Men's Rights Group Files Federal Lawsuit Claiming Michigan Child-Support Law Violates Reproductive Rights For Men

Main Category: Abortion
Article Date: 14 Mar 2006 - 9:00 PDT

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The men's rights advocacy group National Center for Men on Thursday filed a lawsuit with the U.S. District Court in Detroit claiming that a Michigan child-support law is unconstitutional because it violates reproductive rights established in Roe v. Wade -- the 1973 Supreme Court case that effectively barred state abortion bans -- the AP/Boston Globe reports. The suit claims that a lack of reproductive rights for men violates the equal protection clause of the Constitution (Crary, AP/Boston Globe, 3/9). Attorney Jeffrey Cojocar said he is filing the lawsuit for NCM on behalf of Saginaw, Mich., resident Matt Dubay, who recently was ordered by Saginaw County Judge Patrick McGraw to pay $475 monthly plus half of all health care expenses for his eight-month-old daughter under the Michigan Paternity Act. Dubay says he began dating a woman in 2000 who told him she was using contraception and had physical conditions that prevented her from becoming pregnant, adding that the woman told him she was pregnant soon after they stopped dating. Dubay said he and the woman discussed adoption, adding, "She considered an adoption but then quickly stopped listening." The suit names the woman and the Saginaw County prosecutor as defendants.

Reaction
"It's just not fair," Dubay said, adding, "She has options in this. As a man, I have no options and am forced to live with her choices" (Shepardson/Lacy, Detroit News, 3/9). According to an NCM release, the group will argue that "at a time of reproductive freedom for women, fatherhood must be more than a matter of DNA: A man must choose to be a father in the same way that a woman chooses to be a mother" (NCM release, 3/9). However, Michigan Attorney General Mike Cox (R) said, "If the subject is child support, our focus should be on children, not on squabbles between the parents." Leslie Sorkhe, director of operations for the Association for Children for Enforcement of Support, said children "nee[d] the emotional as well as financial support of both parents. The child is entitled to his or her equal protection under the law." Renee Beeker, legislative vice president of the National Organization for Women Michigan Chapter, said the suit implies that women have the lone burden of preventing pregnancy. Cojocar said getting the courts to agree with the lawsuit will be "difficult," adding, "But we want the law applied equally between sexes" (Detroit News, 3/9).

ABCNews' "World News Tonight" on Thursday reported on the case. The segment includes comments from Dubay; Mel Feit, executive director of NCM; Kim Gandy, president of NOW; and the woman named as the defendant in the case (Harris, "World News Tonight," ABCNews, 3/9). Complete video of the segment is available online.

In addition, APM's "Marketplace" on Thursday reported on the case. The segment includes comments from Roy Barreca, public relations director for NCM, and Melanie Jacobs, professor of law at Michigan State University College of Law (Gardner, "Marketplace," APM, 3/9). The complete segment is available online in RealPlayer.

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