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Assisted Reproduction for Same-Sex Couples Post Obergefell


Introduction:

On June 26, 2015, the state of rights for same-sex couples in the United States changed. In Obergefell v. Hodges, the United States Supreme Court declared the then-existing marriage laws at issue were in essence unequal stating specifically that, “[s]ame-sex couples are denied benefits afforded opposite-sex couples and are barred from exercising a fundamental right.”1 The Court then laid out the four principals and traditions that demonstrate the reasons marriage is fundamental to both opposite-sex and same-sex couples: (1) Right to personal choice, (2) Supports a two-person union, (3) Safeguards children and families, and (4) Marriage is a keystone of the Nation’s social order.2 While Obergefell set the stage for same-sex couples and their journey to equal protection in the United States, the ruling does not fully protect married same-sex couples desirous of having children.




ASSISTED REPRODUCTION FOR SAME-SEX MARRIED COUPLES POST OBERGEFELL
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1 Obergefell v. Hodges, 135 S. Ct. 2584 (2015)

2 Id