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The Future of Reproductive Rights in the Age of Human Rights

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Reproductive Rights in the Age of Human Rights

Abstract

Chapter 6 of the book discusses future implications of the use of third-party strategy by the pro-life movement, and especially its framing after Hobby Lobby. Following Citizens United, the human rights discourse is expanded to include nonhuman entities, thus dehumanizing the concept. This strategy also challenges the concept of science, using scientific language and data in a way that is similar to the way the antienvironmentalist movement uses it in the debate over climate change. Following Obergefell v. Hodges, the religious freedom argument has been affecting legislation, especially regarding same-sex marriage and LGBTQ protections. Thus, it provides a possible answer to the tension between conservative and libertarians within the GOP, with policies designed to restrict rights to the LGBTQ population through limiting interference in religious liberty.

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Notes

  1. 1.

    “DNA schedule” is not a medical or biological term, so it remains unclear exactly the basis of Huckabee’s assertion.

  2. 2.

    At the same time, however, the effectiveness of the scientific claim differs, according to the issue area; the analysis of state and federal public policy outcomes indicates that bills designed to protect women from these purported ill-health effects have been much more successful as compared to claims that science establishes that personhood begins at the moment of conception. Thus, while the use of scientific language and terms will continue, its use may vary in different areas.

  3. 3.

    Although 19 states had already passed RFRAs, Indiana’s proposal produced substantial controversy given the absence of a statewide antidiscrimination order.

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Hagel, A.V., Mansbach, D. (2016). The Future of Reproductive Rights in the Age of Human Rights. In: Reproductive Rights in the Age of Human Rights. Palgrave Macmillan, New York. https://doi.org/10.1057/978-1-137-53952-6_6

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