Finally, the right involves immunities, in that others, including the state, cannot derogate (are disabled from derogating) from the procreative claim-rights, privileges (liberties), and powers of the prospective procreators. In short, the procreative right entails broad ramifications for others.
(407) Procreators compete not only with others currently living in society subjected to their behavior, but also with procreators in the future.
292, 303 (1976) (analogizing to tort law to establish minimum standards for procreators); Eisenberg, supra note 56, at 1451 ("[S]ocietal interests in assuring the well-being of the entire community are more important than the rights of parents to have children and to raise them-or not raise them-any way they please."); Shanner, supra note 1, at 858-59 (noting that decisions about forming a relationship cannot be said to be "unilateral" because, by definition, they "involve another").
Gamete donation, in contrast, involves a pre-conception decision to give away biological children whom their procreators
are under obligation to care for and nurture.
(63) Women's traditional roles as procreator
, parent, domestic leader, and even artisan have, to some extent, remained intact.
The short section "Naissance de la paix," significantly dedicated to his parents (as procreators
?), is at once Christian and erotic: "La terre ne sait qu'une chair,/la fragile, la douloureuse,/la terre contracte le Verbe/comme un fils de femme." Here Ouellette plays with the biblical Verb (in French, the Gospel According to Saint John begins, "Au commencement etait le Verbe ...
Robertson's difficulties stem from the fact that constitutional rights "have a way of bumping into each other in cases involving husbands, wives, and unmarried individuals when all are claiming parental rights."(33) Protecting the parental rights of one procreator risks denying the rights of other procreators.
Several cases suggest that this right to privacy of parenting does not extend, however, to procreators who claim parental rights in opposition to an intact marital family, see Michael H.
The right to reproduce does not necessarily entail the right to rear one's biological child.(32) Should one right accompany the other, moreover, how do we determine which procreator -- the gamete contributors, the gestator, or the intending parents -- possesses these related rights?
By means of our so-called compassion and generosity, we sent the signal to many thousands of young women eager to get out of their parents' home and control that poor men are most useful to them as procreators
, not as providers.
(129) See Landesman, supra note 2, at 116 (explaining that intentional HIV infection is murder because it intends to annihilate the procreators
and perpetuate death unto the next generation so that the killing continues).
Whereas the private sphere at the heart of the nation is based on the role of women as procreators
and promulgators of the nation, i.e., on a heterosexual libidinal economy, the lesbian private sphere created in Fluge uber Moabiter Mauern emphasizes its opposition to the nation that subjects them to extreme state violence and control.