Abstract
Parenting and procreation have long been contested legal terrain in the United States as exemplified by a history of abuses against marginalized populations including people with disabilities. While some of the most egregious abuses, such as state sponsored sterilization programs, are relics of the past, it remains true that people with disabilities face distinct and at times insurmountable roadblocks to procreation and parenting. This article details ongoing forms of procreative discrimination against people with disabilities, rejects common justifications for that discrimination, and offers proposals for better protecting the rights to procreate and parent for disabled people.
Highlights
In its history, the U.S Supreme Court has issued decisions sanctioning bigotry, discrimination, and dehumanization in a number of forms, including based on race, gender, and national origin.It is no surprise, that the Court has failed in key moments to protect people living with disabilities from ill treatment at the hands of law and policymakers
This article details ways in which disability continues to act as a barrier to procreation and parenting, argues for the importance of recognizing and protecting the constitutional and human right to procreate for people living with disabilities, and offers practical ways that law and policy could be utilized to further the procreative desires of people living with disabilities
That our right to procreate and parent is recognized by constitutional authority and guiding human rights documents speaks to the importance and centrality of procreation and parenting for many people
Summary
The U.S Supreme Court has issued decisions sanctioning bigotry, discrimination, and dehumanization in a number of forms, including based on race, gender, and national origin It is no surprise, that the Court has failed in key moments to protect people living with disabilities from ill treatment at the hands of law and policymakers. Ms Buck’s legal caretakers failed to protect her from a sexual assault at the hands of one of their relatives that left her pregnant and unmarried at the age of 17 Compounding their failure, Carrie’s caretakers responded to the assault and pregnancy by having Carrie committed to the Virginia State Colony for Epileptics and the Feebleminded.. This article details ways in which disability continues to act as a barrier to procreation and parenting, argues for the importance of recognizing and protecting the constitutional and human right to procreate for people living with disabilities, and offers practical ways that law and policy could be utilized to further the procreative desires of people living with disabilities
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