Have you heard about the “Flipping Out” lawsuit? Ross Douthat sticks his neck out so I don’t have to. (I’m sure that’s what he had in mind.)
The “Flipping Out” lawsuit, sad and sordid, falls 31 years after a far more consequential surrogacy debate: The “Baby M” case, in which a surrogate mother, Mary Beth Whitehead, changed her mind after the birth and sued — ultimately unsuccessfully — for the right to keep her child. I was 7 during the case but I remember it vividly, mostly because my mother was obsessed with it. We were not Catholics then, or any kind of conservative, but opposing commercial surrogacy seemed like a natural extension of her feminist and liberal principles, which would of course oppose a system in which the rich paid poorer women to bear their children.
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[T]he simplest way to describe what happened with the surrogacy debate is that American feminists gradually went along with the logic of capitalism rather than resisting it. This is a particularly useful description because it’s happened so consistently across the last few decades: Whenever there’s a dispute within feminism about a particular social change or technological possibility, you should bet on the side that takes a more consumerist view of human flourishing, a more market-oriented view of what it means to defend the rights and happiness of women.
… Feminists were divided over surrogacy and commercialized fertility, but the opposition to both practices gradually dissolved, and now only eccentric conservatives notice the weird resemblances between California-style surrogacy practices and the handmaids and econowives of Gilead.
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I know that coming from a conservative columnist much of this reads like a long exercising in trolling. (Did you know, feminists, that you’re all just slaves of capital? That you need less cultural Marxism and more of the genuine economistic article?) But the most serious form of cultural conservatism has always offered at most two cheers for capitalism, recognizing that its great material beneficence can coexist with dehumanizing cruelty, that its individualist logic can encourage a ruthless materialism unless curbed and checked and challenged by a moralistic vision.
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