Author ORCID Identifier
Equal protection, Privacy, Moral equality, U.S. Supreme Court, Human rights, Constitutional rights, Abortion, Same-sex marriage, Judicial review
My overarching aim in the Article is to defend a particular understanding of two constitutional rights and, relatedly, a particular resolution of two constitutional controversies. The two rights I discuss are among the most important rights protected by the constitutional law of the United States: the right to equal protection and the right of privacy. As I explain in the Article, the constitutional right to equal protection is, at its core, the human right to moral equality, and the constitutional right to privacy is best understood as a version of the human right to moral freedom. The two controversies I discuss, each of which implicates the two rights, are among the most divisive constitutional controversies of our time: the controversies concerning, respectively, abortion and same-sex marriage.
Connecticut Law Review
Michael J. Perry, Two Constitutional Rights, Two Constitutional Controversies, 52 CONN. L. REV. 1597 (2021).
Constitutional Law Commons, Fourteenth Amendment Commons, Human Rights Law Commons, Privacy Law Commons, Supreme Court of the United States Commons