Federal Laws on Reproduction & Human Rights
The federal laws of the United States severely limit a state agency's ability to restrict the reproductive rights of citizens. The Constitution of the United States and federal case law has shaped reproductive rights of citizens.
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Due Process
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The 14th amendment of the United State Constitution grants citizens the right to due process of law regarding the right to privacy. The right to privacy includes the right to marry, reproduce and raising of children.
History
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The Supreme Court in Roe v. Wade was the first court to guarantee the reproductive rights of women in their right to have an abortion. Later, the court in Harris v. McRae allowed the government to abstain from funding abortions, although some may be determined as necessary for medical reasons.
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The Undue Burden Test
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The Supreme Court in Planned Parenthood v. Casey adopted an undue burden test. This test forbids state agencies from placing an undue burden on a woman's right to an abortion.
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References
- Photo Credit wife and husband image by Jarek Miarka from Fotolia.com