Document Type

Article

Publication Title

University of Pennsylvania Journal of Constitutional Law

Abstract

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court held that there is no constitutional right to abortion. The decision has had a devastating impact on people seeking abortions in many states, and it will have an even more profound effect on the rights and lives of minors. Pregnant minors face greater risks than pregnant adults when they are forced to continue a pregnancy that can harm their physical and mental health and their educational and financial futures. Very young minors are incapable of consenting to the sexual acts that result in pregnancy, but many states require even these young rape victims to sacrifice their health and well-being—and potentially their lives—for the sake of a future child. But the Dobbs opinion also calls into question other constitutional rights of minors. This Article traces the evolution of minors’ constitutional rights and the substantive due process doctrine, then examines the post-Dobbs rights of minors in four areas: (1) abortion, (2) medical decision-making, (3) minors’ parental rights, and (4) minors’ right to choose whether to marry. The Article concludes with a warning about the perils of disregarding the rights of minors solely because they have only recently been recognized. History and tradition should not be the only basis for protecting rights, particularly the rights of a population as vulnerable as minors, and especially when losing those rights gives someone else control over decisions that can irreversibly alter the course of their lives.

Publication Date

2024

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