His Sperm Needs Some Culpability Here
by Elaine Gilmartin
What I propose is this. Should this heinous Supreme Court draft attacking Roe actually come to pass, women ought to harness the power of the courts to exact real pain.
Since Alito and his compatriots seated on the Supreme Court are making the case to deny women full personhood in deference to primacy of the embryo, which I don’t recall was mentioned in the Constitution either, we have to use every tool in the arsenal.
As this attack is in reality an effort to promote authoritarianism by scaling back the economic and political empowerment of women and is anything but preserving the sanctity of life, let’s hit back.
As a twist on Texas Governor Abbott’s Senate Bill 8 in which virtually anyone can sue someone aiding or performing an abortion, let’s sue the catalyst for the reason for needing an abortion in the first place, given that women do not impregnate themselves.
I propose civil lawsuits based on the premise of the Unlawful Use of Sperm. Seeking compensation for damages is the most common reason for civil lawsuits in which the plaintiff pursues monetary compensation for personal injury, as in forced impregnation.
Someone, either deliberately or through negligence-oops, expired condom!-has caused you bodily harm, you can demand payment for hospital bills or lost wages…if you are no longer able to fully enjoy life and do the things you love, you can seek compensation for emotional distress.
Seems to me the floodgates can really open here. Hmm…nine months of medical care, possibly short term disability if bed rest is needed, hospital costs for labor, maybe premature birth and insanely high NICU costs, loss of wages postpartum, but maybe much longer if there is job loss resulting from the pregnancy.
Maybe the pregnancy is a result of rape or incest and it is the government standing in the way of the child or woman aborting the criminal’s offspring. After all, U.S. citizens have the right to sue both the state and federal government, meaning you can receive compensation if you were hurt or harmed by a government agency or employee. I would certainly say a twelve year old forced to carry her…