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Religion & Law

: Constitutionally Correct

Equal Liberty: Assisted Reproductive Technology and Reproductive Equality

By Alliance Alert

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This Essay offers a novel approach that rejects both extremes. I argue that there is no general right to use ARTs as a matter of reproductive autonomy, but there may be a limited right to use ARTs as a matter of reproductive equality. Accordingly, the government could prohibit use of a particular reproductive technology across the board for everyone; however, once the state permits use in some contexts, it should not be able to forbid use of the same technology in other contexts. Hence, all persons must possess an equal right, even if no one retains an absolute right, to use ARTs.

Full post as published by Constitutionally Correct on January 19, 2009 (boomark / email).

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