Dear Justice Thomas:
As you know, several states, newly emboldened by your colleagues’ overruling of Roe v. Wade, are now determined to enact laws defining life as beginning at fertilization — which is to say, at the happy moment when sperm meets egg.
I submit to you that this definition lacks both scope and ambition, and is not at all in keeping with your written concurrence with the majority opinion. While that concurrence is in many ways admirable, you nonetheless appear to place far too much value on the egg, and far too little on the sperm.
Sperm is, after all, the male component of the pregnancy process, and, as such, its rights surely must supersede those of any female component that might emerge later in that process.
Consequently, I feel your concurrence pays insufficient deference to the cornerstone of our culture, male dominance. It fails to grant personhood status to the sperm, despite the sperm’s preeminent standing, both as male and as unborn.
Therefore, in the interest of codifying such standing, I modestly submit that the time has come for the nation to enact a strict set of “Masturbation Acts,” and enforce them vigorously.
A Christian society demands that all sperm be reserved for deposit into a fertile female, willing or not, so that the fittest among them can successfully conquer its target egg. We must affirm, in law, the right of every sperm to compete for the impregnation of at least one egg in its lifetime.
A ban on male masturbation is key to meeting this societal imperative. Men shall be required to account for any and all sperm not currently engaged in egg conquest. Men must also prove that no sperm have been improperly handled or unlawfully discharged.
Under these seminal laws, every act of masturbation shall be considered a crime scene, and every man committing such an act shall be subject to charges of first-degree spermicide. Premeditation is assumed.
Performance of such an act in one’s sleep shall in no way mitigate the charges, since sleep, as is well-known, may be feigned.
Further charges may be codified based on extenuating circumstances. These might include masturbating while under the influence, while driving a motor vehicle, while piloting an aircraft, while operating heavy machinery, or while discharging a firearm. All except the last shall be deemed felonies.
Should you choose to commit to these Masturbation Acts, I am confident you will find many allies, including Justice Alito, a staunch originalist, who will be quick to affirm that nowhere in the Constitution do the Founders mention masturbation. Accordingly, there is no clear reason to believe masturbation to be a constitutionally-protected right.
Each sperm, on the other hand, must be thought of as a life in progress, and as such is endowed with rights that remain inalienable throughout the entirety of the long journey from ejaculation to birth.
At which point, of course, all rights expire.
It has been said that justice is blind. If so, I submit that excessive masturbation is surely the cause. You, sir, are invested with the power to cure this blindness, so that justice can see clearly what must be done in the name of personhood.
It’s time for you, Justice Thomas, to take matters into your own hands.