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27 Law & Psychol. Rev. 29 (2003)
Tourette's Syndrome: A Case Example for Mandatory Genetic Regulation of Behavioral Disorders

handle is hein.journals/lpsyr27 and id is 33 raw text is: TOURETTE'S SYNDROME: A CASE EXAMPLE FOR MANDATORY GENETIC REGULATION OF BEHAVIORAL DISORDERS Rhoda J. Yen* INTRODUCTION As the completion of the Human Genome Project nears, the effort to link human behavior to our genes gains momentum, and the need for a clear stance against state-mandated genetic testing and other forms of regulation becomes apparent. This Article considers the dangers of such schemes as they apply to a relatively common behavioral disorder, Tourette's Syn- drome (referred herein as Tourette's). Part I of this Article provides a general introduction to Tourette's, including a brief overview of the social concerns that could justify mandatory testing and/or treatment for Tourette's. Part I also considers the possible regulatory schemes that state governments might seek to implement. Part II describes the legal frame- work in which courts review health regulations. Part III argues that Tourette's does not pose a significant risk to the public to warrant regula- tion, that the privacy interests infringed by state-mandated testing and treatment nonetheless outweigh any such risk, and genetic testing is not narrowly tailored to further a compelling state interest. Finally, Part IV concludes by emphasizing the dangers of compulsory genetic testing and treatment for behavioral disorders. Throughout history, human society has attempted to eliminate undesir- able behavior. We have sought spiritual assistance by asking God to deliver us from the demons within or by exploring Eastern meditation or hypnosis to cleanse our minds from unhealthy impulses. We have relied upon the principles of moral education, hoping that by teaching our children prop- erly, they will not stray as adults. Recently, we have begun to view science as the ultimate panacea for society's problems. The 1997 film, Gattaca,l depicts a society in which genetic engineering could eliminate the physical and behavioral imperfections that ostensibly * Rhoda J. Yen received her law degree from Georgetown University Law Center, and holds a Bachelor of Arts and Bachelor of Science from the University of Maryland. Ms. Yen is currently an attorney with the law firm of Jones, Foster, Johnston & Stubbs, P.A., in West Palm Beach, Florida. She also teaches law as an adjunct professor at the Florida Atlantic University Honors College. Ms. Yen dedicates this article to her husband, Daniel, who has never stopped finding humor in living with Tourette's and shows her each day how not to take oneself too seriously. 1. GArACA (Jersey Films 1997).

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