About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

39 B.U. Int'l L.J. 1 (2021)
Practical Piety: Divining Religion's Role in Reproductive Policymaking

handle is hein.journals/builj39 and id is 7 raw text is: PRACTICAL PIETY: DIVINING RELIGION'S ROLE
IN REPRODUCTIVE POLICYMAKING
Matthew J. Stanford*
ABSTRACT
By examining the regulation of family planning in three governmental
contexts-theocracy, ethnoreligious  democracy, and    secular  liberal
democracy-this Article contends that the secular liberal democracy
overreaches both when it adopts disingenuous legislative rationales simply
to avoid the appearance of promoting religion and when it judicially
dismantles general welfare legislation based solely on a burden that it
imposes on a tertiary religious doctrine. These phenomena short-circuit the
democratic process. The former deprives lawmakers and their constituents of
the opportunity to evaluate the true motivations behind a proposed bill. If a
proposal is religiously inspired, its palatability to a religiously pluralistic
society should be evaluated for the normative value that religious doctrine
purportedly promotes, not some post hoc rationale developed solely to satisfy
constitutional scrutiny. The latter's invalidation of duly enacted, generally
applicable legislation to protect even the most ancillary forms of religious
expression transforms the judiciary into a religious tribunal. This both
contravenes notions of religious freedom that undergird these democracies
and places judges in the impossible position of selecting which religious
doctrines deserve legal protection. A task best left to the legislative process.
CONTENTS
INTROD UCTION ..........................................................................................  2
I. REGULATING PROCREATION IN A THEOCRACY ...................................... 4
A.  Iranian  Governmental Structure ............................................. 4
B. The Islamic Republic: Religion in Revolutionary Iran ........... 8
* Matthew J. Stanford is an attorney and Senior Research Fellow at the California
Constitution Center at Berkeley Law. He received his B.A. (2012) from Penn State University
and his J.D. (2017) from Berkeley Law. He wishes to thank Professor Laurent Mayali for
advising him through early drafts of this Article. He would also like to thank the BUILI
editorial team for their tireless and meticulous work editing this Article, especially during such
an unusual school year. All views expressed and any errors are his own.

1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most