Abortion Post-Glucksberg and Post-Gonzales: Applying an Analysis That Demands Equality for Women Under the Law

Authors

Mary Kathryn Nagle

Abstract

Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.

Citation

Mary Kathryn Nagle, Abortion Post-Glucksberg and Post-Gonzales: Applying an Analysis That Demands Equality for Women Under the Law, 16 Duke Journal of Gender Law & Policy 293-314 (2009)
Available at: https://scholarship.law.duke.edu/djglp/vol16/iss2/4