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Human Cloning

 

Some have already noted that the ban on cloning will violate the First Amendment to the constitution of the United States. In a quote by Alta Charo, from the University of Wisconsin Law School, Alta says, .
             "Here there is extremely little precedent, one could make the case that research is expressive activity and the search for knowledge is intrinsically within the First Amendment" (Works cited, 1).
             Others have a different point of view, like Douglas Kmiec, dean of Catholic University School of Law, who believes that the government is in a difficult position to defend research cloning. .
             "The cause of action there will be one that might be anchored in just the liberty interest to pursue a medical cure or in pursuing the medical profession to find that cure"(Works cited, 1). .
             Yet, there is a moral issue involved as well, concerning the ethics within the societal nature of cloning a human being. Is it really our God given right to be able to clone and use this technology as we see fit? Some see it as an insult to humanity, yet others are fighting for the chance to be able to use this technology for medical advances and cures. .
             "Cloning could shed light on how genes work and lead to the discovery of new treatments for genetic diseases. Objections to cloning are similar to objections raised against previous scientific achievements, for example, heart transplants and test-tube babies, that later came to be widely accepted. A ban on cloning may be unconstitutional. It would deprive people the right to reproduce and restrict the freedom of scientists " (Works cited, 2).
             One of the main legal challenges to the courts being addressed is the concern that the banning of reproductive, or therapeutic cloning violates the right to reproductive freedom. Since there is very little precedent in this area of law, the limited case law that already exists would suggest that a challenge based on the right to procreative liberty would probably fail.


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