Cardozo Journal of Equal Rights & Social Justice
Abstract
The article critiques the legal framework supporting abortion rights, arguing that privacy-based jurisprudence, as established in *Roe v. Wade*, is inadequate due to its roots in a gendered public/private divide that perpetuates inequality. It proposes a new constitutional basis for abortion rights under the Thirteenth Amendment, framing forced pregnancy as a form of involuntary servitude and emphasizing gender subordination rather than privacy or equality.
Disciplines
Constitutional Law | International Law | Law | Law and Gender | Sexuality and the Law
Recommended Citation
Laura Sjoberg,
Where Are the Grounds for the Legality of Abortion? A 13th Amendment Argument,
17
Cardozo J. Equal Rts. & Soc. Just.
527
(2011).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol17/iss3/3
Included in
Constitutional Law Commons, International Law Commons, Law and Gender Commons, Sexuality and the Law Commons