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Articles 1 - 7 of 7
Full-Text Articles in Constitutional Law
After Sex, Courtney Megan Cahill
Reproduction Reconceived, Courtney Megan Cahill
Reproduction Reconceived, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
Obergefell And The "New" Reproduction, Courtney Megan Cahill
Obergefell And The "New" Reproduction, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill
The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill
Scholarly Publications
Now that national marriage equality for same-sex couples has become the law of the land, commentators are turning their attention from the relationships into which some gays and lesbians enter to the mechanisms on which they — and many others — rely in order to reproduce. Even as one culture war makes way for another, however, there is something that binds them: a desire to establish the family. This Article focuses on a problematic manifestation of that desire: the incest prevention justification. The incest prevention justification posits that the law ought to regulate alternative reproduction in order to minimize the …
Abortion And Disgust, Courtney Megan Cahill
Abortion And Disgust, Courtney Megan Cahill
Scholarly Publications
This Article uses disgust theory — defined as the insights on disgust by psychologists and social scientists — to critique disgust’s role in abortion lawmaking. Its starting point is a series of developments that independently highlight and call into question the relationship between abortion and disgust. First, the Supreme Court introduced disgust as a valid basis for abortion regulation in its 2007 case Gonzales v. Carhart. Second, psychologists have recently discovered a sufficiently strong association between individual disgust sensitivity and abortion opposition to suggest that disgust might drive that opposition. They have also discovered that “abortion disgust” appears to be …
Regulating At The Margins: Non-Traditional Kinship And The Legal Regulation Of Intimate And Family Life, Courtney Megan Cahill
Regulating At The Margins: Non-Traditional Kinship And The Legal Regulation Of Intimate And Family Life, Courtney Megan Cahill
Scholarly Publications
This Article offers a new theory of how the law attempts to control intimate and family life and uses that theory to argue why certain laws might be unconstitutional. Specifically, it contends that by regulating non-traditional relationships and practices that receive little or no constitutional protection— same-sex relationships, domestic partnerships, de facto parenthood, and nonsexual procreation—the law is able to express its normative ideals about all marriage, parenthood, and procreation. By regulating non-traditional kinship, then, the law can be aspirational in a way that the Constitution would ordinarily prohibit and can attempt to channel all of us in ways that …
Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill
Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill
Scholarly Publications
No abstract provided.