special script and,

You must use the version of the script of “The Vagina Monologues” that is included in the Performance Kit that you will receive. No other version of the play is acceptable for your production. Do not use the book of the play or versions of the script from previous College Initiatives. The new script must be followed. You may not edit any introductions or monologues. And you may not exclude or change the order of any of the monologues.

McElroy speculates that the V-Day folks want to do a little rewriting of history and exclude the now infamous “good rape” scene.

Either way, the play and the reactions to it will provide yet more examples of the intellectually bankrupt nature of the radical feminist enterprise. Take this quote, included in the Feminist.Com press, from a woman who staged the play, release intended to show the life altering potential The Vagina Monologues possesses:

“Overall, I loved how I felt being part of a movement that empowers women. During the months leading up to the performances, and especially during the few weeks just prior to the event, I relished in the fact that I was able to use the word “vagina” in my everyday vocabulary. Every time I saw a cast member on campus, we would speak loudly and confidently about how excited we were to be part of “The VAGINA Monologues.” During staff meetings and in casual conversation with College Deans, I would ask of they were going to attend “The VAGINA Monologues.” In dining halls, the campus store, in libraries, bars and restaurants, it was my favorite topic of conversation. Because of the College Initiative, I said VAGINA at least a dozen times a day for two months, and I was able to reclaim it as a word.”

All that rhetoric about seeing women as more than sex objects and respecting women as moral, social and political equals; now it turns out that the big message of radical feminism is that women are nothing more than sex objects after all (who can benefit from a “good rape” even), and the path to liberation is saying “vagina” three times.

OTC the Pill Already

The U.S. Food and Drug Administration is considering reclassifying a number of prescription drugs and turning them into drugs that would be available over the counter. Among the drugs under consideration for OTC status is the birth control pill. Such a move is long over due.

There is already some precedent for making this move. In some states pills that induce abortion can already be dispensed by pharmacists which makes them effectively over the counter drugs. Why not make the Pill, which hundreds of millions of women have safely taken, available without a prescription as well? Why shouldn’t a woman be able to walk into a drug store and buy birth control pills without going to see a doctor first?

The main argument against making the Pill available over-the-counter are the tired old paternalist arguments about protecting patients from themselves. Although the Pill is a relatively safe drug, a small percentage of women will have side effects and need to consult a physician to find the best drug for them. But this problem is no more egregious than the side effects that other OTC drugs have — after all aspirin is a potential killer when taken by certain people, yet it’s been available over-the-counter literally since it was first widely available.

It’s very important to have the convenience of popping down to a drug store for an aspirin or ibuprofen pain killer, and the same sort of freedom and convenience should be extended to birth control drugs.

Ironically while only one major anti-abortion group, the American Life League, has weighed in decrying the move to make birth control easily available without a prescription, the National Abortion and Reproductive Rights League and Planned Parenthood are both oddly ambivalent about the whole issue. Salon quotes NARAL attorney Elizabeth Arndorfer as saying, “Using emergency contraception is a one-time thing that many recent studies have shown to be effective. But there are contraindications for some women using the birth control pill longer term. It may be better for a doctor to keep an eye it.”

So women are intelligent and capable of making the choice for themselves whether or not to have an abortion, but they are too irresponsible to seek out information on the birth control pill and decide for themselves whether or not to take it.

Women are not simply moral patients, they are moral actors. Women are more than capable of deciding for themselves whether or not to take a drug such as the Pill. The FDA should approve the Pill for over the counter sales as soon as possible.

Sources:

The silence of the Pill. Leah Kohlenberg, Salon.Com, July 10, 2000.

No prescription for the pill?. CNN, June 29, 2000.

NOW’s Abortion Lawsuit Threatens Freedom of Expression

The fundamental problem with American
politics is that it is largely unprincipled. Groups and lobbies often
seem more interested in getting their own outcome — regardless of the
methods they need to use.

This simple maxim was underscored
with last week’s unanimous Supreme Court ruling that Planned Parenthood
could sue Operation Rescue and other pro-life groups under the Racketeer-Influenced
and Corrupt Organization laws. Planned Parenthood’s “victory”
is nothing less than a stunning blow to the very freedom and choices that
the organization pretends to cherish so deeply.

RICO was passed in 1970 in an effort
to give prosecutors a bigger weapon against organized crime. Congress
wanted to make it easier to go after legitimate businesses that had been
infiltrated and controlled by organized crime outfits.

RICO never did make much of an
impact on organized crime, but prosecutors and other groups were more
than willing to use its provisions for political purposes. The Reagan
administration, for example, encouraged the use of the RICO statutes to
crack down on pornography.

In 1988, The Nation reported
the story of Dennis and Barbara Pryba who owned three adult bookstores.
In 1987 they were charged and found guilty of selling six obscene magazines
and four obscene videotapes. Under RICO, which only requires two criminal
acts to apply, this made the couple an organized crime racket and the
government seized over $1 million in property from the couple.

Reagan’s Attorney General Ed
Meese set up a special anti-obscenity task force whose sole purpose was
to use the RICO laws to drive adult bookstores out of business.

What Meese and Reagan never understood
was that restricting speech can cut both ways.

When a machinists’ union claimed
that Texas Air was violating airline safety rulings, Texas Air promptly
sued the union claming that such criticism constituted “a pattern
of racketeering activity.”

When John Spear, editor of a small
weekly newspaper in New York criticized the way police in West Hartford,
Conn., handled abortion protesters, West Hartford sued him under the RICO
statute, claiming his editorials were an attempt to intimidate West Hartford
police. They argued that Spear’s damaging criticisms constituted
an extortion attempt.

And now the Supreme Court has ruled
that RICO may be used against antiabortion groups.

The National Organization for Women
argued that Operation Rescue had engaged in a conspiracy of racketeering
to run abortion clinics out of business. Operation Rescue concedes it
want to see abortion clinics out of business, but argued that since its
motivation was political and not economic, RICO could not be used against
the organization. The Supreme Court ruled that the motivation of the group
is immaterial to whether or not RICO may be applied.

NOW’s case against Operation
Rescue will now go to trial. If it can convince a jury that blocking entrances
to abortion clinics constitutes a form of extortion, or if it can tie
a couple members of Operation Rescue to other criminal acts, such as bomb
threats, it can probably put Operation Rescue out of business.

This is a horrible application
of RICO and one that will be felt in other areas besides the conflict
over abortion.

“Under this decision, Martin
Luther King Jr. would have been a racketeer,” Randall Terry, founder
of Operation Rescue, told The New York Times. “What I’d
say to the AIDS activists, the anti-nuclear groups, the animal rights
people, is get your affairs in order and line up, because you’re
next.”

If abortion clinics can use the
RICO statutes against abortion protesters, what’s to stop corporations
from using it against animal rights protesters?

“Animal rights activists sometimes
use peaceful, non-violent protests … and we’re concerned that this
kind of decisions is going to chill that First Amendment activity,”
Todd Davis, a lawyer for People for the Treatment of Animals, told USA
Today
.

In fact NOW might eventually find
itself on the other side of the RICO law.

Given the shaky grounds that Roe
v. Wade was construed on, and the clear desire by some Supreme Court justices
to overturn the decision, it’s not inconceivable that the Supreme
Court might turn the issue of abortion back to the states. Operation Rescue
then might find use for this law in going after pro-abortion groups and
protesters.

By attacking Operation Rescue with
RICO, NOW has demonstrated that achieving its short-term political aims
is more important than preserving the First Amendment protection guaranteed
to all Americans.

Someday, NOW might regret that
decision.