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Sterilization Act of 1924
The passage of the Virginia Sterilization Act of 1924 demonstrates how science has been used to drive policy throughout history. In the case of the Virginia sterilization law, the science used to draft the law was based on the principles of eugenics. With the help of Harry Laughlin's Model Sterilization Law, the state of Virginia was able to pass its own law allowing sterilization of the feebleminded, expressing sterilization as a health issue that needed to be protected from the public.
Format: Articles
Subject: Legal, Reproduction
The Silent Scream (1984), by Bernard Nathanson, Crusade for Life, and American Portrait Films
The Silent Scream is an anti-abortion film released in 1984 by American Portrait Films, then based in Brunswick, Ohio. The film was created and narrated by Bernard Nathanson, an obstetrician and gynecologist from New York, and it was produced by Crusade for Life, an evangelical anti-abortion organization. In the video, Nathanson narrates ultrasound footage of an abortion of a twelve-week-old fetus, claiming that the fetus opened its mouth in what Nathanson calls a silent scream during the procedure.
Format: Articles
Subject: Outreach, Reproduction
Ethics of Designer Babies
A designer baby is a baby genetically engineered in vitro for specially selected traits, which can vary from lowered disease-risk to gender selection. Before the advent of genetic engineering and in vitro fertilization (IVF), designer babies were primarily a science fiction concept. However, the rapid advancement of technology before and after the turn of the twenty-first century makes designer babies an increasingly real possibility.
Format: Articles
Subject: Ethics, Reproduction
Our Bodies, Ourselves (1973), by the Boston Women's Health Book Collective
Our Bodies, Ourselves, a succession to a pamphlet of resources pulled from co-ops of women in and around Boston, Massachusetts was published in New York in 1973 by Simon and Schuster. Retitled from the original Women and Their Bodies, Our Bodies, Ourselves was an effort by a group of educated, middle class women to reinforce women's ownership of their bodies. There have been eight editions of Our Bodies, Ourselves, as well as sequels such as Our Bodies, Ourselves: Pregnancy and Birth and Our Bodies, Ourselves: Menopause.
Format: Articles
Subject: Outreach, Reproduction
Title X Family Planning Program (1970–1977)
The Family Planning Services and Public Research Act of 1970, often called Title X Family Planning Program, is a US federal law that provides federal funding for family planning services to low income or uninsured families. The US federal government passed the law, Public Law 91-572, in 1970 as an amendment to the Public Health Services Act of 1944. The Act created the Office of Population Affairs (OPA) under the Secretary of Health, Education, and Welfare (here called the Secretary).
Format: Articles
Subject: Reproduction, Legal
Park v. Chessin (1977)
The New York Appellate Court ruled on 11 December 1977 in favor of Steven and Hetty Park and against Herbert Chessin for the wrongful life of the Parks' child. In a wrongful life case, a disabled or sometimes deceased child brings suit against a physician for failing to inform its parents of possible genetic defects, thereby causing harm to the child when born. Park v. Chessin was the first case to rule that medical personnel could be legally responsible for wrongful life. Further cases such as the 1979 case Berman v. Allan and the 1982 case Turpin v.
Format: Articles
Subject: Legal, Reproduction
Burwell v. Hobby Lobby (2014)
In the 2014 case Burwell v. Hobby Lobby, the US Supreme Court ruled that the contraceptive mandate promulgated under the Patient Protection and Affordable Care Act violated privately held, for-profit corporations’ right to religious freedom. The contraception mandate, issued in 2012 by the US Department of Health and Human Services, required that employer-provided health insurance plans offer their beneficiaries certain contraceptive methods free of charge.
Format: Articles
Subject: Legal, Reproduction
Whole Woman's Health v. Hellerstedt (2016)
In the 2016 case Whole Woman's Health v. Hellerstedt, the US Supreme Court ruled unconstitutional the Texas requirements that abortion providers have admitting privileges at local hospitals and that abortion facilities meet ambulatory surgical center standards. Whole Woman’s Health represented abortion care providers in Texas and brought the case against the commissioner for the Texas Department of State Health Services, John Hellerstedt.
Format: Articles
Subject: Legal, Reproduction
Summerfield v. Superior Court [Brief] (1985)
Arizona joined the majority of states that recognized wrongful death claims on behalf of a viable fetus, regardless of whether the child was born alive or died in the womb by expanding the definition of "person" to include a viable fetus.
Format: Articles
Subject: Legal, Reproduction
Commonwealth v. Luceba Parker [Brief] (1845)
The Court settled the question left open from the case of Commonwealth v. Bangs that it must be proved a woman was "quick with child" in order for abortion prohibitions to have any effect in Massachusetts.
Format: Articles
Subject: Legal, Reproduction
Bonbrest v. Kotz [Brief] (1946)
This influential opinion was copied throughout the United States allowing civil actions and wrongful death claims on behalf of children who suffered injuries while a viable fetus. The case essentially overruled the opinion by Justice Oliver Wendell Holmes, Jr. in Dietrich v. Inhabitants of Northampton (1884). However, the ability to sue was usually limited in two ways: the fetus had to be viable, and a child had to be born alive to have a claim. These two restrictions have recently been removed in many jurisdictions.
Format: Articles
Subject: Legal, Reproduction
Davis v. Davis [Brief] (1992)
This case was the first of its kind to address questions of personhood in the context of in vitro fertilization of a human embryo. It laid a foundation for future cases to work from: specifically, this case established the importance of prior written agreements for disposition of frozen embryos. This was also the first court decision to borrow the word "pre-embryo" from bioethics to describe the in vitro embryo. This terminology has been copied by many states.
Format: Articles
Subject: Legal, Reproduction
Paretta v. Medical Offices for Human Reproduction [Brief] (2003)
The court decided a child of in vitro fertilization born with cystic fibrosis does not have the right to sue for wrongful life even in the presence of demonstrable acts of medical negligence because to allow such a case would grant the IVF child rights not possessed by naturally born children. The decision in Paretta has not been publicly tested in other jurisdictions.
Format: Articles
Subject: Legal, Reproduction
Planned Parenthood v. Casey (1992)
Almost ten years after the landmark decision in Roe v. Wade (1973) the battle over abortion was still being waged. The reproductive rights of women in the United States were being challenged yet again by the Pennsylvania Abortion Control Act of 1982. The act was comprised of four provisions that restricted the fundamental right a woman had to obtaining an abortion, as established in Roe v. Wade. The four provisions included spousal notification, information disclosure, a twenty-four hour waiting period, and parental consent for minors.
Format: Articles
Subject: Legal, Reproduction
Berman v. Allan (1979)
The Supreme Court of New Jersey decided the case of Berman v. Allan on 26 June 1979, brought by Shirley Berman and Paul Berman and their daughter Sharon Esther Berman against Ronald Allan and Michael Vincent Attardi, Shirley's physicians. The court dismissed the Bermans' claims for what they termed wrongful life of their daughter, but allowed them to claim compensation as a result of what was termed wrongful birth.
Format: Articles
Subject: Legal, Reproduction
"Effraenatam" (1588), by Pope Sixtus V
"Effraenatam," the brain-child of Pope Sixtus V, was released as a papal bull in the year 1588. Papal bulls are formal declarations issued by the pope of the Roman Catholic Church and are named for their authenticating leaden seals (bullas). This particular document became famous for its official forbiddance of all procured abortions. "Effraenatam," meaning "without restraint," is often regarded as a specific response to increasing rates of prostitution and procured abortions in the Papal States, though this is not discussed in the actual document.
Format: Articles
Subject: Religion, Reproduction
Turpin v. Sortini (1982)
The Supreme Court of California reversed the Superior Court of Fresno County's decision to dismiss the Turpins' claims in the case Turpin v. Sortini on 3 May 1982. The case was based upon a wrongful life claim, in which a disabled child sues physicians for neglecting to inform its parents of potential genetic defects, resulting in harm to the child when it is born. The Turpin case determined tha a physician could be liable for failing to inform parents of potential birth defects in the fetus.
Format: Articles
Subject: Legal, Reproduction
Eisenstadt v. Baird (1972)
Prior to 1971, women had some difficulty obtaining contraceptive materials due to a law prohibiting the distribution of contraceptives by anyone other than a registered physician or registered pharmacist. This limited access to contraceptives had an impact on women's reproductive rights and it was the Supreme Court case Eisenstadt v. Baird (1972) that helped bring the issue into the public spotlight. It demonstrated that women's bodies have reproductive as well as anatomical functions, and that the right to privacy extends to those reproductive functions.
Format: Articles
Subject: Legal, Reproduction
Griswold v. Connecticut (1965)
The landmark Supreme Court case, Griswold v. Connecticut (1965), gave women more control over their reproductive rights while also bringing reproductive and birth control issues into the public realm and more importantly, into the courts. Bringing these issues into the public eye allowed additional questions about the reproductive rights of women, such as access to abortion, to be asked. This court case laid the groundwork for later cases such as Eisenstadt v. Baird (1972) and Roe v. Wade (1973).
Format: Articles
Subject: Legal, Reproduction
Weber v. Stony Brook Hospital (1983)
The New York Court of Appeals' 1983 case Weber v. Stony Brook set an important precedent upholding the right of parents to make medical decisions for newborns born with severe congenital defects. A pro-life New York attorney, Lawrence Washburn, attempted to legally intervene in the case of Baby Jane Doe, an infant born with disorders. When the infant's parents chose palliative care over intensive corrective surgery, Washburn made repeated attempts to have the New York courts force through the surgery.
Format: Articles
Subject: Legal, Reproduction
Evans v. People of the State of New York [Brief] (1872)
Attempts by the New York legislature to make abortion a crime regardless of the stage of gestation were permanently frustrated because the court decided that manslaughter cannot occur until the law recognizes a living being in gestation and that only happens after quickening.
Format: Articles
Subject: Legal, Reproduction
York v. Jones [Brief] (1989)
The court treated frozen embryos possessed by an in vitro fertilization clinic as property owned by the parents and held under a bailment contract by the clinic. As such, the contract between the parties controlled disposition of the embryos but when the contract ended, control of the embryos reverted back to the parents. This decision had little effect on subsequent embryo cases because the circumstances were so unusual. Neither party contended the embryos had any rights.
Format: Articles
Subject: Legal, Reproduction
Doolan v. IVF America [Brief] (2000)
The implication of the court's decision was that Thomas Doolan's identity or personhood existed at the embryo stage in vitro, thus the fact that he was born with cystic fibrosis was not attributable to the decision of the in vitro fertilization providers to implant one embryo instead of another. The other unused embryo may not have carried the cystic fibrosis genes, but that other embryo was not Thomas Doolan. The decision in Doolan has not been publicly tested in other jurisdictions.
Format: Articles
Subject: Legal, Reproduction
J.B. v. M.B. [Brief] (2001)
In a dispute over frozen embryos during a divorce case, the court decided the wife's fundamental right to not procreate mandated destruction of the pre-embryos in light of the husband's continuing ability to procreate with a different partner. The court also said embryo disposition agreements used by in vitro fertilization clinics were generally enforceable subject to either spouse's right to change his or her mind prior to use of the pre-embryos.
Format: Articles
Subject: Legal, Reproduction
Litowitz v. Litowitz [Brief] (2002)
Pursuant to an express provision of the embryo disposition contract they both signed, a husband and wife had to petition the court for instructions because they could not reach an agreement about what to do with frozen embryos when they divorced. The trial court awarded the pre-embryos to the husband and the Court of Appeals affirmed this decision. However, the Washington Supreme Court ruled that the pre-embryos should be thawed out and allowed to expire because the dispute had not been resolved within a five year time frame prescribed by the Cryopreservation Agreement.
Format: Articles
Subject: Legal, Reproduction