Illegal Beings
Human Clones and the Law

Discusses the pros and cons of laws against human reproductive cloning.

Kerry Lynn Macintosh (Author)

9780521853286, Cambridge University Press

Hardback, published 1 August 2005

286 pages
23.6 x 15.8 x 2.1 cm, 0.596 kg

"Kerry Lynn Macintosh's new book is a thought-provoking contribution to a fascinating conversation about one of the most fundamental institutions in our society, and the ways in which technology shapes it and allows us to re-envision and re-imagine it." - The Law and Politics Book Review Zvi H. Triger, The College of Management, School of Law

Many people think human reproductive cloning should be a crime. In America some states have already outlawed cloning and Congress is working to enact a national ban. Meanwhile, scientific research continues, both in America and abroad and soon reproductive cloning may become possible. If that happens, cloning cannot be stopped. Infertile couples and others will choose to have babies through cloning, even if they have to break the law. This book explains that the most common objections to cloning are false or exaggerated. The objections reflect and inspire unjustified stereotypes about human clones and anti-cloning laws reinforce these stereotypes and stigmatize human clones as subhuman and unworthy of existence. This injures not only human clones, but also the egalitarianism upon which our society is based. Applying the same reasoning used to invalidate racial segregation, this book argues that anti-cloning laws violate the equal protection guarantee and are unconstitutional.

Introduction
Part I. Five Common Objections to Human Reproductive Cloning Reflect, Reinforce, and Inspire Stereotypes about Human Clones: 1. Does human reproductive cloning offend God and nature?
2. Should children be begotten and not made?
3. Do human clones lack individuality?
4. Could human clones destroy humanity?
5. Does human reproductive cloning harm participants and produce children with birth defects?
Part II. Anti-Cloning Laws Are Bad Public Policy: 6. What anti-cloning laws say and do
7. The five objections have inspired anti-cloning laws
8. Anti-cloning laws reflect a policy of existential segregation
9. The costs of anti-cloning laws outweigh their benefits
Part III. Anti-Cloning Laws Violate the Equal Protection Guarantee and Are Unconstitutional: 10. Anti-cloning laws classify human clones and are subject to strict scrutiny
11. Anti-cloning laws inflict judicially cognizable injuries that confer standing
12. Anti-cloning laws violate the equal protection guarantee
Conclusion.

Subject Areas: Medical ethics & professional conduct [MBDC], Medical & healthcare law [LNTM], International human rights law [LBBR]