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45 Ariz. L. Rev. 507 (2003)
The Implications of the Due Process Clause on the Future of Human Embryonic Gene Therapy

handle is hein.journals/arz45 and id is 525 raw text is: THE IMPLICATIONS OF THE DUE PROCESS CLAUSE ON THE FUTURE OF HUMAN EMBRYONIC GENE THERAPY Amber Stine* I. INTRODUCTION The goal of gene therapy is to correct genetic defects through a process of transferring nucleic acids to an individual's somatic cells., Gene therapy is advantageous over other medical treatments due to its potential for correcting genetic causes of a disease, its ability to selectively treat affected cells and tissues, and its capacity for long-term treatment. As the practice of gene therapy becomes more refined and predictable, our society will struggle with the implications of this expansive scientific technology. The potential abuses that can occur in the absence of state regulation should be carefully considered. As regulations on gene therapy are passed by the states and subsequently challenged in court, the judiciary will determine the constitutionality of such state action. This Note supports the contention that while therapeutic embryonic gene therapy might be regulated, state governments cannot completely ban gene therapy due to the individually protected right to procreate. This Note further supports the argument that states may regulate nontherapeutic or enhancement gene therapy more stringently. * I am grateful for the constant jovial support of my husband, William Sewell. My thanks for the assistance I have received on this Note is a small reward for all the great advice and comments I have received from the editors of the Arizona Law Review. 1. See Gabor M. Rubanyi, The Future of Human Gene Therapy, 22 MOLECULAR ASPECTS MED., 113, 113-14 (2001). 2. See id. at 114.

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