Lawrence v. Texas: A Case for Cautious Optimism Regarding Procreative Liberty

9 Pages Posted: 23 Apr 2010 Last revised: 1 May 2010

Katheryn D. Katz

Albany Law School

Date Written: September 1, 2004

Abstract

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

Katz, Katheryn D., Lawrence v. Texas: A Case for Cautious Optimism Regarding Procreative Liberty (September 1, 2004). Women's Rights Law Reporter, Vol. 25, No. 4, 2004. Available at SSRN: https://ssrn.com/abstract=1594382

Katheryn D. Katz (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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