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Equal Protection And Ectogenesis, Brit J. Benjamin
Equal Protection And Ectogenesis, Brit J. Benjamin
Vanderbilt Journal of Entertainment & Technology Law
Ectogenesis is the gestation of a fetus in an artificial womb. This suite of technologies, now in use to preserve the lives of premature infants, is on the cusp of being a viable method of reproduction from conception to term. This Article argues that an equal protection challenge to a ban on utilizing ectogenetic technologies should be analyzed under intermediate or strict scrutiny. Should the US Supreme Court apply the rational basis or rational basis “with bite” standard of review to such a challenge, the petitioner should prevail.
The nature of ectogenesis is a technological alternative for a sex-specific organ. …