Publication Date
Winter 2019
Abstract
The Administration’s efforts to regulate certain behavior are shaped by, what Justice Kennedy has said, “conceptions of right and acceptable behavior, and respect for the traditional family.”26 While considering the dark history that links the regulation of women’s sexuality to the Administration’s efforts to restrain women’s political, social, and economic power, this note argues that the Administration is unconstitutionally relying on the veil of morality to regulate sexuality. To provide context on how sexual regulation is a tool of women’s oppression, Section I offers a brief background on the importance of contraception to women’s equality and, thus, a women’s potential for power. Section II lays the groundwork for how power is defined and maintained—particularly through the regulation of sexuality—and elaborates on the Supreme Court’s jurisprudence surrounding the use of morality in decision-making. Section III discusses the then-and-now of the “Procreation Prescription.” Specifically, Section III shares an overview of the federal government’s recent actions to curtail women’s sexual and reproductive freedom, and contextualizes these actions with the government’s prior reliance on different versions of morality to limit women’s sexual autonomy.
Acknowledgements
My sincerest gratitude to the incredible Editorial Board and Staff of the CUNY Law Review for their time and enthusiasm, particularly Francesca Buarne for her thoughtful feedback. I would also like to thank Professor Ruthann Robson for her inspiration and guidance. This note is dedicated to the waves of strong, empowering women out there, but especially Annie, who has challenged these systems with grace.
Recommended Citation
Lauren DiMartino,
The Procreation Prescription: Sexuality, Power, and the Veil of Morality,
22
CUNY L. Rev.
41
(2019).
Available at:
https://academicworks.cuny.edu/clr/vol22/iss1/7