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Volumn 34, Issue 3, 2011, Pages 889-950

Embodied equality: Debunking equal protection arguments for abortion rights

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EID: 80055014872     PISSN: 01934872     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article
Times cited : (22)

References (247)
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    • Mark Trapp, Created Equal: How the Declaration of Independence Recognizes and Guarantees the Right to Life for the Unborn, 28 PEPP. L. REV. 819, 823 (2001) (arguing that the Declaration of Independence uses the word "created", which includes the unborn);
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    • Tracy Leigh Dodds, Note, Defending America's Children: How the Current System Gets It Wrong, 29 HARV. J. L. & PUB. POL'Y 719 (2006) (arguing that the Supreme Court's treatment of the unborn has negatively affected the rights of children).
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    • Jack M. Balkin ed., hereinafter What Roe
    • For arguments in favor of abortion rights based on equality, see, for example, Jack M. Balkin, Roe v. Wade: An Engine of Controversy, in WHAT ROE V. WADE SHOULD HAVE SAID 3, 18-19 (Jack M. Balkin ed., 2005) [hereinafter WHAT ROE];
    • (2005) What Roe V. Wade Should Have Said , vol.3 , pp. 18-19
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    • hereinafter Siegel, Reasoning
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    • supra note 3, at, describing several briefs beginning in 1971 that utilized either sex equality arguments generally or arguments based upon the guarantees of the Equal Protections Clause more specifically
    • Siegel, Sex Equality, supra note 3, at 823-24 n. 21 (describing several briefs beginning in 1971 that utilized either sex equality arguments generally or arguments based upon the guarantees of the Equal Protections Clause more specifically).
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    • Roe v. Wade, 153
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    • Planned Parenthood of Se. Pa. v. Casey, 856, "For two decades of economic and social developments, people have organized intimate relationships and made choices that define their views of themselves and their places in society, in reliance on the availability of abortion in the event that contraception should fail. The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives."
    • Planned Parenthood of Se. Pa. v. Casey, 505 U. S. 833, 856 (1992) ("[F]or two decades of economic and social developments, people have organized intimate relationships and made choices that define their views of themselves and their places in society, in reliance on the availability of abortion in the event that contraception should fail. The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.").
    • (1992) U. S. , vol.505 , pp. 833
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    • see also Thornburgh v. Am. Coll. of Obstetricians & Gynecologists, 772, "Our cases long have recognized that the Constitution embodies a promise that a certain private sphere of individual liberty will be kept largely beyond the reach of government. That promise extends to women as well as to men.... A woman's right to make that choice freely is fundamental. Any other result, in our view, would protect inadequately a central part of the sphere of liberty that our law guarantees equally to all." citations omitted
    • see also Thornburgh v. Am. Coll. of Obstetricians & Gynecologists, 476 U. S. 747, 772 (1986) ("Our cases long have recognized that the Constitution embodies a promise that a certain private sphere of individual liberty will be kept largely beyond the reach of government. That promise extends to women as well as to men.... A woman's right to make that choice freely is fundamental. Any other result, in our view, would protect inadequately a central part of the sphere of liberty that our law guarantees equally to all." (citations omitted)).
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    • The unitary fourteenth amendment
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    • For a discussion of the view that the Court in Casey analyzed the abortion right in equality language but located the right in the Due Process Clause, see David H. Gans, The Unitary Fourteenth Amendment, 56 EMORY L. J. 907, 911 (2007).
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    • Feminists opposed to abortion throughout the last century and a half have made compelling arguments that remain relevant and persuasive today. The prolife feminists to whom I refer are the early American feminists, the 1970s feminist defectors from the National Organization for Women who founded Feminists for Life, and philosophers and writers such as Sidney Callahan, Camille Williams, Daphne Clair de Jong, and Elizabeth Fox-Genovese, who together penned several searing criticisms of prochoice feminist arguments in the 1980s and 1990s. For statements made by prolife feminists throughout American history, beginning in the eighteenth century, see, eds.
    • Feminists opposed to abortion throughout the last century and a half have made compelling arguments that remain relevant and persuasive today. The prolife feminists to whom I refer are the early American feminists, the 1970s feminist defectors from the National Organization for Women who founded Feminists for Life, and philosophers and writers such as Sidney Callahan, Camille Williams, Daphne Clair de Jong, and Elizabeth Fox-Genovese, who together penned several searing criticisms of prochoice feminist arguments in the 1980s and 1990s. For statements made by prolife feminists throughout American history, beginning in the eighteenth century, see PROLIFE FEMINISM: YESTERDAY AND TODAY (Mary Krane Derr et al. eds., 2005);
    • (2005) Prolife Feminism: Yesterday and Today
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    • Elizabeth Fox-Genovese, Wrong Turn: How the Campaign to Liberate Women has Betrayed the Culture of Life, in LIFE AND LEARNING XII 11(2002), available at http://uffl.org/vol12/fox12.pdf [hereinafter Fox-Genovese, Wrong Turn];
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    • supra note 3
    • Siegel, Reasoning, supra note 3, at 264.
    • Reasoning , pp. 264
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    • "If equality depends on 'sameness', then the recurrence of difference undermines chances for equality."
    • See MARTHA MINOW, MAKING ALL THE DIFFERENCE: INCLUSION, EXCLUSION, AND AMERICAN LAW 74 (1990) ("[I]f equality depends on 'sameness', then the recurrence of difference undermines chances for equality.").
    • (1990) Making All the Difference: Inclusion, Exclusion, and American Law , pp. 74
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    • A defense of abortion
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    • describing the wide variety of constitutional rights to which scholars have attempted to attach the right to abortion
    • See, e.g., RICHARD POSNER, OVERCOMING LAW 180-81 (1995) (describing the wide variety of constitutional rights to which scholars have attempted to attach the right to abortion);
    • (1995) Overcoming Law , pp. 180-181
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    • supra note 3 making sex equality arguments for abortion rights
    • Siegel, Sex Equality, supra note 3 (making sex equality arguments for abortion rights).
    • Sex Equality
    • Siegel1
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    • From choice to reproductive justice: De-constitutionalizing abortion rights
    • 1403, "What the Court created in Roe v. Wade is not a right to legal abortion; it is a negative right against the criminalization of abortion in some circumstances."
    • Robin West, From Choice to Reproductive Justice: De-Constitutionalizing Abortion Rights, 118 YALE L. J. 1394, 1403 (2009) ("[W]hat the Court created in Roe v. Wade is not a right to legal abortion; it is a negative right against the criminalization of abortion in some circumstances.").
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    • But see Harris v. McRae, 322, upholding the constitutionality of the Hyde Amendment and noting that equal protection under the Fifth Amendment was not a "source of substantive rights or liberties, but rather a right to be free from invidious discrimination in statutory classifications and other governmental activity"
    • But see Harris v. McRae, 448 U. S. 297, 322 (1979) (upholding the constitutionality of the Hyde Amendment and noting that equal protection under the Fifth Amendment was not a "source of substantive rights or liberties, but rather a right to be free from invidious discrimination in statutory classifications and other governmental activity");
    • (1979) U. S. , vol.448 , pp. 297
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    • See, for example, Bradwell v. Illinois, 83 U. S. 130, 142 (1873)
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    • Goesaert v. Cleary, 466, in which the Supreme Court upheld state laws restricting women from practicing law and tending bar, respectively
    • and Goesaert v. Cleary, 335 U. S. 464, 466(1948), in which the Supreme Court upheld state laws restricting women from practicing law and tending bar, respectively.
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    • Muller v. Oregon, 422, the Court upheld a state law that limited the number of hours that women could be paid as wage-laborers, stating "a proper discharge of a woman's maternal functions-having in view not merely her own health, but the well-being of the race-justifies legislation to protect her from the greed as well as the passion of man. "
    • In Muller v. Oregon, 208 U. S. 412, 422(1908), the Court upheld a state law that limited the number of hours that women could be paid as wage-laborers, stating "a proper discharge of [a woman's] maternal functions-having in view not merely her own health, but the well-being of the race-justif[ies] legislation to protect her from the greed as well as the passion of man. "
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    • 1961, the Court in Hoyt v. Florida, 62, upheld a statute that allowed women to exempt themselves from serving as jurors to afford them time to perform their special roles as wives and mothers
    • In 1961, the Court in Hoyt v. Florida, 368 U. S. 57, 62(1961), upheld a statute that allowed women to exempt themselves from serving as jurors to afford them time to perform their special roles as wives and mothers.
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    • Tigner v. Texas, 310 U. S. 141, 147 (1940).
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    • Craig
    • Craig, 429 U. S. at 197.
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  • 61
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    • Cary Franklin, The Anti-Stereotyping Principle in Constitutional Sex Discrimination Law, 85 N. Y. U. L. REV. 83, 102-03 (2010);
    • (2010) N. Y. U. L. Rev. , vol.83-85 , pp. 102-103
    • Franklin, C.1
  • 62
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    • Tribute: The legacy of ruth bader ginsburg and WRP staff
    • Mar. 7
    • Tribute: The Legacy of Ruth Bader Ginsburg and WRP Staff, AMERICAN CIVIL LIBERTIES UNION (Mar. 7, 2006), http://www.aclu.org/womens-rights/tribute- legacy-ruth-bader-ginsburg-and-wrp-staff.
    • (2006) American Civil Liberties Union
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    • 420 U. S. 636 (1975).
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  • 64
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    • Geduldig v. Aiello
    • Geduldig v. Aiello, 417 U. S. 484 (1974).
    • (1974) U. S. , vol.417 , pp. 484
  • 65
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    • supra note 3, at, noting several factors that contributed to the disappearance of sex equality arguments for abortion rights after Roe and Geduldig, only for those arguments to reemerge again in scholarly discussion in the mid-1980s
    • See Siegel, Sex Equality, supra note 3, at 826-29 (noting several factors that contributed to the disappearance of sex equality arguments for abortion rights after Roe and Geduldig, only for those arguments to reemerge again in scholarly discussion in the mid-1980s).
    • Sex Equality , pp. 826-829
    • Siegel, S.1
  • 66
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    • Geduldig, 417 U. S. at 496-97.
    • U. S. , vol.417 , pp. 496-497
    • Geduldig1
  • 67
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    • supra note 3, at, stating that "regulation concerning women's capacity to gestate categorically differentiates on the basis of sex, and so is facially sex-based"
    • See, e.g., Siegel, Reasoning, supra note 3, at 354 (stating that "regulation concerning women's capacity to gestate categorically differentiates on the basis of sex, and so is facially sex-based");
    • Reasoning , pp. 354
    • Siegel1
  • 68
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    • 145-46
    • 429 U. S. 125, 145-46 (1976).
    • (1976) U. S. , vol.429 , pp. 125
  • 69
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    • Health care reform and reproductive rights: Sex equality arguments for abortion coverage in a national plan
    • 378-79
    • Jennifer Keighley, Health Care Reform and Reproductive Rights: Sex Equality Arguments for Abortion Coverage in a National Plan, 33 HARV. J. L. & GENDER 357, 378-79 (2010).
    • (2010) Harv. J. L. & Gender , vol.33 , pp. 357
    • Keighley, J.1
  • 70
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    • Planned Parenthood of Se. Pa. v. Casey, 856, "The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives."
    • See, e.g., Planned Parenthood of Se. Pa. v. Casey, 505 U. S. 833, 856 (1992) ("The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.");
    • (1992) U. S. , vol.505 , pp. 833
  • 71
    • 80055019240 scopus 로고    scopus 로고
    • supra note 3
    • Siegel, Sex Equality, supra note 3, at 830
    • Sex Equality , pp. 830
    • Siegel1
  • 72
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    • noting that Justice Blackmun's majority opinion in Thornburgh v. American College of Obstetricians & Gynecologists, and concurring opinion in Casey used more explicit equality arguments
    • (noting that Justice Blackmun's majority opinion in Thornburgh v. American College of Obstetricians & Gynecologists, 476 U. S. 747 (1986) and concurring opinion in Casey used more explicit equality arguments).
    • (1986) U. S. , vol.476 , pp. 747
  • 73
    • 15744391772 scopus 로고    scopus 로고
    • Nev. Dep't of Human Res. v. Hibbs
    • Nev. Dep't of Human Res. v. Hibbs, 538 U. S. 721 (2003);
    • (2003) U. S. , vol.538 , pp. 721
  • 74
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    • United States v. Virginia
    • United States v. Virginia, 518 U. S. 515 (1996);
    • (1996) U. S. , vol.518 , pp. 515
  • 75
    • 34250614323 scopus 로고    scopus 로고
    • The new politics of abortion: An equality analysis of woman-protective abortion restrictions
    • 1043-46 hereinafter Siegel, New arguing that these cases demonstrate that regulations of pregnant women that rely upon out-dated stereotypes of women's family roles violate the Equal Protection Clause
    • see Reva Siegel, The New Politics of Abortion: An Equality Analysis of Woman-Protective Abortion Restrictions, 2007 U. ILL. L. REV. 991, 1043-46 [hereinafter Siegel, New] (arguing that these cases demonstrate that regulations of pregnant women that rely upon out-dated stereotypes of women's family roles violate the Equal Protection Clause);
    • U. Ill. L. Rev. , vol.2007 , pp. 991
    • Siegel, R.1
  • 76
    • 80055025616 scopus 로고    scopus 로고
    • quoting, supra note 3
    • (quoting Siegel, Reasoning, supra note 3, at 264).
    • Reasoning , pp. 264
    • Siegel1
  • 77
    • 33748558427 scopus 로고    scopus 로고
    • You've come a long way, baby: Rehnquist's new approach to pregnancy discrimination in hibbs
    • 1891-93, hereinafter Siegel, You've Come a Long Way
    • Reva Siegel, You've Come a Long Way, Baby: Rehnquist's New Approach to Pregnancy Discrimination in Hibbs, 58 STAN. L. REV. 1871, 1891-93 (2006) [hereinafter Siegel, You've Come a Long Way].
    • (2006) Stan. L. Rev. , vol.58 , pp. 1871
    • Siegel, R.1
  • 78
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    • 533 U. S. 53 (2001).
    • (2001) U. S. , vol.533 , pp. 53
  • 79
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    • Virginia
    • Virginia, 518 U. S. at 541.
    • U. S. , vol.518 , pp. 541
  • 80
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    • Id. at 550 quoting United States v. Virginia, 1434 W. D. Va
    • Id. at 550 (quoting United States v. Virginia, 766 F. Supp. 1407, 1434 (W. D. Va. 1991)).
    • (1991) F. Supp. , vol.766 , pp. 1407
  • 81
    • 15744391772 scopus 로고    scopus 로고
    • Nev. Dep't of Human Res. v. Hibbs, 737, Hibbs presented a less-than-straightforward equal protection question. The question was complicated by a prior issue concerning congressional authority to prohibit discriminatory conduct under Section 5 of the Fourteenth Amendment. The dissent viewed the Rehnquist majority's decision as a departure from Section 5 precedents, in part because of a false reliance upon "a general history of employment discrimination against women", rather than specific evidence of such discrimination
    • Nev. Dep't of Human Res. v. Hibbs, 538 U. S. 721, 737 (2003). Hibbs presented a less-than-straightforward equal protection question. The question was complicated by a prior issue concerning congressional authority to prohibit discriminatory conduct under Section 5 of the Fourteenth Amendment. The dissent viewed the Rehnquist majority's decision as a departure from Section 5 precedents, in part because of a false reliance upon "a general history of employment discrimination against women", rather than specific evidence of such discrimination.
    • (2003) U. S. , vol.538 , pp. 721
  • 82
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    • But see, arguing that the pursuit of formal equality in antidiscrimination law has brought about a market economy that penalizes women who have children because it treats them like men
    • But see SYLVIA ANN HEWLITT, A LESSER LIFE 100 (1986) (arguing that the pursuit of formal equality in antidiscrimination law has brought about a market economy that penalizes women who have children because it treats them like men);
    • (1986) A Lesser Life , pp. 100
    • Hewlitt, S.A.1
  • 83
    • 77950487896 scopus 로고    scopus 로고
    • Are gender stereotypes bad for women? Rethinking antidiscrimination law and work-family conflict
    • arguing that American antidiscrimination law has augmented rather than rectified work-family conflict, as experienced disproportionately by women
    • Julie C. Suk, Are Gender Stereotypes Bad for Women? Rethinking Antidiscrimination Law and Work-Family Conflict, 110 COLUM. L. REV. 1 (2010) (arguing that American antidiscrimination law has augmented rather than rectified work-family conflict, as experienced disproportionately by women).
    • (2010) Colum. L. Rev. , vol.110 , pp. 1
    • Suk, J.C.1
  • 84
    • 80055011329 scopus 로고    scopus 로고
    • Correct diagnosis; wrong cure: A response to professor suk
    • disagreeing with Professor Suk and arguing that specific portions of antidiscrimination law do allow lawsuits by women who have been discriminated against professionally when they have sought to reduce their work time to care for children
    • See also Joan C. Williams, Correct Diagnosis; Wrong Cure: A Response to Professor Suk, 110 COLUM. L. REV. SIDEBAR 24 (2010) (disagreeing with Professor Suk and arguing that specific portions of antidiscrimination law do allow lawsuits by women who have been discriminated against professionally when they have sought to reduce their work time to care for children).
    • (2010) Colum. L. Rev. Sidebar , vol.110 , pp. 24
    • Williams, J.C.1
  • 85
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    • Hibbs
    • Hibbs, 538 U. S. at 731.
    • U. S. , vol.538 , pp. 731
  • 86
    • 33750442713 scopus 로고    scopus 로고
    • Nyugen v. INS, 73
    • Nyugen v. INS, 533 U. S. 53, 73 (2001).
    • (2001) U. S. , vol.533 , pp. 53
  • 87
    • 77954811101 scopus 로고    scopus 로고
    • Pregnancy and sex role stereotyping: From struck to carhart
    • 1107
    • Neil S. Siegel & Reva B. Siegel, Pregnancy and Sex Role Stereotyping: From Struck to Carhart, 70 OHIO ST. L. J. 1095, 1107 (2009).
    • (2009) Ohio St. L. J. , vol.70 , pp. 1095
    • Siegel, N.S.1    Siegel, R.B.2
  • 88
    • 77952677615 scopus 로고    scopus 로고
    • supra note 49, at, 1884 detailing Chief Justice Rehnquist's court decisions with regard to sex discrimination
    • Siegel, You've Come a Long Way, supra note 49, at 1874-81, 1884 (detailing Chief Justice Rehnquist's court decisions with regard to sex discrimination).
    • You've Come a Long Way , pp. 1874-1881
    • Siegel1
  • 89
    • 15744391772 scopus 로고    scopus 로고
    • Nev. Dep't of Human Res. v. Hibbs, 731, emphasis added
    • Nev. Dep't of Human Res. v. Hibbs, 538 U. S. 721, 731 (2003) (emphasis added).
    • (2003) U. S. , vol.538 , pp. 721
  • 90
    • 80054995928 scopus 로고    scopus 로고
    • supra note 49, at, "Hibbs is the first Supreme Court equal protection decision to recognize that laws regulating pregnant women can enforce unconstitutional sex stereotypes."
    • Siegel, You've Come a Long Way, supra note 49, at 1886 ("Hibbs is the first Supreme Court equal protection decision to recognize that laws regulating pregnant women can enforce unconstitutional sex stereotypes.").
    • You've Come a Long Way , pp. 1886
    • Siegel1
  • 91
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    • Hibbs
    • Hibbs, 538 U. S. at 731.
    • U. S. , vol.538 , pp. 731
  • 92
    • 80054984835 scopus 로고    scopus 로고
    • Dissenting
    • supra note 3, at, emphasis in original
    • Michael Stokes Paulsen, Dissenting, in WHAT ROE, supra note 3, at 204-05 (emphasis in original).
    • What Roe , pp. 204-205
    • Paulsen, M.S.1
  • 93
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    • 531
    • 518 U. S. 515, 531 (1996).
    • (1996) U. S. , vol.518 , pp. 515
  • 94
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    • See Gonzales v. Carhart, 171-72, Ginsburg, J., dissenting "Legal challenges to undue restrictions on abortion procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman's autonomy to determine her life's course, and thus to enjoy equal citizenship stature."
    • See Gonzales v. Carhart, 550 U. S. 124, 171-72 (2007) (Ginsburg, J., dissenting) ("[L]egal challenges to undue restrictions on abortion procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman's autonomy to determine her life's course, and thus to enjoy equal citizenship stature.");
    • (2007) U. S. , vol.550 , pp. 124
  • 95
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    • "Equal citizenship stature": Justice ginsburg's constitutional vision
    • 823
    • See also Neil S. Siegel, "Equal Citizenship Stature": Justice Ginsburg's Constitutional Vision, 43 NEW ENG. L. REV. 799, 823 (2008);
    • (2008) New Eng. L. Rev. , vol.43 , pp. 799
    • Siegel, N.S.1
  • 96
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    • Dissenting
    • supra note 3, at, 173 "Prochoice legal scholars argue that by requiring pregnant women to be mothers. the laws deny their opportunity to engage in the occupations of their choice, thereby implicating the privileges and immunities of citizenship. But this is a metaphor, rather than the kind of legal argument that would have been intelligible to the framers of the Fourteenth Amendment because... no formal barriers keep pregnant women from pursuing whatever occupations they choose. Pressures they feel are social, rather than legal...."
    • See Jeffrey Rosen, Dissenting, in WHAT ROE, supra note 3, at 170, 173 ("[Prochoice legal scholars argue that] by requiring pregnant women to be mothers... [the] laws deny their opportunity to engage in the occupations of their choice, thereby implicating the privileges and immunities of citizenship. But this is a metaphor, rather than the kind of legal argument that would have been intelligible to the framers of the Fourteenth Amendment [because]... no formal barriers keep pregnant women from pursuing whatever occupations they choose. Pressures they feel are social, rather than legal....").
    • What Roe , pp. 170
    • Rosen, J.1
  • 97
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    • Dignity and the politics of protection: Abortion restrictions under casey/carhart
    • 1766, 1779, hereinafter Siegel, Dignity
    • Reva B. Siegel, Dignity and the Politics of Protection: Abortion Restrictions Under Casey/Carhart, 117 YALE L. J. 1694, 1766, 1779 (2008) [hereinafter Siegel, Dignity].
    • (2008) Yale L. J. , vol.117 , pp. 1694
    • Siegel, R.B.1
  • 98
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    • Concurring
    • supra note 3
    • Reva B. Siegel, Concurring, in WHAT ROE, supra note 3, at 81.
    • What Roe , pp. 81
    • Siegel, R.B.1
  • 99
    • 80054970418 scopus 로고    scopus 로고
    • supra note 73
    • See generally Siegel, Dignity, supra note 73;
    • Dignity
    • Siegel1
  • 100
    • 80055019892 scopus 로고    scopus 로고
    • supra note 3, at, noting NOW's 1970 strike for equality which, inter alia, argued that "the Nineteenth Amendment's promise of equal citizenship could not be realized unless women were given control of the conditions in which they conceived, bore, and raised children"
    • Siegel, Sex Equality, supra note 3, at 826 (noting NOW's 1970 strike for equality which, inter alia, argued that "the Nineteenth Amendment's promise of equal citizenship could not be realized unless women were given control of the conditions in which they conceived, bore, and raised children").
    • Sex Equality , pp. 826
    • Siegel1
  • 101
    • 80054989111 scopus 로고    scopus 로고
    • supra note 74
    • Siegel, Concurring, supra note 74, at 72-73;
    • Concurring , pp. 72-73
    • Siegel1
  • 102
    • 80055003957 scopus 로고    scopus 로고
    • supra note 73, at, "Constraints on women that evoke or perpetuate this history violate women's dignity, denying women forms of respect and well-being that they are entitled to as free and equal citizens."
    • Siegel, Dignity, supra note 73, at 1766 ("Constraints on women that evoke or perpetuate this history violate women's dignity, denying women forms of respect and well-being that they are entitled to as free and equal citizens.").
    • Dignity , pp. 1766
    • Siegel1
  • 103
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    • Introduction
    • supra note 3
    • see also Balkin, Introduction, in WHAT ROE, supra note 3, at 22-23;
    • What Roe , pp. 22-23
    • Balkin1
  • 104
    • 85050708880 scopus 로고    scopus 로고
    • Gendered citizenship: Women, equality, and abortion policy
    • 68, "Full citizenship for women requires complete control over reproduction, ranging from full access to contraception, abortion and health care, to material support for the costs associated with pregnancy and childcare."
    • Rosemary Nossiff, Gendered Citizenship: Women, Equality, and Abortion Policy, 29 NEW POLI. SCI. 61, 68 (2007) ("[F]ull citizenship for women requires complete control over reproduction, ranging from full access to contraception, abortion and health care, to material support for the costs associated with pregnancy and childcare.").
    • (2007) New Poli. Sci. , vol.29 , pp. 61
    • Nossiff, R.1
  • 105
    • 80054971582 scopus 로고    scopus 로고
    • Few say it's ideal for both parents to work full time outside of home: Four in 10 say one parent should work part time, or work at home
    • It appears that by "dependent", Professor Siegel means women who have traded market work for caretaking work and thus, like their children, depend on their husbands for their economic wellbeing. Any father worth his paycheck would likely regard himself very much dependent upon such a wife for the caregiving she provides to their children. Many parents agree. See, May 4
    • It appears that by "dependent", Professor Siegel means women who have traded market work for caretaking work and thus, like their children, depend on their husbands for their economic wellbeing. Any father worth his paycheck would likely regard himself very much dependent upon such a wife for the caregiving she provides to their children. Many parents agree. See Chris McComb, Few Say It's Ideal for Both Parents to Work Full Time Outside of Home: Four in 10 say one parent should work part time, or work at home, GALLUP, May 4, 2001, http://www.gallup. com/poll/1558/few-say-its-ideal-both-parents-work- full-timeoutside-home.aspx.
    • (2001) Gallup
    • McComb, C.1
  • 106
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    • supra note 74, at, "Consistent with this old understanding of family roles, the nation excluded women from equal participation in education, in work, and in politics, and organized the realms of work, education, and politics on the premise that those who participate in the core pursuits of citizenship are unburdened by obligations of family care."
    • Siegel, Concurring, supra note 74, at 73 ("Consistent with this [old] understanding of family roles, the nation excluded women from equal participation in education, in work, and in politics, and organized the realms of work, education, and politics on the premise that those who participate in the core pursuits of citizenship are unburdened by obligations of family care.");
    • Concurring , pp. 73
    • Siegel1
  • 107
    • 80054989111 scopus 로고    scopus 로고
    • supra note 74
    • Siegel, Concurring, supra note 74, at 81
    • Concurring , pp. 81
    • Siegel1
  • 108
    • 23844549426 scopus 로고
    • quoting Brief for New Women Lawyers et al. as Amici Curiae Supporting Appellant at 24, 32, Roe v. Wade, no. 70-18
    • (quoting Brief for New Women Lawyers et al. as Amici Curiae Supporting Appellant at 24, 32, Roe v. Wade, 410 U. S. 113 (1973) (no. 70-18)).
    • (1973) U. S. , vol.410 , pp. 113
  • 109
    • 84945992108 scopus 로고    scopus 로고
    • Concurring in the judgment
    • supra note 3, at, 141-42 "We would perversely render the incompatibility of motherhood and citizenship, in effect fully constitutional-by providing a constitutional right to avoid it.... It can't be that by choosing to mother a child, we have foregone rights, privileges, and responsibilities of citizenship. "
    • Robin West, Concurring in the Judgment, in WHAT ROE, supra note 3, at 121, 141-42 ("We would perversely render the incompatibility of motherhood and citizenship, in effect fully constitutional-by providing a constitutional right to avoid it.... It can't be that by choosing to mother a child, we have foregone rights, privileges, and responsibilities of citizenship. ").
    • What Roe , pp. 121
    • West, R.1
  • 111
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    • Preface
    • Erika Bachiochi ed., "The long arc that bends toward inclusion of human beings in the moral community lies in a recognition that the arbitrary removal of whole classes and categories of persons from moral concern-whether on the basis of race or gender or ethnicity or religion-is a sign of moral degeneration, not moral progress.... The question of the moral status of the unborn child is part of this long and arduous movement toward inclusion. "
    • For a discussion of the inclusion of the unborn in the human community, see Jean Bethke Elshtain, Preface, in THE COST OF CHOICE: WOMEN EVALUATE THE IMPACT OF ABORTION, at vii (Erika Bachiochi ed., 2004) ("The long arc that bends toward inclusion of human beings in the moral community lies in a recognition that the arbitrary removal of whole classes and categories of persons from moral concern-whether on the basis of race or gender or ethnicity or religion-is a sign of moral degeneration, not moral progress.... The question of the moral status of the unborn child is part of this long and arduous movement toward inclusion. ").
    • (2004) The Cost of Choice: Women Evaluate the Impact of Abortion
    • Elshtain, J.B.1
  • 112
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    • Planned Parenthood of Se. Pa. v. Casey, 835
    • Planned Parenthood of Se. Pa. v. Casey, 505 U. S. 833, 835 (1992).
    • (1992) U. S. , vol.505 , pp. 833
  • 113
    • 78650001780 scopus 로고    scopus 로고
    • Casey
    • quoting
    • (quoting Casey, 505 U. S. at 852)).
    • U. S. , vol.505 , pp. 852
  • 114
    • 80054988515 scopus 로고    scopus 로고
    • By calling attention to the embodied nature of men and women, I do not mean to divert attention from the decisional capacity of women as persons who share equal dignity with men, as though women were somehow mere "anatomical" bodies rather than "deliberative agents." See, e.g., supra note 73, at, I do mean, however, to emphasize the way in which many prochoice feminists, in their efforts to defend abortion, have neglected to cognize human "embodied-ness" and, by doing so, have done a disservice to the women they mean to serve
    • By calling attention to the embodied nature of men and women, I do not mean to divert attention from the decisional capacity of women as persons who share equal dignity with men, as though women were somehow mere "anatomical" bodies rather than "deliberative agents." See, e.g., Siegel, Dignity, supra note 73, at 1698. I do mean, however, to emphasize the way in which many prochoice feminists, in their efforts to defend abortion, have neglected to cognize human "embodied-ness" and, by doing so, have done a disservice to the women they mean to serve.
    • Dignity , pp. 1698
    • Siegel1
  • 115
    • 84936159761 scopus 로고
    • Jurisprudence and gender
    • 14, "Women are actually or potentially materially connected to other human life. Men aren't. This material fact has existential consequences."
    • See, e.g., Robin West, Jurisprudence and Gender, 55 U. CHI. L. REV. 1, 14 (1988) ("Women are actually or potentially materially connected to other human life. Men aren't. This material fact has existential consequences.").
    • (1988) U. Chi. L. Rev. , vol.55 , pp. 1
    • West, R.1
  • 116
    • 7044240488 scopus 로고    scopus 로고
    • For a critique of the idea of autonomy as it affects the dependency work most of us are called to at different moments in our lives, see MARTHA ALBERTSON FINEMAN, THE AUTONOMY MYTH: A THEORY OF DEPENDENCY (2004);
    • (2004) The Autonomy Myth: A Theory of Dependency
    • Fineman, M.A.1
  • 118
    • 0003527763 scopus 로고    scopus 로고
    • Apart from the obvious challenges to autonomy that pregnancy and parenting generally entail, embodiment challenges autonomy at later stages of life as well. Aging, illness, and disease, both for the patient and caretaker, seriously constrain the ability to autonomously shape one's own destiny
    • ALASDAIR MACINTYRE, DEPENDENT RATIONAL ANIMALS: WHY HUMAN BEINGS NEED THE VIRTUES (1999). Apart from the obvious challenges to autonomy that pregnancy and parenting generally entail, embodiment challenges autonomy at later stages of life as well. Aging, illness, and disease, both for the patient and caretaker, seriously constrain the ability to autonomously shape one's own destiny.
    • (1999) Dependent Rational Animals: Why Human Beings Need the Virtues
    • MacIntyre, A.1
  • 119
    • 80055019240 scopus 로고    scopus 로고
    • supra note 3
    • see also Siegel, Sex Equality, supra note 3, at 818-19.
    • Sex Equality , pp. 818-819
    • Siegel1
  • 121
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    • Is it possible to take both fetal life and women seriously? Professor laurence tribe and his reviewers
    • 475, arguing that in Professor Tribe's view, male-female irresponsibility ought to be the default position with regard to unwanted pregnancies
    • see Samuel W. Calhoun & Andrea E. Sexton, Is it Possible to Take Both Fetal Life and Women Seriously? Professor Laurence Tribe and His Reviewers, 49 WASH. & LEE L. REV. 437, 475 (1992) (arguing that in Professor Tribe's view, male-female irresponsibility ought to be the default position with regard to unwanted pregnancies).
    • (1992) Wash. & Lee L. Rev. , vol.49 , pp. 437
    • Calhoun, S.W.1    Sexton, A.E.2
  • 122
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    • Rethinking prochoice rhetoric: Our bodies, our souls
    • Oct. 16, at, "The prolife slogan, 'Abortion stops a beating heart', is incontrovertibly true."
    • Naomi Wolf, Rethinking Prochoice Rhetoric: Our Bodies, Our Souls, THE NEW REPUBLIC, Oct. 16, 1995, at 29 ("[T]he prolife slogan, 'Abortion stops a beating heart', is incontrovertibly true.");
    • (1995) The New Republic , pp. 29
    • Wolf, N.1
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    • How to think about abortion
    • Nov. 16, 8:20 PM, noting that "there's the reality that abortion does take life-human life"
    • Francis Kissling, How to Think About Abortion, SALON. COM (Nov. 16, 2010, 8:20 PM), http://www.salon. com/news/politics/war-room/2010/11/16/thinking- about-abortion (noting that "there's the reality that abortion does take life-human life");
    • (2010) Salon. Com
    • Kissling, F.1
  • 124
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    • Fresh blood for the vampire
    • Sept. 10, 7:47 AM, "I have always frankly admitted that abortion is murder, the extermination of the powerless by the powerful."
    • Camille Paglia, Fresh Blood for the Vampire, SALON. COM (Sept. 10, 2008, 7:47 AM), http://www.salon. com/news/opinion/camille-paglia/2008/09/10/palin/ index.html ("I have always frankly admitted that abortion is murder, the extermination of the powerless by the powerful.").
    • (2008) Salon. Com
    • Paglia, C.1
  • 128
    • 33744513700 scopus 로고    scopus 로고
    • Is there life after roe? How to think about the fetus
    • Winter, available at
    • Frances Kissling, Is There Life After Roe? How to Think About the Fetus, CONSCIENCE, Winter 2004-05, available at http://www.catholicsforchoice.org/ conscience/archives/c2004win-lifeafterroe.asp;
    • (2004) Conscience
    • Kissling, F.1
  • 129
    • 80054983752 scopus 로고    scopus 로고
    • Culture war dispatch: Open hearts & minds at princeton
    • Oct. 20, reporting that prochoice scholars Peter Singer and Maggie Little acknowledged the humanity and value, for Little of fetal life during a debate on the moral status of the fetus at the "Open Hearts, Open Minds, Fair-Minded Words" conference at Princeton in October 2010
    • Robert K. Vishcher, Culture War Dispatch: Open Hearts & Minds at Princeton, COMMONWEAL MAGAZINE (Oct. 20, 2010), http://www.commonwealmagazine. org/culture-war-dispatch (reporting that prochoice scholars Peter Singer and Maggie Little acknowledged the humanity (and value, for Little) of fetal life during a debate on the moral status of the fetus at the "Open Hearts, Open Minds, Fair-Minded Words" conference at Princeton in October 2010).
    • (2010) Commonweal Magazine
    • Vishcher, R.K.1
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    • "Under conditions of gender inequality, sexual liberation... does not liberate women; it frees male sexual aggression. "
    • See CATHARINE MACKINNON, FEMINISM UNMODIFIED: DISCOURSES ON LIFE AND LAW 99 (1987) ("[U]nder conditions of gender inequality, sexual liberation... does not liberate women; it frees male sexual aggression. ");
    • (1987) Feminism Unmodified: Discourses on Life and Law , pp. 99
    • MacKinnon, C.1
  • 131
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    • How the abortion option can make women more vulnerable to exploitation and abandonment
    • last visited Feb. 28, 2011
    • Richard Stith, How the Abortion Option Can Make Women More Vulnerable to Exploitation and Abandonment, MIRROR OF JUSTICE, http://mirrorofjustice.blogs. com/mirrorofjustice/stith/abortionwomenvulnerable.pdf (last visited Feb. 28, 2011).
    • Mirror of Justice
    • Stith, R.1
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    • An ethical challenge to prochoice advocates: Abortion and the pluralistic proposition
    • 684
    • See generally Daniel Callahan, An Ethical Challenge to Prochoice Advocates: Abortion and the Pluralistic Proposition, 117 COMMONWEAL 681, 684 (1990).
    • (1990) Commonweal , vol.117 , pp. 681
    • Callahan, D.1
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    • Why abortion rights are not justified by reference to gender equality: A response to professor tribe
    • 639
    • David M. Smolin, Why Abortion Rights Are Not Justified by Reference to Gender Equality: A Response to Professor Tribe, 23 J. MARSHALL L. REV. 621, 639 (1989).
    • (1989) J. Marshall L. Rev. , vol.23 , pp. 621
    • Smolin, D.M.1
  • 134
    • 0037223975 scopus 로고    scopus 로고
    • Long-term physical and psychological health consequences of induced abortion: Review of the evidence
    • 75, explaining that abortion increases the risk of placenta previa in later pregnancies by fifty percent and doubles the risk of preterm birth
    • John M. Thorp et al., Long-Term Physical and Psychological Health Consequences of Induced Abortion: Review of the Evidence, 58 OBSTETRICAL & GYNECOLOGICAL SUR. 70, 75 (2003) (explaining that abortion increases the risk of placenta previa in later pregnancies by fifty percent and doubles the risk of preterm birth);
    • (2003) Obstetrical & Gynecological Sur. , vol.58 , pp. 70
    • Thorp, J.M.1
  • 136
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    • Abortion in young women and subsequent mental health
    • 22, showing an association between abortion and long-term increased risk of depression
    • David M. Fergusson et al., Abortion in Young Women and Subsequent Mental Health, 47 J. CHILD PSYCHOL. & PSYCHIATRY 16, 22 (2006) (showing an association between abortion and long-term increased risk of depression).
    • (2006) J. Child Psychol. & Psychiatry , vol.47 , pp. 16
    • Fergusson, D.M.1
  • 137
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    • Abortion and subsequent substance abuse
    • showing an association between abortion and substance abuse
    • See generally David C. Reardon & Philip G. Ney, Abortion and Subsequent Substance Abuse, 26 AM. J. DRUG & ALCOHOL ABUSE 61 (2000) (showing an association between abortion and substance abuse);
    • (2000) Am. J. Drug & Alcohol Abuse , vol.26 , pp. 61
    • Reardon, D.C.1    Ney, P.G.2
  • 138
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    • Suicides after pregnancy in finland, 1987-1994: Register linkage study
    • showing an association between abortion and suicide, Likewise, studies show short-term complications such as hemorrhaging, uterine perforation and infection
    • Mika Gissler et al., Suicides After Pregnancy in Finland, 1987-1994: Register Linkage Study, 313 BRITISH MED. J. 1433 (1996) (showing an association between abortion and suicide). Likewise, studies show short-term complications such as hemorrhaging, uterine perforation and infection.
    • (1996) British Med. J. , vol.313 , pp. 1433
    • Gissler, M.1
  • 140
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    • Further research into the effect of abortion on women's health is critical. See, in, Erika Bachiochi ed., "Approximately 25 percent of all pregnancies between 1.2 and 1.6 million per year are terminated in the United States; if there is even a small positive or negative effect of induced abortion on subsequent health, many women will be affected. Therefore, despite the political stalemate within the medical community, research in this area is a central women's health concern. "
    • Further research into the effect of abortion on women's health is critical. See Elizabeth M. Shadigian, in THE COST OF CHOICE 63 (Erika Bachiochi ed., 2002) ("Approximately 25 percent of all pregnancies (between 1.2 and 1.6 million per year) are terminated in the United States; if there is even a small positive or negative effect of induced abortion on subsequent health, many women will be affected. Therefore, despite the political stalemate within the medical community, research in this area is a central women's health concern. ").
    • (2002) The Cost of Choice , pp. 63
    • Shadigian, E.M.1
  • 141
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    • supra note 3
    • Siegel, Reasoning, supra note 3, at 265.
    • Reasoning , pp. 265
    • Siegel1
  • 142
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    • Gonzales v. Carhart, 171, dissenting
    • Gonzales v. Carhart, 550 U. S. 124, 171 (2007) (Ginsburg, J., dissenting)
    • (2007) U. S. , vol.550 , pp. 124
    • Ginsburg, J.1
  • 143
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    • quoting Planned Parenthood of Se. Pa. v. Casey, 856
    • (quoting Planned Parenthood of Se. Pa. v. Casey, 505 U. S. 833, 856 (1992)).
    • (1992) U. S. , vol.505 , pp. 833
  • 145
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    • Feminism and abortion: The great inconsistency
    • "All arguments in favor of abortion rights bear an alarming resemblance to the arguments used by men to justify discrimination against women. Principally, the arguments are that the fetus is not human, or is human only in some rudimentary way; that it is a part of its mother and has no rights of its own.... A fetus, while dependent on its mother, is no more a part of its mother than she is a part of her husband.... The fetus lives its own life, develops according to its own genetic program, sleeps, wakes, moves, according to its own inclinations."
    • Daphne Clair de Jong, Feminism and Abortion: The Great Inconsistency, in PROLIFE FEMINISM: YESTERDAY AND TODAY 228 (1995) ("[A]ll arguments [in favor of abortion rights] bear an alarming resemblance to the arguments used by men to justify discrimination against women. Principally, the arguments are that the fetus is not human, or is human only in some rudimentary way; that it is a part of its mother and has no rights of its own.... A fetus, while dependent on its mother, is no more a part of its mother than she is a part of her husband.... The fetus lives its own life, develops according to its own genetic program, sleeps, wakes, moves, according to its own inclinations.").
    • (1995) ProLife Feminism: Yesterday and Today , pp. 228
    • De Jong, D.C.1
  • 148
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    • supra note 3
    • Siegel, Reasoning, supra note 3, at 370-79.
    • Reasoning , pp. 370-379
    • Siegel1
  • 149
    • 80055019240 scopus 로고    scopus 로고
    • supra note 3
    • see also Siegel, Sex Equality, supra note 3, at 818.
    • Sex Equality , pp. 818
    • Siegel1
  • 150
    • 80055025616 scopus 로고    scopus 로고
    • supra note 3
    • Siegel, Reasoning, supra note 3, at 376-77.
    • Reasoning , pp. 376-377
    • Siegel1
  • 151
    • 80054969805 scopus 로고    scopus 로고
    • Dissenting
    • supra note 3, at, "Women are making great progress in our society, and it is not by means of denying their capacity to conceive and bear children. By adopting this Court's counsel of despair, employers and society at large lose all incentive to adapt to women's unique nature."
    • see also Teresa Stanton Collett, Dissenting, in WHAT ROE, supra note 3, at 189 ("Women are making great progress in our society, and it is not by means of denying their capacity to conceive and bear children. By adopting this Court's counsel of despair, employers and society at large lose all incentive to adapt to women's unique nature.").
    • What Roe , pp. 189
    • Collett, T.S.1
  • 152
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    • Abortion and the sexual agenda
    • 177 Robert M. Baird & Stuart E. Rosenbaum eds., 3rd ed, "Since attitudes, the law, and behavior interact... unless there is enforced limitation of abortion, which currently confirms the sexual and social status quo, alternatives will never be developed. For women to get what they need to combine childbearing, education, and careers, society has to recognize that female bodies come with wombs."
    • see also Sidney Callahan, Abortion and the Sexual Agenda, in THE ETHICS OF ABORTION: PROLIFE VS. PROCHOICE 167, 177 (Robert M. Baird & Stuart E. Rosenbaum eds., 3rd ed. 2001) ("Since attitudes, the law, and behavior interact... unless there is enforced limitation of abortion, which currently confirms the sexual and social status quo, alternatives will never be developed. For women to get what they need to combine childbearing, education, and careers, society has to recognize that female bodies come with wombs.").
    • (2001) The Ethics of Abortion: Prolife Vs. Prochoice , pp. 167
    • Callahan, S.1
  • 153
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    • Should bearing the child mean bearing all the cost? A catholic perspective on the sacrifice of motherhood and the common good
    • 20, noting that some feminist theorists argue that the disproportionate cost paid by women means others-men, childless women, and market institutions-are "free-riders", benefiting from mothers' labors but not contributing to the cost
    • Elizabeth R. Schiltz, Should Bearing the Child Mean Bearing All the Cost? A Catholic Perspective on the Sacrifice of Motherhood and the Common Good, 10 LOGOS 15, 20 (2007) (noting that some feminist theorists argue that the disproportionate cost paid by women means others-men, childless women, and market institutions-are "free-riders", benefiting from mothers' labors but not contributing to the cost);
    • (2007) Logos , vol.10 , pp. 15
    • Schiltz, E.R.1
  • 154
    • 80054972067 scopus 로고    scopus 로고
    • Gonzales v. carhart: Bringing abortion law back into the family law fold
    • 444, "Denying that women are drawn to their unborn children, as well as to spending considerable time and effort rearing born children, only results in policies reinforcing an outdated and largely male model of social life and employment-a model in which no institution need "flex" or change to allow women and men to meet children's needs. On the other hand, recognizing that both men and women feel keen obligations to their children at the same time that they have work or school obligations to meet is both more realistic and a more likely premise for a successful argument in favor of family-friendly work and education policies. This is true even if, as past decades have shown, women are more likely than men to take advantage of these policies by, for example, working flexible or parttime hours."
    • see Helen M. Alvaré, Gonzales v. Carhart: Bringing Abortion Law Back into the Family Law Fold, 69 MONT. L. REV. 409, 444 (2008) ("Denying that women are drawn to their unborn children, as well as to spending considerable time and effort rearing born children, only results in policies reinforcing an outdated and largely male model of social life and employment-a model in which no institution need "flex" or change to allow women and men to meet children's needs. On the other hand, recognizing that both men and women feel keen obligations to their children at the same time that they have work or school obligations to meet is both more realistic and a more likely premise for a successful argument in favor of family-friendly work and education policies. This is true even if, as past decades have shown, women are more likely than men to take advantage of these policies by, for example, working flexible or parttime hours.").
    • (2008) Mont. L. Rev. , vol.69 , pp. 409
    • Alvare, H.M.1
  • 155
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    • arguing that presentday employment understandings in both law and policy take as their model the autonomous male worker, unencumbered by responsibilities to children
    • See generally JOAN WILLIAMS, UNBENDING GENDER: WHY FAMILY AND WORK CONFLICT AND WHAT TO DO ABOUT IT (2000) (arguing that presentday employment understandings in both law and policy take as their model the autonomous male worker, unencumbered by responsibilities to children).
    • Unbending Gender: Why Family and Work Conflict and What to Do About It (2000)
    • Williams, J.1
  • 157
    • 80054998626 scopus 로고    scopus 로고
    • Survey: Moms' work would bring in $138, 095 a year
    • May 3, 9:47 AM, reporting 1997 Salary.com study evaluating market rate of various "jobs" the work of a mother entails
    • Survey: Moms' Work Would Bring in $138, 095 a Year, CNN. COM (May 3, 2007, 9:47 AM), http://www.cnn. com/2007/US/05/02/mothers.worth/index.html (reporting 1997 Salary.com study evaluating market rate of various "jobs" the work of a mother entails).
    • (2007) Cnn. Com.
  • 159
    • 77249178388 scopus 로고    scopus 로고
    • available at, reporting that most 16-64 year olds work because they "need the money" and ninety-four percent do so because they need to support themselves or their family
    • PEW RESEARCH CTR., AMERICA'S CHANGING WORKFORCE: RECESSION TURNS A GRAYING OFFICE GRAYER 16(2009), available at http://pewsocialtrends.org/files/ 2010/10/10americas-changing-workforce.pdf (reporting that most 16-64 year olds work because they "need the money" and ninety-four percent do so because they need to support themselves or their family).
    • (2009) America's Changing Workforce: Recession Turns a Graying Office Grayer , pp. 16
  • 160
    • 77953526483 scopus 로고    scopus 로고
    • available at http://www.news.uchicago.edu/releases/07/pdf/070417.jobs. pdf, finding that the most satisfying jobs are held by professionals, while the least satisfying are lowskill manual and service occupations
    • TOM W. SMITH, JOB SATISFACTION IN THE UNITED STATES 1(2007), available at http://www.news.uchicago.edu/releases/07/pdf/070417.jobs.pdf (finding that the most satisfying jobs are held by professionals, while the least satisfying are lowskill manual and service occupations).
    • (2007) Job Satisfaction in the United States , pp. 1
    • Smith, T.W.1
  • 161
    • 0037578713 scopus 로고    scopus 로고
    • reporting that fifty-four percent of employees report feeling overworked at least sometimes in the previous three months
    • See, e.g., ELLEN GALINSKY ET AL., FEELING OVERWORKED: WHEN WORK BECOMES TOO MUCH 6 (2001) (reporting that fifty-four percent of employees report feeling overworked at least sometimes in the previous three months);
    • (2001) Feeling Overworked: When Work Becomes Too Much , pp. 6
    • Galinsky, E.1
  • 162
    • 80055023859 scopus 로고    scopus 로고
    • finding that "the biggest concern among young workers-49% of women and 45% of men-was not having enough time for both family and work responsibilities
    • OR. CHILD CARE INFO. P'SHIP, EMPLOYER-SUPPORTED CHILD CARE IN OREGON 2 (2003) (finding that "[t]he biggest concern among young workers-49% of women and 45% of men-[was] not having enough time for [both] family and work responsibilities
    • (2003) Or. Child Care Info. P'ship, Employer-supported Child Care in Oregon , pp. 2
  • 164
    • 80054997967 scopus 로고    scopus 로고
    • surveying more than 2, 000 demographically diverse U. S. mothers eighteen and older with at least one child under the age of eighteen
    • See, e.g., MARTHA FARRELL ERICKSON & ENOLA G. AIRD, THE MOTHERHOOD STUDY, STUDY: FRESH INSIGHTS ON MOTHERS' ATTITUDES AND CONCERNS (2005) (surveying more than 2, 000 demographically diverse U. S. mothers eighteen and older with at least one child under the age of eighteen);
    • (2005) The Motherhood Study, Study: Fresh Insights on Mothers' Attitudes and Concerns
    • Erickson, M.F.1    Aird, E.G.2
  • 165
    • 80054996878 scopus 로고    scopus 로고
    • The harried life of the working mother
    • Oct
    • Kim Parker, The Harried Life of the Working Mother, PEW CENTER: SOCIAL DEMOGRAPHIC TRENDS (Oct. 2009) http://pewsocialtrends.org/2009/10/01/the- harried-life-of-the-working-mother/.
    • (2009) Pew Center: Social Demographic Trends
    • Parker, K.1
  • 167
    • 80055005929 scopus 로고    scopus 로고
    • Election poll finds work and family issues-amid economic worries-are a frequent daily concern for majority of america's voting parents
    • Nov. 13
    • Election Poll Finds Work and Family Issues-Amid Economic Worries-Are a Frequent Daily Concern for Majority of America's Voting Parents, IMPACT WIRE (Nov. 13, 2008), http://www.impactwire.com/article.asp?i=election-poll-finds- work-and-familyissues-amid-economic-worries-are-a-frequent-daily-concern- for&c=11132008&s=500.
    • (2008) Impact Wire
  • 168
    • 80055001330 scopus 로고    scopus 로고
    • supra note 3, at, and in practice in nineteenth-century abortion laws
    • For Professor Siegel's discussion of "physiological naturalism" as a theory, see Siegel, Reasoning, supra note 3, at 267-80, and in practice in nineteenth-century abortion laws
    • Reasoning , pp. 267-280
    • Siegel1
  • 169
    • 34249097523 scopus 로고    scopus 로고
    • For a searing criticism of Professor Siegel's view of nineteenth-century history regarding restrictions on abortion, see JOSEPH W. DELLAPENNA, DISPELLING THE MYTHS OF ABORTION HISTORY 371-86 (2006).
    • (2006) Dispelling the Myths of Abortion History , pp. 371-386
    • Dellapenna, J.W.1
  • 170
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    • The new politics of abortion: An equality analysis of woman-protective abortion restrictions
    • criticizing the women-protective rationales used by the South Dakota Task Force Report in an effort to restrict abortion. Professor Siegel's article is critical of the Report's depiction of women as "confused and coerced decision makers", which, she argues, uses "stereotypical reasoning about women's agency."
    • For Professor Siegel's discussion of the South Dakota Task Force, see generally Reva B. Siegel, The New Politics of Abortion: An Equality Analysis of Woman-Protective Abortion Restrictions, 2007 U. ILL. L. REV. 991 (criticizing the women-protective rationales used by the South Dakota Task Force Report in an effort to restrict abortion). Professor Siegel's article is critical of the Report's depiction of women as "confused and coerced decision makers", which, she argues, uses "stereotypical reasoning about women's agency."
    • U. Ill. L. Rev. , vol.2007 , pp. 991
    • Siegel, R.B.1
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    • The trajectory of trauma: Bodies and minds of abortion discourse
    • But see, arguing that the abortion-restrictive decision in Gonzales v. Carhart, which sought to protect women from mental trauma resulting from abortion, is not dissimilar from the abortion-permissive decision in Roe, which sought, in part, to protect women from mental trauma resulting from unwanted pregnancy
    • But see Jeannie Suk, The Trajectory of Trauma: Bodies and Minds of Abortion Discourse, 110 COLUM. L. REV. 1193 (arguing that the abortion-restrictive decision in Gonzales v. Carhart, which sought to protect women from mental trauma resulting from abortion, is not dissimilar from the abortion-permissive decision in Roe, which sought, in part, to protect women from mental trauma resulting from unwanted pregnancy).
    • Colum. L. Rev. , vol.110 , pp. 1193
    • Suk, J.1
  • 172
    • 80055015338 scopus 로고    scopus 로고
    • supra note 3, at, Even if Professor Siegel were correct about the rationale behind nineteenth-century abortion laws, which Dellapenna's groundbreaking historical work makes suspect
    • Siegel, Reasoning, supra note 3, at 266. Even if Professor Siegel were correct about the rationale behind nineteenth-century abortion laws, which Dellapenna's groundbreaking historical work makes suspect
    • Reasoning , pp. 266
    • Siegel1
  • 173
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    • Generational differences on abortion narrow
    • Mar. 12
    • For a recent poll reporting the growth of antiabortion sentiment among those aged 18-29, see Lydia Saad, Generational Differences on Abortion Narrow, GALLUP, Mar. 12, 2010, http://www.gallup. com/poll/126581/generational- differences-abortion-narrow.aspx.
    • (2010) Gallup
    • Saad, L.1
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    • supra note 74
    • See, e.g., Siegel, Concurring, supra note 74, at 78;
    • Concurring , pp. 78
    • Siegel1
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    • 80054992341 scopus 로고    scopus 로고
    • supra note 46
    • Siegel, New, supra note 46, at 1047;
    • New , pp. 1047
    • Siegel1
  • 176
    • 80055025616 scopus 로고    scopus 로고
    • supra note 3
    • Siegel, Reasoning, supra note 3, at 335.
    • Reasoning , pp. 335
    • Siegel1
  • 177
    • 80054992341 scopus 로고    scopus 로고
    • supra note 46
    • Siegel, New, supra note 46, at 1015.
    • New , pp. 1015
    • Siegel1
  • 178
    • 80055025616 scopus 로고    scopus 로고
    • supra note 3, at, "Abortion-restrictive regulation is state action compelling pregnancy...."
    • Siegel, Reasoning, supra note 3, at 350 ("Abortion-restrictive regulation is state action compelling pregnancy....").
    • Reasoning , pp. 350
    • Siegel1
  • 179
    • 80054989111 scopus 로고    scopus 로고
    • supra note 74
    • See Siegel, Concurring, supra note 74, at 72.
    • Concurring , pp. 72
    • Siegel1
  • 180
    • 80054992341 scopus 로고    scopus 로고
    • supra note 46
    • Siegel, New, supra note 46, at 1045-46.
    • New , pp. 1045-1046
    • Siegel1
  • 181
    • 33750442713 scopus 로고    scopus 로고
    • Nguyen v. INS, 73, "The difference between men and women in relation to the birth process is a real one, and the principle of equal protection does not forbid Congress to address the problem at hand in a manner specific to each gender."
    • Nguyen v. INS, 533 U. S. 53, 73 (2001) ("The difference between men and women in relation to the birth process is a real one, and the principle of equal protection does not forbid Congress to address the problem at hand in a manner specific to each gender.").
    • (2001) U. S. , vol.533 , pp. 53
  • 182
    • 33749436380 scopus 로고    scopus 로고
    • United States v. Virginia, 533-34, internal quotation marks omitted
    • United States v. Virginia, 518 U. S. 515, 533-34 (1996) (internal quotation marks omitted).
    • (1996) U. S. , vol.518 , pp. 515
  • 183
    • 80055025616 scopus 로고    scopus 로고
    • because of social pressures or expectations in some communities against offering children for adoption, see, supra note 3
    • because of social pressures or expectations in some communities against offering children for adoption, see Siegel, Reasoning, supra note 3, at 371-72;
    • Reasoning , pp. 371-372
    • Siegel1
  • 184
    • 80054982367 scopus 로고    scopus 로고
    • Judgment of the court
    • because the woman may suffer guilt and shame at failing to be what constitutes a "good mother", see, supra note 3
    • because the woman may suffer guilt and shame at failing to be what constitutes a "good mother", see Jack M. Balkin, Judgment of the Court, in WHAT ROE, supra note 3, at 41;
    • What Roe , pp. 41
    • Balkin, J.M.1
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    • or because the likely emotional bonds formed during pregnancy will make women who were "compelled to bear a child" feel a duty to raise the child, see Siegel, Reasoning, supra note 3, at 371-72. All of these are serious concerns, but apart from the first (burden of pregnancy concerns, addressed in Part III), they speak of a broken social system which ought to be reformed, rather than of any principled rationale for abortion. If social pressures keep a woman who is ill-prepared to care for her child from offering that child for adoption, we ought to work tirelessly to reverse such messaging, especially in light of the dearth of domestic adoption possibilities for couples who long to adopt. If a woman finds herself eager to care for a child with whom she has developed bonds during pregnancy, we ought to work tirelessly to support her in being able to do so. That adoption is not presently a compelling alternative for many women speaks far more to the ease with which liberal abortion laws enable women to dispense of their unborn children, thus enabling societal forces on the whole to neglect needed reforms to adoption laws, practices, and attitudes.
    • Reasoning , pp. 371-372
    • Siegel1
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    • Siegel, Reasoning, supra note 3, at 267.
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    • Siegel1
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    • Dissenting
    • quoting, supra note 3, at, 194. If abortion is necessary to equalize the sexes under conditions of inequality, then abortion rights would seem to have a "built-in sunset clause" if and when sexual equality is achieved
    • (quoting Teresa Stanton Collett, Dissenting, in WHAT ROE, supra note 3, at 187, 194). If abortion is necessary to equalize the sexes under conditions of inequality, then abortion rights would seem to have a "built-in sunset clause" if and when sexual equality is achieved.
    • What Roe , pp. 187
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    • See, e.g., Lawrence B. Finer et al., Reasons U. S. Women Have Abortions: Quantitative and Qualitative Perspectives, 37 PERSP. ON SEXUAL & REPRODUCTIVE HEALTH 110, 110 (2005);
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    • Priscilla J. Smith, Responsibility for Life: How Abortion Serves Women's Interest in Motherhood, 17 BROOK. J. L. & POL'Y 97, 106-07 & nn. 27-28 (2008);
    • (2008) Brook. J. L. & Pol'y , vol.17 , pp. 97
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    • J. Douglas Butler & David F. Walbert eds., 4th ed, "Roe is rarely cited as a precedent for women's rights in any area other than abortion. Virtually all progress in women's legal, social and employment rights over the past 30 years has come about through federal or state legislation and judicial interpretation wholly unrelated to and not derived from Roe v. Wade."
    • Paige C. Cunningham & Clarke D. Forsythe, Is Abortion the 'First Right' for Women?: Some Consequences of Legal Abortion, in ABORTION, MEDICINE AND THE LAW 154 (J. Douglas Butler & David F. Walbert eds., 4th ed. 1992) ("Roe is rarely cited as a precedent for women's rights in any area other than abortion. Virtually all progress in women's legal, social and employment rights over the past 30 years has come about through federal or state legislation and judicial interpretation wholly unrelated to and not derived from Roe v. Wade.");
    • (1992) Abortion, Medicine and the Law , pp. 154
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    • Paul Benjamin Linton, Planned Parenthood v. Casey: The Flight From Reason in the Supreme Court, 13 ST. LOUIS U. PUB. L. REV. 15, 42, 44-45 nn. 128-32 (1993) ("Whatever progress has been made in the law in combating sex discrimination is attributable to other, independent constitutional doctrines or to congressional or state action, rather than to any particular reliance on Roe.").
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    • See, e.g., Siegel, Reasoning, supra note 3, at 350.
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    • See Andrew Peach, Abortion and Parental Obligation, in LIFE AND LEARNING XIV 193, 200 (Joseph W. Koterski ed., 2004).
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    • *435 "The duty of parents to provide for the maintenance of their children is... an obligation... laid on them... by their own proper act, in bringing them into the world: for they would be in the highest manner injurious to their issue, if they only gave the children life, that they might afterwards see them perish."
    • *435 ("The duty of parents to provide for the maintenance of their children is... an obligation... laid on them... by their own proper act, in bringing them into the world: for they would be in the highest manner injurious to their issue, if they only gave the children life, that they might afterwards see them perish.");
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    • 340, questioning the contractarian theory of moral obligation in light of its inability to account for parental obligation
    • see also John Eekelaar, Are Parents Morally Obliged to Care for Their Children?, 11 OXFORD J. L. STUD. 340, 340 (1991) (questioning the contractarian theory of moral obligation in light of its inability to account for parental obligation).
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    • The true source of parental obligations
    • Joseph Koterski ed., Professor Lemmons argues that Professor Peach is unable to ground parental obligation in biological relation alone, as in the case of an unrelated embryo implanted into a woman's womb. My view is that, although Professor Peach gets us past the contractarian assumptions in the consent to pregnancy/consent to parenthood and consent-to-sex/consent-to- pregnancy frameworks, Professor Beckwith's argument that the parents acted to bring into existence a being who is needy by nature grounds parental obligation to any who participate in the creation of an embryo whether through intercourse or in a test tube
    • For a disagreement between Professors Peach and Lemmons regarding the nature of obligation, see R. Mary Hayden Lemmons, The True Source of Parental Obligations, in LIFE AND LEARNING XIV 219, 221 (Joseph Koterski ed., 2004). Professor Lemmons argues that Professor Peach is unable to ground parental obligation in biological relation alone, as in the case of an unrelated embryo implanted into a woman's womb. My view is that, although Professor Peach gets us past the contractarian assumptions in the consent to pregnancy/consent to parenthood and consent-to-sex/consent-to-pregnancy frameworks, Professor Beckwith's argument (that the parents acted to bring into existence a being who is needy by nature) grounds parental obligation to any who participate in the creation of an embryo (whether through intercourse or in a test tube).
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    • Bruce Chapman, Ethical Issues in the Law of Tort, in JUSTICE, RIGHTS, AND TORT LAW 20-21 (Michael D. Bayles & Bruce Chapman eds., 1983);
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    • Storming the gates of a massive cultural investment: Reconsidering roe in light of its flawed foundation and undesirable consequences
    • 42, "When we consider that women are treated as property, it is degrading to women that we should treat our children as property to be disposed of as we see fit." quoting Letter from Elizabeth Cady Stanton to Julia Ward Howe, October 16, 1873, recorded in Howe's diary at Harvard University Library
    • See, e.g., Hunter Baker, Storming the Gates of a Massive Cultural Investment: Reconsidering Roe in Light of its Flawed Foundation and Undesirable Consequences, 14 REGENT U. L. REV. 35, 42 (2001) ("When we consider that women are treated as property, it is degrading to women that we should treat our children as property to be disposed of as we see fit." (quoting Letter from Elizabeth Cady Stanton to Julia Ward Howe, (October 16, 1873), (recorded in Howe's diary at Harvard University Library)));
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    • The founding of feminists for life
    • Derr et al. eds., 2d ed, "Having known oppression, we cannot stand by and allow the oppression of an entire class of weaker human beings. Having once been owned by our husbands, we cannot condone a position that says the unborn are owned by their mothers. Remembering a time when our value was determined by whether a man wanted us, we refuse to bow to the patriarchal attitude that says the unborn child's value is determined by whether a woman wants her."
    • Cindy Osborne, Pat Goltz, Catherine Callaghan, and the Founding of Feminists for Life, in PROLIFE FEMINISM: YESTERDAY AND TODAY 219, 222-23 (Derr et al. eds., 2d ed. 2005) ("Having known oppression, we cannot stand by and allow the oppression of an entire class of weaker human beings. Having once been owned by our husbands, we cannot condone a position that says the unborn are owned by their mothers. Remembering a time when our value was determined by whether a man wanted us, we refuse to bow to the patriarchal attitude that says the unborn child's value is determined by whether a woman wants her.").
    • (2005) Prolife Feminism: Yesterday and Today , vol.219 , pp. 222-223
    • Osborne, C.1    Goltz, P.2    Callaghan, C.3
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    • Jurisprudence and gender
    • revealing the essentially male perspective inherent in liberal legal theory's emphasis on autonomy and individualism. This strain of feminism has also been referred to as "care feminism", "dependency feminism", and "cultural feminism."
    • See generally Robin West, Jurisprudence and Gender, 55 U. CHI. L. REV. 1 (1988) (revealing the essentially male perspective inherent in liberal legal theory's emphasis on autonomy and individualism). This strain of feminism has also been referred to as "care feminism", "dependency feminism", and "cultural feminism."
    • (1988) U. Chi. L. Rev. , vol.55 , pp. 1
    • West, R.1
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    • In a diffident voice: Relational feminism, abortion rights, and the feminist legal agenda
    • 882, arguing that, although justifications for abortion have rightly been based on bodily and decisional autonomy, relational feminists are critical of such autonomy-a criticism that tends to undermine their support for abortion
    • See, e.g., Pamela S. Karlan & Daniel R. Ortiz, In a Diffident Voice: Relational Feminism, Abortion Rights, and the Feminist Legal Agenda, 87 NW. U. L. REV. 858, 882 (1993) (arguing that, although justifications for abortion have rightly been based on bodily and decisional autonomy, relational feminists are critical of such autonomy-a criticism that tends to undermine their support for abortion);
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    • Karlan, P.S.1    Ortiz, D.R.2
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    • Maura A. Ryan, The Argument for Unlimited Procreative Liberty: A Feminist Critique, 20 HASTINGS CENTER REP. 6, 10 (1990);
    • (1990) Hastings Center Rep. , vol.20 , pp. 6
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    • Celeste Michelle Condit, Within the Confines of the Law: Abortion and a Substantive Rhetoric of Liberty, 38 BUFF. L. REV. 903, 909 (1990)
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    • reviewing, arguing "a mother by definition is a person-in-a- relationship" and because women become mothers through pregnancy, women must be free "to secure the status of 'not-mother'"
    • (reviewing LAURENCE H. TRIBE, ABORTION: THE CLASH OF ABSOLUTES (1990)) (arguing "[a] mother by definition is a person-in-a-relationship" and because women become mothers through pregnancy, women must be free "to secure the status of 'not-mother'").
    • (1990) Abortion: The Clash of Absolutes
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    • The supreme court, 1989 term-foreward: Taking freedom seriously
    • 81-82
    • see also Robin West, The Supreme Court, 1989 Term-Foreward: Taking Freedom Seriously, 104 HARV. L. REV. 43, 81-82 (1990).
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    • West, R.1
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    • For a collection of stories by women who resisted the social or medical pressure to abort physiologically imperfect children, including those who were prenatally misdiagnosed, see generally MELINDA TANKARD REIST, DEFIANT BIRTH: WOMEN WHO RESIST MEDICAL EUGENICS (2006).
    • (2006) Defiant Birth: Women Who Resist Medical Eugenics
    • Reist, M.T.1
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    • A leap of love: Adoptions of children with down syndrome are on the increase
    • Nov. 9, at, reporting that 200 families are on a waiting list to adopt a child with Down Syndrome in the United States
    • Michael Alison Chandler, A Leap of Love: Adoptions of Children with Down Syndrome are on the Increase, WASH. POST, Nov. 9, 2008, at A1 (reporting that 200 families are on a waiting list to adopt a child with Down Syndrome in the United States).
    • (2008) Wash. Post
    • Chandler, M.A.1
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    • comparing generous maternity and child care policies of Western Europe with minimalist policies in the U. S. in light of far stricter abortion regulation in the former than the latter
    • MARY ANN GLENDON, ABORTION AND DIVORCE IN WESTERN LAW 53-58 (1987) (comparing generous maternity and child care policies of Western Europe with minimalist policies in the U. S. in light of far stricter abortion regulation in the former than the latter).
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    • Glendon, M.A.1
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    • Legal Studies Research Paper Series, Research Paper No. 80, available at, The quoted material was omitted from the article as eventually published in the Harvard Civil Rights-Civil Liberties Law Review
    • Jennifer S. Hendricks, Body and Soul: Equality, Pregnancy, and the Unitary Right to Abortion 38 (Legal Studies Research Paper Series, Research Paper No. 80, 2009), available at http://works.bepress.com/cgi/viewcontent.cgi? article=1002&context=jennifer-hendricks. The quoted material was omitted from the article as eventually published in the Harvard Civil Rights-Civil Liberties Law Review.
    • (2009) Body and Soul: Equality, Pregnancy, and the Unitary Right to Abortion , pp. 38
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    • available at
    • Helen M. Alvaré, Gonzales v. Carhart: Abortion Law that Looks Like Family Law, in LIFE AND LEARNING XVII 129, 150(2007), available at http://www.uffl.org/vol17/ALVARE07.pdf
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    • also published as, Abortion jurisprudence in the pre-Gonzales era generally presumed a confrontational rather than bonded mother-child relationship. Indeed, Gonzales's notion that a mother-child relationship is at stake in abortion strikes at the very heart of earlier abortion jurisprudence, and certainly prochoice argument, that the abortion right centers on women's right to "autonomy." "No matter which dictionary one consults, 'autonomy' appears as a concept opposite to the notion of 'relationship. '"
    • (also published as Helen M. Alvaré, Gonzales v. Carhart: Bringing Abortion Law Back into the Family Law Fold, 69 MONT. L. REV. 409 (2008)). Abortion jurisprudence in the pre-Gonzales era generally presumed a confrontational rather than bonded mother-child relationship. Indeed, Gonzales's notion that a mother-child relationship is at stake in abortion strikes at the very heart of earlier abortion jurisprudence, and certainly prochoice argument, that the abortion right centers on women's right to "autonomy." "No matter which dictionary one consults, 'autonomy' appears as a concept opposite to the notion of 'relationship. '"
    • (2008) Mont. L. Rev. , vol.69 , pp. 409
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    • "Those who advocate legal abortion concede that pregnant women are intolerably handicapped; they cannot compete in a male world of wombless efficiency."
    • See Rosemary Oelrich Bottcher, Abortion Threatens Women's Equality, in PROLIFE FEMINISM: YESTERDAY AND TODAY 238, 239 (1995) ("Those who advocate legal abortion concede that pregnant women are intolerably handicapped; they cannot compete in a male world of wombless efficiency.");
    • (1995) ProLife Feminism: Yesterday and Today , vol.238 , pp. 239
    • Bottcher, R.O.1
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    • Brad Stetson ed., "The view that the unborn have social and moral status elevates human gestation and maternity to a meaningful, charitable, purposeful act."
    • Camille S. Williams, Feminism and Imaging the Unborn, in SILENT SUBJECT: REFLECTIONS ON THE UNBORN IN AMERICAN CULTURE 65-67 (Brad Stetson ed., 1996) ("The view that the unborn have social and moral status elevates human gestation and maternity to a meaningful, charitable, purposeful act.").
    • (1996) Silent Subject: Reflections on the Unborn in American Culture , pp. 65-67
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    • Hilberman, E.1    Munson, K.2
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    • Brian McQuarrie, Guard, Clinic at Odds at Abortion Hearing, BOS. GLOBE, Apr. 16, 1999, at B6.
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    • supra note 3, at 273-74 arguing that Roe's privacy rationale "invites criticism of the abortion right as an instrument of feminine expedience. because it presents the burdens of motherhood as woman's destiny and dilemma-a condition for which no other social actor bears responsibility."
    • Siegel, Reasoning, supra note 3, at 273-74 (arguing that Roe's privacy rationale "invites criticism of the abortion right as an instrument of feminine expedience... because it presents the burdens of motherhood as woman's destiny and dilemma-a condition for which no other social actor bears responsibility.");
    • Reasoning
    • Siegel1
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    • Concurring in roe, dissenting in doe
    • supra note 3
    • Akhil Reed Amar, Concurring in Roe, Dissenting in Doe, in WHAT ROE, supra note 3, at 164;
    • What Roe , pp. 164
    • Amar, A.R.1
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    • Preglimony
    • proposing a pregnancy-support tax deduction to incentivize paternal pregnancy support
    • see also, Shari Motro, Preglimony, 63 STAN. L. REV. 647 (2011) (proposing a pregnancy-support tax deduction to incentivize paternal pregnancy support).
    • (2011) Stan. L. Rev. , vol.63 , pp. 647
    • Motro, S.1
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    • The price of pleasure
    • suggesting that men who impregnate women be required by law to make monetary contributions to mitigate unequal reproductive burdens borne by women
    • see also Shari Motro, The Price of Pleasure, 104 NW. U. L. REV. 917 (2010) (suggesting that men who impregnate women be required by law to make monetary contributions to mitigate unequal reproductive burdens borne by women).
    • (2010) Nw. U. L. Rev. , vol.104 , pp. 917
    • Motro, S.1
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    • As then-presidential candidate Barack Obama said in a Father's Day speech: "We need fathers to realize that responsibility does not end at conception. We need them to realize that what makes you a man is not the ability to have a child-it's the courage to raise one.", June 15
    • As then-presidential candidate Barack Obama said in a Father's Day speech: "We need fathers to realize that responsibility does not end at conception. We need them to realize that what makes you a man is not the ability to have a child-it's the courage to raise one." Senator Barack Obama, Father's Day Speech at Chicago Apostolic Church of God (June 15, 2008).
    • (2008) Father's Day Speech at Chicago Apostolic Church of God
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    • supra note 3, at, "A sex equality analysis views sexual intimacy as a human need worthy of fulfillment; it respects sexual relationships that fulfill this need even when such relationships diverge from the heterosexual, procreative, and marital forms that custom privileges."
    • Siegel, Sex Equality, supra note 3, at 817 ("A sex equality analysis views sexual intimacy as a human need worthy of fulfillment; it respects sexual relationships that fulfill this need even when such relationships diverge from the heterosexual, procreative, and marital forms that custom privileges.").
    • Sex Equality , pp. 817
    • Siegel1
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    • Estimates of contraceptive failure from the 2002 national survey of family growth
    • Professor Helen Alvaré argues that comprehensive sex education programs often treat the connection between sex and babies as rather tangential. She quotes a public school sexeducated woman: "we learned not that sex creates babies, but that unprotected sex creates babies.... Because I saw sex as being by default closed to the possibility of life, I thought of unplanned pregnancies as akin to being struck by lightning while walking down the street-something totally unpredictable...."
    • See Kathryn Kost et al., Estimates of Contraceptive Failure From the 2002 National Survey of Family Growth, 77 CONTRACEPTION 10 (2008). Professor Helen Alvaré argues that comprehensive sex education programs often treat the connection between sex and babies as rather tangential. She quotes a public school sexeducated woman: "we learned not that sex creates babies, but that unprotected sex creates babies.... Because I saw sex as being by default closed to the possibility of life, I thought of unplanned pregnancies as akin to being struck by lightning while walking down the street-something totally unpredictable...."
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    • Kost, K.1
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    • Beyond the sex-ed wars: Addressing disadvantaged single mothers' search for community
    • 208, arguing that sex education programs, whether comprehensive or abstinence-based, ought to find ways to speak to women's desire for relationship and community rather than simply educate to prevent pregnancy and disease
    • Helen Alvaré, Beyond the Sex-Ed Wars: Addressing Disadvantaged Single Mothers' Search for Community, 44 AKRON L. REV. 167, 208 (2011) (arguing that sex education programs, whether comprehensive or abstinence-based, ought to find ways to speak to women's desire for relationship and community rather than simply educate to prevent pregnancy and disease).
    • (2011) Akron L. Rev. , vol.44 , pp. 167
    • Alvaré, H.1
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    • supra note 3
    • See, e.g., Siegel, Sex Equality, supra note 3, at 818-19.
    • Sex Equality , pp. 818-819
    • Siegel1
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    • supra note 3, at, In principle, the value of fetal life does not depend upon whether conception was caused by consensual intercourse or rape. Again, consent to sex does not ground parental duty; engaging in an act that causes the biological dependency of one's unborn child grounds such duty. Still, because victims of rape do not willfully engage in an act that may produce such a foreseeable result, but are rather preyed upon by violent aggressors, prolife legislators are often willing to allow for rape exceptions to abortion regulations, especially if such an exception would serve as a compromise measure for more extensive regulations. From a prolife feminist perspective, however, abortion is viewed as a second violent assault on the rape victim rather than a path toward healing; more humane responses have been shown successful
    • Siegel, Reasoning, supra note 3, at 364. In principle, the value of fetal life does not depend upon whether conception was caused by consensual intercourse or rape. Again, consent to sex does not ground parental duty; engaging in an act that causes the biological dependency of one's unborn child grounds such duty. Still, because victims of rape do not willfully engage in an act that may produce such a foreseeable result, but are rather preyed upon by violent aggressors, prolife legislators are often willing to allow for rape exceptions to abortion regulations, especially if such an exception would serve as a compromise measure for more extensive regulations. From a prolife feminist perspective, however, abortion is viewed as a second violent assault on the rape victim rather than a path toward healing; more humane responses have been shown successful.
    • Reasoning , pp. 364
    • Siegel1
  • 241
    • 77952100368 scopus 로고
    • Pregnancy and sexual assault
    • David Mall & Walter F. Watts eds.
    • See, e.g., Sandra K. Mahkom, Pregnancy and Sexual Assault, in THE PSYCHOLOGICAL ASPECTS OF ABORTION 53-72 (David Mall & Walter F. Watts eds., 1979).
    • (1979) The Psychological Aspects of Abortion , pp. 53-72
    • Mahkom, S.K.1
  • 243
    • 6444224918 scopus 로고    scopus 로고
    • The early American feminists understood that truly respecting women meant taking seriously their procreative capacities. Not only were these women prolife through and through, but they also embraced an ideal of "voluntary motherhood" in which women and men, in appreciation of the creative potential of the sexual act, engaged in the act according to the so-called rhythm of the female reproductive system. See, e.g., LINDA GORDON, THE MORAL PROPERTY OF WOMEN: A HISTORY OF BIRTH CONTROL POLITICS IN AMERICA 57 (2002);
    • (2002) The Moral Property of Women: A History of Birth Control Politics in America , pp. 57
    • Gordon, L.1
  • 244
    • 80055009521 scopus 로고    scopus 로고
    • The gift of female fertility
    • Erika Bachiochi ed.
    • Angela Franks, The Gift of Female Fertility, in WOMEN, SEX, & THE CHURCH (Erika Bachiochi ed., 2010);
    • (2010) Women, Sex, & the Church
    • Franks, A.1
  • 245
    • 79953118901 scopus 로고    scopus 로고
    • Voluntary motherhood: The beginnings of feminist birth control ideas in the United States
    • Judith Walzer Leavitt ed., 2d ed
    • Linda Gordon, Voluntary Motherhood: The Beginnings of Feminist Birth Control Ideas in the United States, in WOMEN AND HEALTH IN AMERICA: HISTORICAL READINGS 253 (Judith Walzer Leavitt ed., 2d ed. 1999);
    • (1999) Women and Health in America: Historical Readings , pp. 253
    • Gordon, L.1
  • 246
    • 80055012707 scopus 로고    scopus 로고
    • supra note 3, at, acknowledging that nineteenth century feminists "did not endorse abortion or contraception", but instead practiced sexual restraint within marriage to regulate birth. An early forerunner to the highly scientific and effective method of fertility awareness method or natural family planning utilized today by both orthodox Catholics and back-to-the-earth feminists, this method required self-restraint on the part of the man in particular, an essential characteristic of an authentically prowoman sexuality
    • Siegel, Sex Equality, supra note 3, at 819 (acknowledging that nineteenth century feminists "did not endorse abortion or contraception", but instead practiced sexual restraint within marriage to regulate birth). An early forerunner to the highly scientific and effective method of fertility awareness method (or natural family planning) utilized today by both orthodox Catholics and back-to-the-earth feminists, this method required self-restraint on the part of the man in particular, an essential characteristic of an authentically prowoman sexuality.
    • Sex Equality , pp. 819
    • Siegel1
  • 247
    • 0347645224 scopus 로고    scopus 로고
    • Sidney Callahan, in her criticism of the "masculinization of female sexuality", comments upon how the ethic of commitment and self-discipline, so revered in the world of work by feminists, is denounced as unnatural in the sphere of sexuality
    • For a popular secular account of natural family planning, see generally TONI WESCHLER, TAKING CHARGE OF YOUR FERTILITY (2006). Sidney Callahan, in her criticism of the "masculiniz[ation] of female sexuality", comments upon how the ethic of commitment and self-discipline, so revered in the world of work by feminists, is denounced as unnatural in the sphere of sexuality.
    • (2006) Taking Charge of Your Fertility
    • Weschler, T.1


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.