Some time back there was a fellow in the news named Matt Dubay, a man who was claiming that Michigan’s paternity law is unconstitutional because it didn’t give him any ‘choice’ in whether to become a father.

The interesting thing about this suit is that it points out the inherent contradiction’s in the current legal understanding of sex in the United States. On the one hand, a woman must be given a ‘choice’ as to whether or not to be pregnant after she has already conceived, and so abortion is legally mandated. On the other hand, a man is considered to have already made himself financially liable for any children conceived from the moment that he has sex. Thus, in the man’s case, US law recognizes a traditional understanding of what sex is (an act that can naturally be assumed to be fertile) while in the woman’s case sex is merely considered an act which may bring on a transitional condition in which a woman has conceived yet has not yet decided whether or not she wants to actually be pregnant.

Clearly, being pregnant (and caring for a child) is a far, far greater burden for a woman than for a man, so one can see how (thinking with its heart rather than its head) our country got itself into this position. But it’s still a pretty untenable position to be in. Clearly, one must say either than sex is an act which has the inherent potential to create another human person, or it is not. One of these positions, of course, has the benefit of being true, while the other might be convenient for some, but is quite provably false.

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