. The challenges of human cloning for public policy in Illinois. Human cloning; Human cloning; Human cloning; Public Policy. examples as encryption and development of biological weapons. A Right to Procreate? Commentators contend that the constitu- tional guarantees of privacy and liberty that protect the right to make decisions about reproduction should also be interpreted to protect a right to procreate that includes human At present, however, the Supreme Court's cases do not establish rights beyond those connected with traditional reproduction, although lower courts have rec
. The challenges of human cloning for public policy in Illinois. Human cloning; Human cloning; Human cloning; Public Policy. examples as encryption and development of biological weapons. A Right to Procreate? Commentators contend that the constitu- tional guarantees of privacy and liberty that protect the right to make decisions about reproduction should also be interpreted to protect a right to procreate that includes human At present, however, the Supreme Court's cases do not establish rights beyond those connected with traditional reproduction, although lower courts have recognized rights to procreate in numer- ous contexts. In its cases on contraception and abortion, the Supreme Court has often declared that the fundamental liberty and privacy rights found in the Constitution include the right to make decisions about parenthood: If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the deci- sion whether to bear or beget a This broad language could encompass a general right to procreation in all its forms, including cloning. One might also draw that conclusion from Skinner v. Oklahoma, a decision from 1942 that is the most recent case in which the Court addresses the affirmative right to procreate. In striking down a statute that authorized the sterilization of certain categories of criminals, the Court described the right to procreate as "one of the basic civil rights of ;27. But despite the expansive language the Court has used in these cases, the actual legal holdings are narrower. The cases involving contracep- tion or abortion concern preventing or terminating reproduction rather than creating life. The Skinner case was about involun- tary termination of the capacity to reproduce. Most importantly, all of the Court's cases have dealt with traditional forms of reproduction;
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