Abstract
This article examines the Supreme Court's analysis of reproductive regulation in the context of age old religious, philosophical and cultural traditions that relegate women to inferior social status because of their capacity to bear children. The Court's tradition-based fundamental rights doctrine looks to history for validation of practices so deeply rooted as to be deemed rights without consideration of the cultural norms that helped to shape those practices. The Court's analysis of reproductive regulation overlooks the cultural norms that have traditionally defined women's roles in society as derivative of their reproductive function. Modem reproductive regulation, infused with these cultural norms, is most appropriately examined under the Equal Protection Clause of the 14th Amendment.
How to Cite
37 Ariz. L. Rev. 453 (1995)
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