Mouse rant blog vent mouse.

Saturday, January 01, 2005

Can we admit that "unborn child" is just a euphemism?

As usual, it's a euphemism that mostly means that pregnant women are not citizens and shouldn't have rights.

A Spokane woman trying to divorce her estranged husband two years after he was jailed for beating her has been told by a judge she can't get out of the marriage while she's pregnant.

The case pits a first-year attorney who argues that state law allows any couple to divorce if neither spouse challenges it against a longtime family law judge who asserts that the rights of the unborn child in this type of case trump a woman's right to divorce.

"There's a lot of case law that says it is important in this state that children not be illegitamized," Spokane County Superior Court Judge Paul Bastine told The Spokesman-Review newspaper.

Getting a woman pregnant is not really the human equivalent to the canine practice of peeing on a tree. Initially, I was flummoxed at the idea that there is this new right to be born to married parents, which just can't be true, as we don't force shotgun weddings on people. Also, in this case, the child isn't even the husband's.

Hughes' husband, Carlos, was convicted in 2002 of beating her. She separated from him after the attack and filed for divorce last April. She later became pregnant by another man and is due in March.

Still confused, I mulled over the use of the word "illegitimate". That word has nothing to do with the child, really. Babies look and act the same regardless of the cultural construct we call "marriage". The concept of legitimacy has much more to do with the state of the mother at the time the child is born--is she married or not? It's an ancient concept that is slipping out of use, because we don't have the social structures to support it. If you view women as property of men, then legitimacy makes much more sense.

The field analogy is the one this judge is working with. Divorcing her husband while pregnant would be like trying to sell land when the crops haven't been harvested. Too confusing--do the crops belong to the original owner of the land or not? The solution in this case would be to harvest first and then figure out what to do with the land, and that's the judge's solution.

But women are not fields and children are not crops. This is not a property dispute between the owner of the land and the provider of the seed. This is about a woman, who is a parent in her own right, trying to live her life as a soverign citizen, which appears to be an appalling and all too confusing notion for this judge to embrace. The reasoning on this decision reminds me of the reasoning when I was buying my house and we had to wait for the roof to get fixed before we could buy it.

I feel terribly naive when I see stuff like this. I am still shocked at stories of people who just can't or won't grasp that women's bodies are not property to be sized up and divided like plots of land.

Via, as usual, Steve Gilliard.

Edited to add: This is setting a weird precedent, a return to the definiton of "father" being "married to mother", not "biological father". Perhaps we can expect the forced-paternity-testing crowd to go crazy in defending this woman's rights? I'm guessing not, but one can alwasy hope for a little logical consistency.

482 Comments:

Blogger Jean Dudley said...

You know, Mouse, it amazes me how alike we think, even if our method of delivery differs wildly.

http://jeansvoice.blogspot.com/2005/01/i-found-this-disturbing.html

BTW, I have a friend who says "There are no illegitimate children, only illegitimate parents".

Sing on, sister, sing on!
Jean Dudley

1/01/2005

 
Blogger Kameron Hurley said...

This is one of the weirdest things I've ever heard. Worse: it's something that, once heard, I assumed was coming out of Mississippi.

Spokane, WA?

I'm going to go read a fantasy novel or something. "Real Life" is feeling more like the year 800.

1/01/2005

 
Blogger Brad Warbiany said...

" 'There's a lot of case law that says it is important in this state that children not be illegitamized,' Spokane County Superior Court Judge Paul Bastine told The Spokesman-Review newspaper."

That's about the most asinine thing I think I've ever heard. Somehow it's better that the child be born to married parents, who then immediately divorce? That makes the child more "legitimate"?

I know that if I were 18, and my parents told me they wanted to divorce before I was born, but they waited until just after instead, it would make me feel *SO MUCH* better.

And considering the history of domestic violence, they'd be separated until the baby was born anyway.

I just don't see the logic here...

1/01/2005

 
Blogger Trish said...

The baby isn't even his! I don't think this is so much about a child being illegitimate as much as it is about the child supposedly being born "fatherless." Mothers raising children alone aren't considered a "real" family - it's gotta have a daddy at the helm to make it "legitimate." That woman has been turned into the property of a man who went to jail for beating her. This really sucks. That judge is living in the stone age.

1/01/2005

 
Blogger mythago said...

Trish has it on the money. A child born to divorced parents is not "illegitimate," as if that category means anything under the law. (It doesn't. The child will have acknowledged paternity.)

1/01/2005

 
Anonymous Anonymous said...

It's pretty unbelievable.... how about this:

"It's not the child's fault that mom got pregnant," Bastine said. "The answer is, you don't go around doing that when you're not divorced."

Sounds like the judge wants to punish her by not letting her get the divorce.

--florine

1/03/2005

 
Anonymous Anonymous said...

The reason behind the ruling is that the judge is trying to get a man obligated to pay child support, and the claim is absolute on a husband, whether or not the child is his, whereas a boyfriend of an unmarried woman is a harder target. I am not justifying this, merely stating that the state interest seems to be in maximizing the likelihood that it won't have to support the child through welfare/TANF.

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Body Fat : When you think about losing weight, more importantly than weight is the amount of fat you are carrying around.

Do Not Forget the Teeth : Often the care of teeth and gums is overlooked as potential health risks.

Be Careful with the Sun : Everyone loves basking in the warm sun, especially if it is lying on a beautiful sandy beach.

Give your Eyes a Rest : Most jobs in today's society require the use of a computer.

Breast Exams : Make sure you conduct regular breast examines.

Make Time for Intimacy : If you are married, be sure to make time for intimacy in your relationship.

Puffy Eyes : If you battle with puffy eyes or dark circles that make you look worn out, do not feel alone.

FITNESS : Fitness is just as important as health, and in reality, fitness correlates directly with our health.

Squats : Squats are excellent for glutes, hamstrings, quads, and calves.

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Get Ready to Run : Before any workout, always warm up.

Resistance : The next time you work out try adding some resistance to your routine.

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Bowling : Get some exercise by joining a bowling league.

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Puffy Eyes : If you battle with puffy eyes or dark circles that make you look worn out, do not feel alone.

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Squats : Squats are excellent for glutes, hamstrings, quads, and calves.

Get to the Gym : Working out at home is a good option and for some people

Get Ready to Run : Before any workout, always warm up.

Resistance : The next time you work out try adding some resistance to your routine.

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Bowling : Get some exercise by joining a bowling league.

Fitness and Food : Certain foods provide specific benefits for people who workout.

Diabetes and Exercise : Aerobic exercise can actually be beneficial for people with diabetes.

Check your Pulse : As you exercise, it is to your advantage to keep track of your pulse rate.

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