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.
93 Comments:
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!
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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
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.)
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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.
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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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4/09/2006
Giving a italian jewelry to someone you care about is a message of caring. There are so many great local resources now for italian jewelry . It is easier than ever to pick up the phone or go online and find italian jewelry.
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4/18/2006
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2/13/2007
Really great blog I've bookmarked it - now some really important bits of financial advice - as it is along the same lines I thought I would share this info with you.
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2/16/2007
Nice blog!! I'm into internet traffic report and to drive traffic to my website I signed up free for this superb traffic gereating tool - I now have loads of hits to my websites and blogs. This can see your affiliate commission shoot through the roof - meaning lots of extra money coming in for you and your family. Sign up now - it's free.. Best of luck, cheers for now, dave.
2/19/2007
Good blog - very interesting!! Thought you might like some excellent advice on driving extra traffic to your website/blog - I'm into linux server and to drive traffic to my website I was searching around the internet for absolutely ages looking for SEO tools to fire my site up the Google search engine, then I signed up free for this superb traffic gereating tool - I now have loads of hits to my websites/blogs and my site is shooting up the Google rankings quicker than ever before.
Consequently this can see your affiliate commissions shoot through the roof - meaning lots of extra money coming in for you and your family. Sign up now - it's free.. Sorry if this information is of no use to you but seeing as you have the anonymous feature enabled I thought I should share this free bit of essential promotional advice with you and would hope you would do the same for me.
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2/20/2007
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3/31/2007
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Hi matey
I'm sure it was this blog I was reading a while back where someone was looking for an SEO tool for driving more traffic and get more hits for their website.
Anyway, I was speaking to a techi guy at work who gets to know all the latest stuff and he uses the free Link Referral Program at http://marketingexperts.wordpress.com.
His website on internet home business amongst other stuff has seen traffic explode since he started using the Link Referral Program - consequently his affiliate sales commissions and business sales went through the roof PLUS his website increased in google ranking which was an added bonus!!
If anyone else has any good ideas for driving more traffic to blogs/websites then please share with your online business blog buddies. Ta ;-)
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4/15/2007
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