CO_CourtsGenderCards -...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
6d70b31509d8127cf04e539c040a9227886f1d8e.doc Dartmouth 2K9 1 Courts Gender Cards Last printed 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
6d70b31509d8127cf04e539c040a9227886f1d8e.doc Dartmouth 2K9 2 The Courts can’t resolve issues of gender discrimination and sexuality. Robin West, Frederick J. Haas Professor of Law and Philosophy and Associate Dean at Georgetown Law, 1998, “A Moral Responsibility,” The same is true, I believe, of the Chief Justice’s argument that the criminalization of abortion puts women (and presumably men, as well) to an unconstitutional choice between celibacy and heterosexual intercourse coupled with a fear of pregnancy. A constitutional right to sexual privacy, or sexual autonomy, if it exists, would upend social understandings of the relationship among family, sexuality, and reproduction. Our current legal regimes reflect a belief, perhaps now held by only a numerical minority, that sexual activity is proper and moral only within traditional marriage, and even then only when both parties are open to the possibility of conception being the result. This legal regime could obviously be displaced through legislative processes, and perhaps that displacement might eventually be reflected in our national, evolving Constitution: it may be, for example, that we have a constitutional right to a wide array of family structures, sexual choices, and marital arrangements and nonarrangedments. It may be, as a constitutional matter, that "family" should be reconceived
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 12/20/2010 for the course K 101 taught by Professor Staff during the Fall '10 term at UMass Lowell.

Page1 / 3

CO_CourtsGenderCards -...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online