“…In regard to the only issue that I consider properly before the Court, I agree with the State’s argument that the Equal Protection Clause is not violated when Illinois gives full recognition only to those father-child relationships that arise in the context of family units bound together by legal obligations arising from marriage or from adoption proceedings…The Illinois Supreme Court correctly held that the State may constitutionally distinguish between unwed fathers and unwed mothers. Here, Illinois’ different treatment of the two is part of that State’s statutory scheme for protecting the welfare of illegitimate children…Court today pursues that serious business by expanding its legitimate jurisdiction beyond what I read in 28 U.S.C. 1257 as the permissible limits contemplated by Congress. In doing so, it invalidates a provision of critical importance to Illinois carefully drawn statutory system governing family relationships and the welfare of the minor children of the State. And in so invalidating that provision, it ascribes to that statutory system a presumption that is simply not there and embarks on a novel concept of the natural law for unwed fathers that could well have strange boundaries as yet undiscernible…”- STANLEY v. ILLINOIS, 405 U.S. 645 (1972); dissent by Justices Burger & Blackmun
“The feminist quest for female fungibility with males has led the women’s movement to support the invalidation of laws benefiting and protecting women. This was the thrust, for example, of litigation directed by Ruth Bader Ginsburg when she was director of the Women’s Rights Project of the American Civil Liberties Union and , often using male plaintiffs, secured invalidation of laws that favored women…one of the benefits women have lost is the maternal preference which favored awarding custody to the mother…In order to secure custody, many women will drastically compromise their financial interests: ‘women who are scared to death of losing custody will trade away anything else- child support, property, alimony to keep it from happening.'”
40 YEARS LATER:
“Prewitt revealed that what she discovered was that the majority of U.S. states, 31 in total, have no laws that prohibit a rapist from exercising custodial rights. A woman is forced to risk her own legal rights to have the rapist brought to trial in exchange for the man dropping his interests in interacting with the child.”
“Another survivor, a 14-year-old girl, decided to give up her baby for adoption. She was required by law to give notice of the adoption to the rapist, an adult man. While she was permitted by a court to give up her rights to the child, the rapist retained his and then sought child support payments from her,” the lawyer writes. “Another survivor, who gave birth to twins after a date rape, raised them peacefully with her intimate partner until they were five years old, at which time the rapist learned of their existence and filed a lawsuit to establish his paternity and gain visitation rights, and attempted to use the mother’s sexual orientation against her in the legal proceedings.”
1. Graglia, C.F. “Domestic Tranquility:a brief against feminism,” p. 295. Spence, 1998.