CO_CourtsGenderCards

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6d70b31509d8127cf04e539c040a9227886f1d8e.doc Dartmouth 2K9 1 Courts Gender Cards Last printed 1
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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,” http://bostonreview.net/BR23.5/West.html 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
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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.

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CO_CourtsGenderCards -...

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