Lawrence v. Texas: A Case for Cautious Optimism Regarding Procreative Liberty
9 Pages Posted: 23 Apr 2010 Last revised: 1 May 2010
Date Written: September 1, 2004
While the Supreme Court has set forth that there is a right to non-reproductive sex, there has never been a clear proclamation setting forth a right to non-sexual procreation through assisted reproductive technologies (ARTS). However, an exploration of the rights carved out by Lawrence v. Texas decision delivers reasons for optimism that such rights do exist. The article focuses on the Court’s acceptance of four concepts: the Court’s revitalization of substantive due process rights as a source of productive rights; Court’s acceptance of the principle that moral objections cannot serve as the basis of secular laws, in certain cases; the Court suggested that international human rights norms are a source of persuasive authority in interpreting American laws; the Court’s implication as to the value of same-sex relationships.
Suggested Citation: Suggested Citation