ABSTRACT

This chapter deals with the validity of techniques by which the birth rate may be regulated. Governmental regulation of the birth rate has taken two conflicting forms: direct restriction of the individual's right to procreate, and direct restriction of the individual's right not to procreate. In addition, governmental action may take the form of indirect measures that tend to discourage procreation. Marriage and procreation are fundamental to the very existence and survival of the race. The constitutional issues are similar, but distinguishable, where the right not to procreate involves avoidance of pregnancy through contraception rather than termination of pregnancy through abortion. In addition, population growth, pollution, poverty, and racial overtones tend to complicate and not to simplify the problem. There are many policies and programs by which government may discourage the growth of population without blatant and direct limitation of the individual's ability to make own decision about family size.