Court to weigh if one parent has the right to use frozen embryos if the other objects image

Washington Post, January 9, 2018
Ariana Eunjung Cha, quoting I. Glenn Cohen (Faculty Director)


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On Tuesday, the Colorado Supreme Court will hear oral arguments in the Rookses' case. Although several other cases have made their way to states' high courts, legal experts say the issues here are different.

"Constitution questions are front and center in a way that they have not been in the other cases," said Harvard law professor I. Glenn Cohen. And if the judges decide the Rookses' dispute on such grounds, that would allow it to be appealed to the U.S. Supreme Court - where a ruling would apply nationwide.

Cohen said the central issue focuses on how to balance one person's constitutional right to procreate with another's countervailing constitutional right to not procreate. The question parallels similar arguments used in other reproductive health cases, namely the Supreme Court's landmark 1973 abortion decision in Roe v. Wade. If women have the right to not be forced to be a gestational parent, do men - or women - have the right not to be forced to be a genetic parent?

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