ABSTRACT

As a practical matter, a person who does not wish to procreate has the fail-safe options of either remaining celibate or engaging only in same-sex relations in order to avoid procreation. It was from the Constitutional right to privacy, while the word 'privacy' does not appear in the Constitution at all, the concept recurs throughout the Bill of Rights. The importance of procreative freedom and its protection through the right to privacy is best summed up in the oft-quoted words of Justice Brennan: If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child. Procreation and child-rearing are often seen as two of the functions of marriage and, for some, they are its raison d'atre.