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from Part II - The Feminist Judgments
Published online by Cambridge University Press: 31 March 2020
No volume on reproductive justice could be complete without addressing the seminal case of Skinner v. Oklahoma. Skinner is the first Supreme Court decision to subject a law limiting reproduction to stringent scrutiny, and it achieves this result by entwining constitutional protection of reproductive liberty with equality. Unlike the reproductive rights framework, which focuses upon the individual’s right to make reproductive choices free from government regulation, reproductive justice emphasizes the political context within which race, gender, class, and other identities intersect to result in reproductive oppression. Skinner foreshadows this broader analysis, by striking down a state sterilization statute not because it interfered with individual liberty but based upon the recognition that governmental power to draw lines regarding who could reproduce and who could not posed the threat of “invidious discriminations … against groups or types of individuals” in violation of the constitutional guarantee of equality.
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