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Who Didn’t See This Coming?

It’s always about control

Amanda Marcotte:

A pair of Texas professors figured out that their female students have sex and, boy, they do not like it. So now the philosophy professor and finance professor are suing for the right to punish their students who, outside of class, have abortions.

“Pregnancy is not a disease, and elective abortions are not ‘health care,'” University of Texas at Austin professor Daniel Bonevac sneers in a federal court filing with professor John Hatfield. Instead, Bonevac writes, because pregnancy is the result of “voluntary and consensual sexual intercourse,” students should not be allowed time off to get abortions. If the students disobey and miss class for abortion care, the filing continues, the professors should be allowed to flunk students. Additionally, Bonevac asserts that he has a right to refuse to employ a teaching assistant who has had an abortion, calling such women “criminals.”

Your hang-ups are showing

The sexual hang-ups of abortion opponents are rarely far from the surface, but even by those low standards, the unjustified male grievance on display in this new Texas lawsuit is a doozy. At issue are federal regulations, called Title IX, first signed into law by President Richard Nixon in 1972. They currently bar publicly funded schools from discriminating on the basis of sex or gender. This means that schools cannot penalize students for health care based on sex. As a male student would be granted leave if he had to travel for surgery, so must a female student, the federal statute requires. The two men argue that granting students an excused absence in such cases violates their First Amendment rights.

Even though the plaintiffs suing for the right to flunk female students for abortion include boilerplate arguments in which they feign concern that abortion is “killing,” the legal filing makes it clear that what really outrages Bonevac and Hatfield is that Title IX prevents them from controlling the private lives of students. Along with their anger about abortion, they  grouse about not being allowed to punish students “for being homosexual or transgender.” They also argue they should be able to penalize teaching assistants for “cross-dressing,” by which they appear to mean allowing trans women to wear skirts.

Oh, and they went judge shopping:

Even though Bonevac and Hatfield work in Austin, Texas, they filed their lawsuit 486 miles away in Amarillo, Texas. The reason for this is not mysterious: Donald Trump-appointed judge Matthew Kacsmaryk. The right-wing judge has a long and frankly unhinged history of screeching at top volume about the evils of “sexual revolutionaries.” (Yes, that does sound like a compliment, but he doesn’t mean it as such.) It takes very little to draw Kacsmaryk’s sexualized condemnation. Premarital sex, for instance, makes one a “sexual revolutionary.” Using contraception within marriage also makes one an irredeemable pervert. In his legal writings, Kacsmaryk is very clear that sex is only for procreation within marriage, and anything outside of that should draw legal sanction. He has not weighed in on whether there should be restrictions on what sexual positions are legally permissible within the procreation-only marital sex, but give him time. 

Change is hard, boys. Are you manly enough to handle it?

Daniel Bonevac & John Hatfield

White privilege? Meet white male entitlement. You’re MFEO.

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