Abortion+Wave+3+Neg+Updates

Abortion+Wave+3+Neg+Updates -...

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cdbee2c1c70a9d0be4cedd8aceff0848ffeb5658 Dartmouth 2K9 1 Last printed 0/0/0000 0:00:00 AM 1
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cdbee2c1c70a9d0be4cedd8aceff0848ffeb5658 Dartmouth 2K9 2 Equal Protection Fails Equal Protection spurs a backlash against feminism Kristina M. Mentone , Fordham Law Review, May 20 02 , “WHEN EQUAL PROTECTION FAILS: HOW THE EQUAL PROTECTION JUSTIFICATION FOR ABORTION UNDERCUTS THE STRUGGLE FOR EQUALITY IN THE WORKPLACE,” LEXIS Privacy and autonomy arguments approach the right to abortion from a gender-neutral perspective , at least insofar as social roles are concerned. n304 These arguments do not rely on the social roles of men or women, nor do they advocate for abortion primarily on the basis that women are in any way controlled by men. Rather, privacy and autonomy arguments are premised on the notion that continuing a pregnancy is a major life decision that women are capable of making . Accordingly, government should not force or coerce a woman's ultimate decision. The idea that an individual should maintain control over her body and make decisions for herself regarding procreation is compelling. The burden and implications of pregnancy are great, and no law should require a person to serve as a human incubator. A woman's decision whether or not to bear a child should therefore be both private and autonomous. While the privacy argument recognizes a woman's autonomy and affords sufficient protection to a woman's right to abortion, the equal protection argument does not . The latter fails to recognize the importance and seriousness of deciding to carry a pregnancy to term , [*2690] regardless of the woman's situation in life. A major line of reasoning underlying the equal protection argument is that , absent abortion rights, women would be forced to become mothers and motherhood is thought to place women at a distinct disadvantage in society by hindering both their educational and professional pursuits . n305 Mothers are considered to bear most of the weight of childrearing, which disables them from competing equally with men (even those that are fathers) in the workplace. n306 Thus, equal protection proponents argue that abortion is necessary to allow women to postpone childbearing so that they can pursue the goals that motherhood hinders . n307 Additionally, the equal protection argument is based on anti-caste principles, which indicate that the law must remedy the traditional subordination of women. As MacKinnon pointed out, the equal protection argument for abortion is meant to cure the sexual and societal domination of women by men . n308 According to this argument, a history of sexual control by men has caused women to live as second-class citizens in fear of men. n309 MacKinnon attacks men as a group for controlling women, raping or coercing them into having sex, and then disappearing when it comes to raising a child. n310 Doubtless, sexual violence is a problem in society, and women are the primary targets of such violence, but the notion that
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This note was uploaded on 12/20/2010 for the course K 101 taught by Professor Staff during the Fall '10 term at UMass Lowell.

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Abortion+Wave+3+Neg+Updates -...

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