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41) For example, one does not procreate at the moment one decides to conceive, at the moment one engages in sexual intercourse or artificial insemination with the purpose of conceiving, or even upon conceiving, but rather upon the birth of the relevant child or children.
The authority discussed below may imply affirmative duties on the part of the state to help its citizens procreate or not procreate, or may support the protection of some other interest.
With regard to population law, "the educative and deterrent functions of the law" can outweigh its punitive role, (43) providing a concrete social norm, guidance and reasons to procreate or not to procreate.
So, despite the Court's broad language, Skinner does not establish a broad right to procreate at will.
If Skinner does not provide us with authority for a broad constitutional right to procreate, arguably Griswold v.
Goldberg later admits that the right to procreate is not "specifically" mentioned in the Constitution, (90) but he reasons that the right to prevent procreation is indistinguishable from the right to procreate, and that the Court's failure to recognize the former would allow draconian restrictions on the latter: (91) "Surely the government, absent a showing of compelling, subordinating state interest, could not decree that all husbands and wives must be sterilized after two children have been born to them.
then certainly these regulations are not invalid as an infringement of any right to procreate.
Despite all of this, the Court in its modern substantive due process opinions is perceived as protecting a broad right to procreate because it is willing to proclaim in dicta and ipse dixit as it did recently in Carey v.
The right to procreate has, by law, historically been limited to the confines of state-sanctioned monogamous and lifetime marriages.
140) Thus, the law has historically only recognized the right of certain persons to procreate in certain circumstances.
Furthermore, persons viewed as somehow lacking mental capacity have historically been denied the right to procreate.
Turner (150) denied a prisoner's request to procreate by sending a sample of his sperm to his wife.