Last July, Judge Lawson summarily dismissed Dubay's suit. In a decision that reeked of unnecessary and inappropriate sarcasm, Lawson wrote, "[Dubay] had difficulty accepting the financial consequences of his conduct so the state came to his assistance." Very funny. In our view, the judge's sarcasm revealed a sexist bias.
Had the judge conducted a full and thoughtful hearing and then decided against Matt Dubay, that would have been discouraging for us, but that didn't happen here. Judge Lawson figuratively slammed the courthouse door in Dubay's face and then shamefully ordered him to pay the state's legal fees. The judge's decision will likely have a chilling effect on any citizen who wants to fight for his or her civil rights in a federal court.
On May 14, 2007, Matt Dubay's lawyer filed an appeal with the sixth circuit United States Court of Appeals in Cincinnati, asking that Matt be given his day in court. Oral arguments will be made to the Court on September 10, 2007 at 1:00 pm.
Roe vs. Wade (for women only) needs 21st century renovation. The issues raised by Dubay warrant thorough and careful analysis on the merits, not a flippant and summary dismissal.
NCM advocates and Matt Dubay and his attorney will be available for press interviews.
In October of 2007, the Court of Appeals upheld the decision of the District Court but denied the state's request that Dubay be required to pay legal fees in connection with the appeal. For more information on this case, call The National Center For Men at 631-476-2115.
To read the original press release annoucing this case, click here.
To read our response to the disctrict court's decision, click here.