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Dubay v. Wells, or theMatt Dubay child support case, was an Americanlegal case in 2006 between Matt Dubay and his ex-girlfriend Lauren Wells, both ofSaginaw Township,Michigan. The case was dubbed "Roe v. Wade for Men" by theNational Center for Men.[1] The case concerned whether the Michigan Paternity Act violates theUnited States Constitution'sEqual Protection Clause, in that the Act allegedly applies tomen but not towomen.[citation needed]
In the fall of 2004, Dubay and Wells became involved in a romantic relationship. Dubay claimed in court documents that he informed Wells he had no interest in becoming a father. He also claimed in court documents that in response, she said she was infertile and that, as an extra layer of protection, she was using contraception.[2]
The parties' relationship later deteriorated. Shortly thereafter, Wells informed Dubay she was pregnant, allegedly with his child. She chose to carry the child to term and the child was born on an unspecified date in 2005. Dubay claimed in court documents that he consistently told Wells that he did not want to be a father, throughout the pregnancy, and after the birth of the child.[3]
The specific legal challenge in the case was based on whether Michigan's child support laws apply to men and women equally. If not, then it was argued by Dubay that they violateEqual Protection. Jeffrey Cojocar, Dubay'sattorney, maintained that Michigan does not force women to make child support payments for children that they do not want to parent, and accordingly, men should not have to either.[4]
The argument made by the state of Michigan, as well as by theNational Organization for Women and the Association for Children for Enforcement of Support, was that the needs of the child for support from both parents outweigh any of the circumstances surrounding thebirth.[citation needed]
The argument for why the case paralleled theRoe v. Wade ruling by theUnited States Supreme Court was that inRoe v. Wade, it was decided that women have the ability to decline parenthood in the event of anunintended pregnancy. This case was claimed to be about giving men that same reproductive choice,[5] by offering the possibility of a "financial abortion".[citation needed]
Additional issues involved in the case were whether a man should have responsibility placed on him when his decisions were based on misleading information provided by someone else about her ability or intentions to have a child, and whether states pursue men too aggressively for child support payments due to the financial incentives they have to avoid having to providepublic assistance.[citation needed]
On March 9, 2006, the National Center for Men challenged the child support order inDistrict Court. Michigan'sAttorney Generalmoved to dismiss the case, and on July 17, 2006, District Court Judge David M. Lawson agreed and dismissed Dubay'slawsuit.[6]
The National Center for Menappealed the case to theUnited States Court of Appeals for the Sixth Circuit on May 14, 2007.Oral arguments began September 10, 2007, and in November the appeals court affirmed the District court decision, notingprecedent stating that "theFourteenth Amendment does not deny to [the] State the power to treat different classes of persons in different ways."[7]
In its dismissal of the case, the U.S. Court of Appeals (Sixth Circuit) stated:
Dubay's claim that a man's right to disclaim fatherhood would be analogous to a woman's right to abortion rests upon a false analogy. In the case of a father seeking to opt out of fatherhood and thereby avoid child support obligations, the child is already in existence and the state therefore has an important interest in providing for his or her support.[8]
The National Center for Men asked Dubay to appeal the case to theU.S. Supreme Court, but Dubay declined.[9]