Queering Reproductive Justice
33 Pages Posted: 4 Feb 2020 Last revised: 6 Oct 2020
Date Written: January 1, 2020
The Supreme Court has simultaneously retreated from its once-protective stance towards reproductive rights while recognizing and safeguarding LGBTQ rights. This jurisprudential disconnect affords advocates an opportunity. By focusing on the intersection of these two areas of law — queer reproductive justice — advocates may be able to forge useful precedent in the LGBTQ rights space to then apply to other reproductive justice issues, including abortion and contraception. This Essay highlights three queer reproductive justice spaces — family formation, sex education curricula, and medical decision-making — to demonstrate how LGBTQ rights advances may inure to the benefit of reproductive justice more generally.
This argument, while deeply practical in nature, implicitly challenges the conventional wisdom of social movement mobilization. Social movements are usually thought to promote the interests of their most privileged group members, whose rights are the least threatening to the status quo. Each incremental rights gain then trickles down to more marginalized individuals. For reproductive justice advocacy, the most effective approach may be one that “trickles up” from the most to the less marginalized.
Keywords: reproduction, reproductive rights, reproductive justice, LGBT, LGBTQ, social movements, abortion, contraception, curriculum, intersex, transgender, insurance, religious objections, custody, BDSM, surrogacy, parenthood, alternative reproductive technologies
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