On Monday, five Georgia state legislators introduced a bill that would require all men over the age of 55 to report to law enforcement every time they ejaculate sperm. The bill obviously has no chance of passing, and is meant to make a statement about a bill that did recently pass which makes abortion illegal in Georgia after about six weeks of pregnancy, when doctors can detect a heartbeat from the fetus, but also more generally about how men, particularly older, white men, use legislation to exercise control over women’s bodies.
The nation’s abortion laws are constantly under attack, predominantly from groups on the religious right. They seem to think they are the only ones concerned with the ethical issues surrounding abortion, as if the women facing that choice have little or no concern about ethics. There are women as well as men in the anti-abortion groups. The women should know better than the men the difficult nature of the decision to abort a pregnancy, yet they still favor taking the decision away from the person most concerned with making it.
Micrograph by scanning electron microscope of human sperm cells magnified 3140 times. Pore size of the polycarbonate filter in the background is 1µm, or 1 micrometer.
Since the ethical questions will likely never be sorted out to the satisfaction of all parties, we can only resort to legal answers. There is in this country something called the Equal Protection Clause of the Fourteenth Amendment to the Constitution. Since it was adopted shortly after the Civil War, it was initially intended to apply to recently freed slaves, to ensure they received equal protection as citizens under the law regardless of their former status. The Equal Protection Clause has been invoked on behalf of many other causes in the past 150 years, and it seems it should apply to the abortion debate regarding how one class of citizens – women – are subject to laws that do not apply to another class of citizens – men.
Of course there are many physiological differences between men and women, perhaps the most important being that men do not carry an egg, fertilized or not. Men do contribute their sperm toward fertilizing women’s eggs. It seems that if men are not willing to cede legal control of their sperm to make sure it does not contribute to unwanted fertilization of eggs, then they should be willing to relinquish all legal oversight of fertilized eggs in women’s bodies. The eggs reside in women; that’s just the way it is.
Michael Palin sings “Every Sperm Is Sacred” in the 1983 film Monty Python’s The Meaning of Life. It’s not only Catholics who espouse this philosophy, but religious people generally.
Until such time as legal, medical, and ethical considerations are sorted out regarding whether men can have fertilized eggs or fetuses implanted within them, it seems they should have very little to say about women’s unwanted pregnancies. That a woman is contemplating aborting her fetus suggests a man has already expressed himself inappropriately. Men should leave women in peace to make the hard decision to abort or not to abort. It’s in the complications following the latter decision, after all, that men and all of society can contribute positive energy to the new mother and her baby to make life better for them instead of continuing to add to their troubles.