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Originally Posted by host
will, I trust your judgment, your ethics, your stated objection to abortion, along with your commitment not to seek to outlaw it, and....even with all of that said, I see you describing a police interrogation where the subject does not have the option of asserting a right to refuse to incriminate herself.
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If no law has been broken, then it's not an interrogation in which one can plead the fifth. In other words, the answer to "Who is the father?" probably won't be "I killed a guy.", it will probably just be "John Doe" or "I don't want to tell you." Perhaps, considering this is not a criminal investigation, the idea of holding one accountable for lying to the police would be the wrong way to go. Maybe a new term, such as "failure to notify", would be more apropos. I dunno.
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Originally Posted by host
This has developed from an understandable concern for men not being bypassed in a decision process that they have a stake in, a compelling interest to be included in, but now you've conjured up in my mind, armed men in uniform, questioning a woman to gain contact information about her sex partner(s).
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I can't remember writing anything about them being armed. I'm not even set on the idea that the people the woman answer to will be police. They can just be the workers at the clinic or hospital where the procedure will occur.
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Originally Posted by host
Describe the methodolgy of enforcing your proposed notification steps and requirements, and I'll tell you whether it goes beyond my concept of a "foot in the door", "line in the sand". I think it would have some potential if the female were to forfeit something, other than her right to choose, if she did not comply with notification [requirements].
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I can think of quite a few types of enforcement that could be used. One thing that I absolutely won't use is the right to abort. Hanging that over a woman's head is a clear violation of Roe v. Wade. One possibility might be community service. Say she has to serve food in a homeless shelter for 20 hours or something else that's not physically difficult (after all, recovery from an abortion can be physical). Another possibility might be some kind of mark on her police record, tantamount to a loitering charge or something else that's minor.
The problem is that I would want something that makes them think, "I don't really want *insert punishment here*, so I might as well just let the guy know", but I don't want it to be a serious punishment so that it seems like they're being punished for having an abortion.
Do you have any thoughts on a punishment you'd be comfortable with?
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Originally Posted by host
If it wasn't for the fact that a mother cannot forfeit her child's right to paternal financial support, other than delay or denial of abortion services, or criminalization and enforcement of notification....it seems inconsequential if it isn't mandatory, I don't see how notification could be guaranteed or even the routine reaction.
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It's a conundrum, yes. The paternal notification is one of two or three options concerning paternal rights over a fetus are concerned. I've just concentrated on it because I thought of it first and it could have helped someone I know.
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Originally Posted by host
If you can propose a way, I'd want to read it. I've gotten past my objection to the invasion of privacy of a new requirement to even volunteer to give information about sexual activity and sexual partners to a party other than a medical services provider, in strict confidence, solely for the purpose of potenitally involving the male partner. Because I view this as the road to a "foot in the door", and because I see common, if not frequent instances when a woman would not want to participate in or volunteer for notification, I can't visualize a proposal to do notification that would have any teeth.
I see a process that would turn into what you touched on...risk of perjury, and questioning by police, a judge, or both. In the process of compromising, one side has something the other side wants, and is willing to offer in return. The reason I asked if you would be possibly opting to challenge the right to choose, if you cannot achieve what you want via compromise, is because it would probably be the best way to negotiate a compromise.
I can see a day where abortion providers are required to have a pamphlet urging paternal notification, prominently displayed in an initial interview area for pregnant prospective clients. The potential for mandatory counseling is the added agenda of lumping enough required curriculum to extend the counseling into the third trimester.
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That's not a bad idea. I mean it has no teeth beside simply being annoying to have in one's face, but if it does help someone then I would consider it a victory.