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Pregnant People?

dc.contributor.authorClarke, Jessica
dc.date.accessioned2020-02-14T17:07:41Z
dc.date.available2020-02-14T17:07:41Z
dc.date.issued2019
dc.identifier.citation119 Columbia Law Review 173 (2019)en_US
dc.identifier.urihttp://hdl.handle.net/1803/9838
dc.descriptionarticle published in a law reviewen_US
dc.description.abstractIn their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that the law should stop treating the types of work either parent can do — such as purchasing a car seat, finding a pediatrician, or choosing a daycare — as exclusively the domain of the pregnant woman. The project’s primary aim is to undermine legal rules that assume a gendered division of labor in which men are breadwinners and women are caretakers. But Fontana and Schoenbaum argue their project will also have benefits in terms of equality for expectant LGBT parents. To further this project, this Response asks what unsexing pregnancy might look like for different types of pregnant people: (1) pregnant individuals who do not identify as women, (2) expectant couples in which one partner is pregnant, (3) expectant parents engaging a surrogate or pursuing adoption, and (4) pregnant people who rely on networks of family and friends for support and caregiving. It argues that, in each of these contexts, the extension of pregnancy benefits raises a unique set of questions. But across all of these contexts, it will take more than simply making existing pregnancy rules gender neutral to achieve equality.en_US
dc.format.extent1 PDF (27 pages)en_US
dc.format.mimetypeapplication/pdf
dc.language.isoen_USen_US
dc.publisherColumbia Law Reviewen_US
dc.subjectpregnancyen_US
dc.subjecttransgenderen_US
dc.subjectnonbinary genderen_US
dc.subjectsurrogacyen_US
dc.subjectadoptionen_US
dc.subjectparentingen_US
dc.subjectfeminismen_US
dc.subjectwork and familyen_US
dc.subject.lcshfamily lawen_US
dc.subject.lcshsexuality and the lawen_US
dc.subject.lcshlawen_US
dc.titlePregnant People?en_US
dc.typeArticleen_US
dc.identifier.ssrn-urihttps://ssrn.com/abstract=3375002


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