The Equality Alternative to Privacy
摘要
This chapter explores three reasons why the feminist proposal for an equality rationale for abortion rights is compelling. First, the criminalization of abortion has always functioned to maintain patriarchy, thus making abortion rights essential for gender equality. Second, intersectional feminist theorists have shown how legal regulation of abortion not only burdens women as a whole, but also differentially burdens people based on familiar axes of inequality such as race, class, sexuality, and (dis)ability. Third, drawing on the work of socialist feminist Rosalind Petchesky, the chapter shows how an equality rationale would place an affirmative obligation on the state to ensure pregnant people of all backgrounds could meaningfully exercise reproductive autonomy. The chapter concludes by showing that as powerful as this rationale is, by itself it misses crucial reasons why abortion is so important to human freedom.