Reproductive Rights

The article describes the problem of the consistency of the medical conscience clause in the Polish legal system. In the first part of the paper, I outline an account of conscience as the ultimate norm of morality. In its second part, I discuss the meaning of conscience clause and its legal status. Part three examines some criticisms of the clause in its present form. The main criticism is that the clause is self-referential, which in some cases leads to absurdity.

It seems interesting to find out how the situation of the Polish ART practice is reflected in the medical students’ opinions. To answer this question we carried out a two-stage research adopting a data-driven methodology based upon the grounded theory, in which we collected a mixture of quantitative and qualitative data. Our study has revealed students’ high acceptance of IVF and most of the additional procedures, except for IVF in the case of women over 40 and postmenopausal ones. The students’ (...) main concerns were to be compatible with what is presented in medical literature and commonly accepted in medical practice, so the core categories they focused on in their argumentation were medical evidence and medical standards. Whereas the students were consistently trying to ground their reasoning on medical knowledge, their opinions reflected not only statements based on hard data, but also some gender stereotypes hidden in medical literature. (shrink)

The use of assisted reproductive technology is becoming more and more common nowadays and the procedures that a few years ago would be seen as experimental have now become basic benefits. The present text covers the issues of risks and conflicts faced by family members and related with the use of technology in the process of conceiving and giving birth to a child. The authors pay special attention to the possible use of foreign germ cells in the conception of a (...) child. The article aims to demonstrate that the use of modern and advanced medical technology in health care in the field of medically assisted procreation may be seen as a benefit for the family, which satisfies the desire to have a child, but in the long run it may give rise to legal or psychological problems as well. The authors examine the draft on the infertility treatment. (shrink)

We began with three propositions: that people have a right not to be treated as mere means to the ends of others, that a woman who voluntarily becomes pregnant nevertheless has the right to an abortion, and that a woman who voluntarily gives birth does not have a right to abandon her child until she finds a substitute caretaker. These propositions initially seemed inconsistent, for the prohibition on treating others as mere means appeared to rule out the possibility of positive (...) rights, thus making it impossible to countenance the right to abort or the right not to be abandoned . But we have seen that the prohibition on treating people as mere means to the ends of others is best understood as ruling out basic positive rights while permitting derivative ones. Since a willing mother is responsible for bringing her child into the world in the first place, she cannot abandon it without violating its negative right not to be killed, and so such a child has a derivative positive right not to be abandoned. A pregnant woman, on the other hand, has a negative right not to have her body invaded, and from this negative right derives a positive right to abort her fetus, so long as doing so is not disproportionate to the seriousness of the threat . Therefore, far from being in conflict, propositions , , and have been shown to be in harmony with one another, the latter two being plausibly grounded in the first. Insofar as we have reason to accept , then, we have reason to accept and . Moreover, we have seen that a proper understanding of allows us to embed and in a larger moral perspective in which the limits of compulsory altruism are firmly drawn: enforceable rights to the use or assistance of others may be allowed into the moral domain only if they are “sponsored” by some negative right. Every putative positive right must find such a sponsor, or perish. (shrink)

Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus is (...) a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

Lawrence Nelson (2018) criticizes conscientious objection (CO) to abortion statutes as far as they permit health care providers to escape criminal liability for what would otherwise be the legally wrongful taking of a pregnant woman’s life by refusing treatment (i.e. abortion). His key argument refers to the U.S. Supreme Court judgment (Roe v. Wade 1973) that does not treat the unborn as constitutional persons under the Fourteenth Amendment. Therefore, Nelson claims that within the U.S. legal system any vital interests of (...) pregnant women must always take precedence over fetuses’ interests. While agreeing with the main thesis of the article, we believe that the author’s argument neither vindicates his claim, nor explains why those who believe that fetuses are equally protectable human beings do not have the right to refuse to perform an abortion in lifethreatening emergency circumstances (AE). Therefore, the main aim of our commentary is to outline, by referring to our earlier works on conscientious objection in health care (Z_ uradzki 2016) and cultural exemptions (Ciszewski 2016), a better and universalizable argumentative path that would lead to the same conclusion. (shrink)

Eugenics is commonly thought of as having endured as science and social movement only until 1945. With the advance of both reproductive and enhancement technologies, however, concern has arisen that eugenics has resurfaced in new forms. In particular, the eugenic potential of the Human Genome Project led to talk of the rise of ‘newgenics’ and of a backdoor to eugenics. This article focuses on such concerns deriving from the practice of prenatal screening and technologies that increase our ability to generate (...) information about the kinds of children we are likely to have. Given individual preferences and social norms concerning what traits are intergenerationally desirable, how should we act and what practices and policies should we endorse or scrutinise? This article will concentrate on key components of eugenic thinking present today and emphasise continuities between the eugenic past and new- genic present in the subhumanisation of people with cognitive or intellectual disabilities. (shrink)

Joona Räsänen, in his article ‘Ectogenesis, abortion and a right to the death of the fetus’, has argued for the view that parents have a right to the death of the fetus. In this article, I will explicate the three arguments Räsänen defends, and show that two of them have false or unmotivated premises and hence fail, and that the support he offers for his third argument is inconsistent with other views he expresses in his article. Therefore, I conclude that (...) there is no right to the death of the fetus—or, if there is one, Räsänen has not shown it. (shrink)

The March 2002 symposium Human Dignity and Reproductive Technology brought together philosophers, theologians, scientists, lawyers, and scholars from across the United States. The essays of this book are the contributions of the symposium's participants.

Is the wish to be biologically related to your children legitimate? Here, I respond to an argument in support of a negative answer to this question according to which a preference towards having children one is biologically related to is analogous to a preference towards associating with members of one’s own race. I reject this analogy, mainly on the grounds that only the latter constitutes discrimination; still, I conclude that indeed a preference towards children one is biologically related to is (...) morally illegitimate because, in the context of parental love, biological considerations are normatively irrelevant. (shrink)

While the European integration project is facing new challenges, abandonments and criticism, it is often forgotten that there are powerful legal instruments that allow citizens to protect and extend their rights. These instruments and the actions taken to activate them are often overlooked and deliberately ignored in the mainstream debates. -/- This book presents a selection of cases in which legal institutions, social movements, avant-gardes and minorities have tried, and often succeeded, to enhance the current state of human rights through (...) traditional as well as innovative actions. The chapters of this book investigate some of the cases in which the gap between the conventionally recognized rights and those advocated is becoming wider and where traditionally disadvantaged groups raise new problems or new issues are emerging concerning individual freedom, transparency and accountability, which are not yet properly addressed in the current political and legal landscape. Can political institutions and courts without coercive power of last resort actually foster more progressive rights? This book suggests that the expansion of human rights might be a viable strategy to generate a proper European citizenship. (shrink)

I take issue with the view that libertarian theory does not imply any particular stand on abortion. Liberty is the absence of interference with people’s wills—interests, wishes, and desires. Only entities that have such are eligible for the direct rights of libertarian theory. Foetuses do not; and if aborted, there is then no future person whose rights are violated. Hence the “liberal” view of abortion: women (especially) may decide whether to bear the children they have conceived. Birth is a good (...) dividing line between the freedom to abort and the point at which society is permitted to take an interest. Once born, children detach from their mothers; no invasion of their bodies is necessary to separate them. Yet some ways of bringing them up can have a negative impact on society. There is a thus legitimate interest in protecting ourselves from the results of truly bad parenting. (shrink)

With the recent report of a live birth after use of Mitochondrial replacement therapy, sometimes called ‘Three-parent IVF’, the clinical application of the technique is fast becoming a reality. While the United Kingdom allows the procedure under regulatory scrutiny, it remains effectively outlawed in many other countries. We argue that such prohibitions may violate individuals’ procreative rights, grounded in individuals’ interest in genetic affinity. The interest in genetic affinity was recently endorsed by Singapore’s highest court, reflecting an emphasis on the (...) importance of biological ties found across the globe. We apply that reasoning to make the case for a right to ‘Three-parent IVF’. (shrink)

Whether in vitro fertilization is medically necessary determines, in many jurisdictions, whether it ought to be funded through public health insurance. This is certainly the case in Canada, where the Canada Health Act requires that provinces pay for all medically necessary health care services. Debate raged recently in Ontario, my own province, over whether IVF should be deemed medically necessary and therefore covered under Ontario’s Health Insurance Plan. Advocates for public funding insisted that Ontario, along with most other provinces in (...) Canada, was behind the times in not having such funding, given how many governments around the world, including most European... (shrink)

Sarah Conly's One Child is a substantive treatment of the extent to which procreative freedom is curtailed by rising global population and the environmental problems to which it contributes. This review provides an overview of the book's content and closes with a few critical remarks. The book is highly recommended for those interested in the intersection between environmental ethics and the ethics of procreation.

Our ordinary moral attitudes give a prominent place to the principle that each person ought specially to care for any child who is his or her genetic offspring. From this principle of genetic-parental responsibility and other plausible premises, we can derive the principle that each person has the right to control the genetic use of his or her own genes. But there are competing principles of parental responsibility that require consideration. Principles of nurture are among the important competitors. Also, the (...) view that a woman has the right to control her own body for reproductive purposes may be based on a principle that denies the genetic-parental principle. (shrink)

Parfit’s (1984) Non-Identity Problem provides a strong line of argument that we cannot be harmed by pre-conception choices or actions. I argue that we can no longer appeal to the Non-Identity problem in order to justify using pre-conception genetic screening and selection techniques as a harmless tool to determine the genetic constitution of future individuals. My criticism of the Non-Identity problem is based on a rejection of the metaphysical foundations of Parfit’s argument - Kripke’s (1980) essentialist arguments for the necessity (...) of origin. I offer an alternative account of modal harms based on counterpart theory such as that offered by David Lewis (1986). On this account, individuals can make legitimate harm claims in regard to pre-conception choices made in determining their genetic constitution by appeal to their counterparts across possible worlds. (shrink)

This paper examines whether low income is a barrier to contraceptive use in Pakistan, a country in which economic conditions are deteriorating at a time when the private sector is becoming a more important supplier of contraception. Multivariate regression analysis performed using the Pakistan Contraceptive Demand Survey suggests that low income is a deterrent to modern contraceptive use in Pakistan. This is particularly the case for contraceptive methods supplied through the private sector. It is concluded that, if the aim of (...) family planning programmes is to reach low[hyphen]income people, the prices of contraceptives supplied through the private sector should be kept as low as possible. (shrink)

I review this report of an old medical congress on reproductive medicine. Much has happened in the 17 years since its publication but the most urgent task of preventing further population growth has largely failed on a global scale. I try to bring it up to date and briefly discuss the inexorable disaster coming as the world population passes 11 billion in the 22nd century. -/- Those interested in all my writings in their most recent versions may consult my e-book (...) Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2016 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX -/- . (shrink)

This paper analyzes the underlying tendencies and attitudes toward reproductive medicine borrowing the Nietzschean concepts of nihilism: “death of God” with secularization; “will to power” with reproductive liberty and technological power; and the race of “supermen” with transhumanism. Medical science has advanced in leaps and bounds. In some way, technical innovations have given us unprecedented power to manipulate the way we reproduce. The indiscriminant use of medical technology is backed by a warped notion of human freedom. With secularization in the (...) West, freedom has taken on greater significance in society, but with a heavy emphasis on individual choices and rights. As technology joins forces with sexual liberty, it is not difficult to understand why the public accepts the latest novelty from the reproductive industry. As a result, many find Catholic teaching behind the times and incomprehensible, if not downright anti-scientific. In fact, this coupling of reproductive liberty (will) with reproductive technology (power) echoes the famous dictum “will to power” Nietzsche predicted would characterize post-modern societies. When liberty becomes absolute and technology unchecked, transhumanism is the logical outcome. As a response to these nihilistic tendencies, the paper will end with a critique drawing from theological insights. (shrink)

Many instances of parental enhancement are objectionable on egalitarian grounds because they unnecessarily amplify one kind of asymmetry of power between parents and children. Because children have full moral status, we ought to seek egalitarian relationships with them. Such relationships are compatible with asymmetries of power only to the extent to which the asymmetry is necessary for (1) advancing the child's level of advantage up to what justice requires or (2) instilling in the child morally required features. This is a (...) ground to oppose parental enhancements whose purpose is either to merely satisfy parents' preferences or to confer on the child advantages above and beyond what the child is owed by justice. (shrink)

The Deaf culture in the United States is a unique culture that is not widely understood. To members of the Deaf community in the United States, deafness is not viewed as a disease or pathology to be treated or cured; instead it is seen as a difference in human experience. Members of this community do not hide their deafness; instead they take great pride in their Deaf identity. The Deaf culture in the United States is very communitarian not individualistic. Mary (...) Beth and Dominic are a married couple in their late 20s who are genetically deaf. They are active members in the Deaf community and work as advocates for individuals who are deaf, family members of Deaf people and sign language interpreters who identify with the Deaf culture. Mary Beth and Dominic approach the fertility clinic with a request that they only want a child with the genetic gene for deafness. They would want the embryos that do not have the gene to be destroyed. This would entail creating a child who would have the gene for deafness. Medically and ethically, should the fertility clinic agree to the couple’s request? The authors argue that the couple's request should be denied and provide reasons for it from the perspectives of foundational and clinical ethics. (shrink)

The book discusses the development of reproductive medicine from the perspective of the parent-child relationship. -/- A könyv a reprodukciós medicina fejlődését vizsgálja a szülői felelősség szempontjából.

English-speaking research on morally right decisions in a healthcare context over the past three decades has been dominated by two major perspectives, namely, the Four Principles, of which the principle of respect for autonomy has been most salient, and the ethic of care, often presented as a rival to not only a focus on autonomy but also a reliance on principles more generally. In my contribution, I present a novel ethic applicable to bioethics, particularly as it concerns human procreation, that (...) I argue is a promising alternative to these two approaches. According to this new moral theory, an act is right just insofar as it treats people’s capacity to commune with respect, where communing is a matter of identifying with others and exhibiting solidarity with them. This ethic is inspired by relational ideals of communion and harmony from the African philosophical tradition, but is shown to be attractive to a broad, indeed global, audience, with regard to its implications for the morality of reproduction. (shrink)

Conservative and liberal approaches to the problem of abortion are oversimplified and deeply flawed. Accepting that the moral status of the conceptus changes during gestation, the author advances a more nuanced perspective. Through applying a form of rules in practice utilitarianism within the context of overall population policy, he provides a compelling ethical and legal framework for regulating contraception and abortion practices.

Hugh LaFollette has proposed that in order to prevent statistically expected harm that many parents inflict on their children prospective parents should be licensed. This article evaluates his proposal by looking at various facts, statistical data and probability estimates related to sex differences in human mating and parenting behaviour provided by evolutionary psychology. It is suggested that these evolutionary considerations create a serious stalemate between certain basic moral principles to which LaFollette subscribes, thus rendering the entire proposal morally impracticable. It (...) is also argued along similar lines that parental licensing would endanger some of the most personal and intimate human relationships that, in LaFollette’s view, are essential for developing one’s capacity for impartial morality. (shrink)

This paper is my last word, in the present journal, in the debate I have been having with Walter Block on the subject of evictionism as an alleged libertarian “third way,” capable of transcending the familiar “pro-life” and “pro-choice” dichotomy. In this debate, I myself defended what might be regarded as a qualified “pro-life” position, while Block consistently argued that the mother is morally allowed to expel the fetus from her womb provided that no non-lethal methods of its eviction are (...) available. While my position articulated in this paper contains an element of what Block might consider a concession on my part—i.e., an explicit declaration that abstaining from lethal evictions of fetuses conceived as a result of rape is a libertarian duty, but only an imperfect one—I continue to regard the unqualified support of evictionism as indefensible on libertarian grounds. (shrink)

This article argues that practitioners have a professional ethical obligation to dispense emergency contraception, even given conscientious objection to this treatment. This recent controversy affects all medical professionals, including physicians as well as pharmacists. This article begins by analyzing the option of referring the patient to another willing provider. Objecting professionals may conscientiously refuse because they consider emergency contraception to be equivalent to abortion or because they believe contraception itself is immoral. This article critically evaluates these reasons and concludes that (...) they do not successfully support conscientious objection in this context. Contrary to the views of other thinkers, it is not possible to easily strike a respectful balance between the interests of objecting providers and patients in this case. As medical professionals, providers have an ethical duty to inform women of this option and provide emergency contraception when this treatment is requested. (shrink)

Emergency contraceptives may sometimes prevent implantation, thereby causing the death of the embryo. According to some positions contrary to abortion, because the embryo is a human animal, there are usually decisive moral reasons not to use them. In this article, I will show that objecting to the use of emergency contraceptives on those grounds is unjustified. If organisms are real existents, then according to the most plausible conception of what is required for a group of cells to compose one, the (...) embryo cannot qualify as a single organism. On the other hand, if organisms are virtual objects, then whether or not the embryo qualifies as one is morally irrelevant. I conclude that even if those positions are right about the morality of abortion, they are not entitled to oppose the use of emergency contraceptives. (shrink)

Anne Donchin attended graduate school while raising four children, received her doctorate from the University of Texas in 1970, taught for 18 years in Texas and New York, then joined the philosophy department at Indiana University–Purdue University Indianapolis in 1982. Here she developed a Women’s Studies program, specialized and in numerous ways pioneered in feminist bioethics, and won two prestigious grants. She co-edited two books, published some forty articles, and co-founded and co-ordinated The International Network on Feminist Approaches to Bioethics. (...) Before and after retiring she served on the editorial boards of an encyclopedia, several international bioethics collections and nine prestigious journals. Her publications have influenced many scholars here and abroad. At the time of her death she was at work on a book: Procreation, Power and Personal Autonomy: Feminist Reflections, which is now available on IUPUIScholarWorks. Laura Purdy has generously edited, organized, and, where possible, updated the manuscript. (shrink)

Since the Supreme Court upheld the partial birth abortion ban in 2007, more U.S. abortion providers have begun performing intraamniotic digoxin injections prior to uterine dilation and evacuations. These injections can cause medical harm to abortion patients. Our objective is to perform an in-depth bioethical analysis of this procedure, which is performed mainly for the provider’s legal benefit despite potential medical consequences for the patient.

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...) discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that reproductive choice cases illustrate the limitations of libertarian paternalism. Where choices are politicized or intimate, as reproductive choices often are, nudges become not much easier to justify than traditional mandates or prohibitions. Even beyond the context of reproductive choice, it is not obvious how much easier nudges are to justify than bans or mandates. -/- Part I of this Article briefly introduces Sunstein and Thaler's libertarian paternalism. Part II then turns to the context of reproductive choice. Part II.A reviews restrictions on the right to choose an abortion-particularly post-Casey regulations such as waiting periods, requirements that women receive certain types of information, and requirements that women undergo ultrasound-that pitch themselves as steering choice without entirely closing off the right to choose an abortion. This distinction between nudges and prohibitions echoes Sunstein and Thaler's proposals, but works to subordinate women's choices to the judgment of (often male) experts and administrators-hence my term "libertarian patriarchalism." Part II.B reviews efforts to nudge women-particularly teenagers, HIV-positive women, and others thought to be unsuitable mothers-to avoid pregnancy. -/- Part III considers the normative implications of nudging reproductive decisions. In Part III.A, I argue that the political nature of reproductive choices presents a problem for nudges. I do so by considering a parallel with voting rights. Empirical research shows that voters are more likely to choose the candidate listed first on the ballot. Yet we do not empower the administrator in charge of ballot design to choose a default rule that nudges individuals toward the candidate he sincerely believes would promote choosers' welfare. Given the political nature of reproductive choices, a policymaker's attempting to nudge reproductive decisionmaking in the direction he prefers-or indeed in any direction-fails to show adequate respect for the chooser's agency. In Part III.B, I offer an argument that targets the use of nudges in the context of pregnancy. Finally, in Part III.C, I argue that nudges do not merely add choices to an existing menu, but change the substantive choices available to individuals and thereby impose more-than-trivial costs on them. I conclude by exploring the implications of my arguments for nudges more generally. (shrink)

By the example of deafness the article examines the ethical problems that arise when preimplantation genetic diagnosis is used for the intentional heredity of genetic defects. In the first two sections the relevant rules of the German Embryo Protection Law and the motives of deaf couples to desire a handicapped child are explained. Subsequently, it is asked whether the positive selection of genetic defects can harm or otherwise wrong the future child. Moreover, a possible duty of prospective parents to prefer (...) an embryo which will most probably experience a higher quality of life is discussed. Finally, the question is raised whether parents have a right to refuse medical treatment that may alleviate their child's handicap. As a result, it is argued that neither a legal ban on the positive selection of handicapped embryos nor compulsory treatment of deaf children are ethically justified. (shrink)

In proportion to the increased emphasis placed on abortion in partisan political debate since the early 2000s, there has been a noticeable upsurge in cultural representations of abortion. This article charts ways in which that increase manifests in contemporary survival-horror. This article contends that numerous contemporary survival-horror films foreground pregnancy. These representations of pregnancy reify the pressures that moralistic, partisan political campaigning places on individuals who consider terminating a pregnancy. These films contribute to public discourse by engaging with abortion as (...) an individual, emotional matter, rather than treating abortion as a matter of political principle or a political “means to an end.” This article not only charts a relationship between popular culture and its surrounding political context, but also posits that survival-horror—a genre that has been disparaged by critics and largely ignored by scholars—makes an important contribution to sexual-political discourse. These films use horror to articulate the things we cannot say about abortion. (shrink)

In this chapter, I argue that children who were selected for particular traits or genetically enhanced might feel, for this reason, less securely, spontaneously and fairly loved by their parents, which would constitute significant harm. ‘Parents’ refers, throughout this chapter, to the people who perform the social function of rearing children, rather than to procreators. I rely on an understanding of adequate parental love which includes several characteristics: parents should not make children feel they are loved conditionally, for features such (...) as intelligence, looks or temperament; they should not burden children with parental expectations concerning particular achievements of the child; and parental love is often expressed in spontaneous enjoyment and discovery of children’s features. This understanding of parental love provides a reason to question the legitimacy of parental use of selection and enhancement and to explain why parents should not engage on a quest for the ‘best child’. (shrink)

One way to help ensure the future of human life on the planet is to reduce the total number of people alive, as a hedge against dangers to the environment. One commentator has proposed withdrawing government and insurance subsidies from all fertile people, to help reduce the number of births. Any proposal of this kind does not, however, offer a solution commensurate with current problems of resource use and carbon emissions. Closing off fertility medicine to some people – or even (...) to all – would have only negligible effects in environmental protection. Moreover, the proposal to withdraw financial subsidies from fertile people would have prejudicial effects on lesbian and gay people, who must always reach beyond their same-sex relationships for help in having children. It is, moreover, entirely unclear why some people turning to fertility medicine for help in having children should have to pay their own way even though they contribute to the pool of money available for government and insurance subsidies. Entitlements based on an alleged moral difference between the ‘fertile’ and the ‘infertile’ cannot support such a conclusion. (shrink)

Developments in uterus transplant put assisted gestation within meaningful range of clinical success for women with uterine infertility who want to gestate children. Should this kind of transplantation prove routine and effective for those women, would there be any morally significant reason why men or transgender women should not be eligible for the same opportunity for gestation? Getting to the point of safe and effective uterus transplantation for those parties would require a focused line of research, over and above the (...) study of uterus transplantation for non-transgender women. Some commentators object to the idea that the state has any duty to sponsor research of this kind. They would limit all publicly-funded fertility research to sex-typical ways of having children, which they construe as the basis of reproductive rights. This objection has no force against privately-funded research, of course, and in any case not all social expenditures are responses to ‘rights’ properly speaking. Another possible objection raised against gestation by transgender women is that it could alter the social meaning of sexed bodies. This line of argument fails, however, to substantiate a meaningful objection to gestation by transgender women because social meanings of sexed bodies do not remain constant and because the change in this case would not elicit social effects significant enough to justify closing off gestation to transgender women as a class. (shrink)

Undivided Rights: Women of Color Organize for Reproductive Justice by JAEL SILLIMAN, MARLENE GERBER FRIED, LORETTA ROSS, and ELENA R. GUTIÉRREZ. Boston: South End Press, 2004; Policing the National Body: Race, Gender, and Criminalization, ed. JAEL SILLIMAN and ANANNYA BHATTACHARJEE. Cambridge, Mass.: South End Press, 2002; and Conquest: Sexual Violence and American Indian Genocide. ANDREA SMITH. Boston: South End Press, 2005.