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Reproduction and Birth

Learn about the origins of the constitutional right to privacy, the ACA’s contraception mandate, challenges under RFRA, and the Supreme Court’s other rulings on reproductive rights.


When it comes to reproductive issues, the state’s interest in preserving life and health sometimes conflicts with individuals’ interests in controlling their bodies and in being free from state interference. As we look at contraception and abortion laws, note how attempts to balance those competing interests drive many reproduction laws.

I. Procreation and Contraception Issues

We’ll start with procreation and contraception issues.

A. Evolution of Procreation and Contraception Rights