Whisky Tango Foxtrot?!

[ShadowHM]

Fair has nothing to do with it. You may as well say it is unfair that a bird can fly and you can't. It is simply how things are. The fact that far too many women and men overlook the conception fact while undertaking recreational sex isn't a matter of fair either, it is an epidemic of bad judgment. (What was it Heinlein said? The only universal constants are hydrogen and stupidity.  )

Fair implies a rule or condition that can be modified or adjusted to achieve "fairness." Unless you decree mandatory sterilization, you can't put men and women on a "fair" reproductive playing field. Of course in doing so one eliminates the "game" altogehter! 

I don't know what sense of "equal" you are using. Equality under the law is a difficult to achieve when the foundation upon which law is built is two unequal, or fundamentally dissimilar, conditions. Sucks to be the law, but it can't be fair, it can only try to be balanced.

Equality under the law, or equity, would dictate that men and women be treated fairly and equally by the courts, which they are not, in child custody cases.
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My first effort was obviously marred by chosing brevity over clarity. :)

Doc was railing away against unfairness and using the 'we are supposed to be equal' argument.

Thank you for spending the time to write a clearer depiction of the issues involved, Occhi. :)