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Spring 2011 - Sex and the Law




Estranged Bedfellows: Sexual Rights and Reproductive Rights in U.S. Constitutional Law

The Supreme Court has validated sexual rights only insofar as such rights support a nonsexual goal. On the issue of access to contraception and abortion, the Court rests constitutional protections on the burdens pregnancy presents on women’s health. The author suggests developing a larger vision of an interrelated set of sexual and reproductive rights to break down the Court’s siloed approach to these interrelated human experiences.