Illegal Beings: Human Clones and the Law

Portada
Cambridge University Press, 1 ago 2005
Many people think human reproductive cloning should be a crime. In America some states have already outlawed cloning and Congress is working to enact a national ban. Meanwhile, scientific research continues, both in America and abroad and soon reproductive cloning may become possible. If that happens, cloning cannot be stopped. Infertile couples and others will choose to have babies through cloning, even if they have to break the law. This book explains that the most common objections to cloning are false or exaggerated. The objections reflect and inspire unjustified stereotypes about human clones and anti-cloning laws reinforce these stereotypes and stigmatize human clones as subhuman and unworthy of existence. This injures not only human clones, but also the egalitarianism upon which our society is based. Applying the same reasoning used to invalidate racial segregation, this book argues that anti-cloning laws violate the equal protection guarantee and are unconstitutional.

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Página 206 - We are dealing here with legislation which involves one of the basic civil rights of man. Marriage and procreation are fundamental to the very existence and survival of the race.
Página 166 - Nor need we enquire whether similar considerations enter into the review of statutes directed at particular religious ... or national ... or racial minorities . . . whether prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry.
Página 120 - Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
Página 106 - Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.
Página 186 - ... tangible" factors may be equal, deprive the children of the minority group" of equal educational opportunities? We believe that it does. . . . To separate them [grade and high school children] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in their community that may affect their hearts and minds in a way unlikely ever to be undone.
Página 158 - The impact of the official action — whether it "bears more heavily on one race than another," Washington v. Davis, supra, 426 US, at 242, 96 S.Ct., at 2049 — may provide an important starting point. Sometimes a clear pattern, unexplainable on grounds other than race, emerges from the effect of the state action even when the governing legislation appears neutral on its face.
Página 192 - It must be acknowledged, of course, that the Court in Bowers was making the broader point that for centuries there have been powerful voices to condemn homosexual conduct as immoral. The condemnation has been shaped by religious beliefs, conceptions of right and acceptable behavior, and respect for the traditional family. For many persons these are not trivial concerns but profound and deep convictions accepted as ethical and moral principles to which they aspire and which thus determine the course...

Sobre el autor (2005)

Kerry Lynn Macintosh is a member of the law and technology faculty at Santa Clara University School of Law. She received her B.A. from Pomona College and her J.D. from Stanford Law School, where she was elected to the Order of the Coif. She has published papers and articles in the field of law and technology in journals such as Harvard Journal of Law & Technology, Boston University Journal of Science, and Berkeley Technology Law Journal.

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