The Next New Constitutional Right (July 29, 2015)
The Supreme Court’s marriage ruling may wind up giving rise to a new constitutional right to third party reproductive assistance.
While such assistance has already been used to create families where none was biologically possible, the “constitutional right” to same-sex “marriage” takes the issue of access to reproductive technologies to another level.
As advocates for a child’s right to know his or her biological parents demand legal limits to use of these technologies expect same-sex couples to argue that those laws violate some new-fangled “right to procreate” unnaturally.
After all, the Supreme Court has spoken in the past about “procreational autonomy,” though always in the context of heterosexual relations. But the fact that the Court always spoke of marriage as a heterosexual relationship didn’t stop it from redefining marriage. So what will stop it from redefining “procreation” too?
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