The Constitutional Implications of Human Cloning
67 Pages Posted: 9 Nov 2009 Last revised: 19 Feb 2014
Date Written: November 9, 2009
Given the theoretical inevitability of human cloning, this Article attempts to fill a current intellectual void by providing an analysis of the most significant legal implications of cloning human beings. Part II sets forth the basic science behind cloning and how cloning differs from other, non-traditional forms of procreation such as in vitro fertilization and artificial insemination. Part III discusses the most commonly feared “science fiction” abuses associated with human cloning and current laws that may prevent such abuses from occurring. Part IV discusses the possible constitutional impediments to banning human cloning, including the First Amendment, the procreational liberty interest of the Due Process Clause, and the Equal Protection Clause. Part V considers the possible governmental interest in regulating human cloning to assess whether such regulation would survive the applicable level of judicial scrutiny. The Article concludes that, contrary to popular public opinion, the current legal regime appears prepared to handle human cloning. Moreover, should Americans wish to ban the practice, they may not be able to do so consistent with the current Constitution.
Keywords: cloning, reproduction, reproductive, constitution, constitutional, clone
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