Examining Abortion Laws Through American Society's Lens

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In American society, which includes a multitude of variance in the population regarding ethnicity, race, and religion etc., the emergence of multiple contrasting opinions dealing with the dispute of such a fragile topic as abortion comes as no surprise. This discrepancy in perspectives on whether individuals should or should not have control over potential human life has led to an overarching public debate and many cases supporting either side have been brought to court. When these cases are trialed, the court bases its rulings mainly according to the situation of the unborn child’s mother, whether it be health, age, money etc., where she is ultimately given or denied the right to decide how she would like to proceed with the pregnancy. However, …show more content…

However, as is prevalent in many states, the mother can decide to “disclaim parenthood” (Dubay v. Wells) through abortion or to keep the child, while the father has no control over the final outcome. In 2004, a man named Mathew Dubay went to court against the state of Michigan for only granting mothers the right to decide the fate of the unborn child, which he claimed violates the Equal Protection Clause of the Fourteenth Amendment. In his situation, Dubay was lied to by his sexual partner about her being infertile and was now liable to pay for child support according to the Michigan Paternity Act. Although Dubay was clearly wronged in his case, the court ruled that the Paternity Act in no way transgressed the Equal Protection Clause because the clause essentially states that “persons similarly situated should be treated alike” (Dubay v. Wells), in which the State has the power to determine the situations of each individual. Therefore, they ruled that since women undergo physical bodily changes and are effected a great deal more than men during the pregnancy, the two can be classified as different circumstances and wouldn’t violate the father’s personal liberties. Although the court cut the case loose through a glitch, justice did not prevail and the victim of this case, Dubay, was subjected to an inequality of

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