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Copyright (c) 2002 Nova Law Review
Nova Law Review

ARTICLE: Cloning and the Constitution, Cloning and the Constitution, Cloning and the Constitution, Cloning and . . .

Winter, 2002

26 Nova L. Rev. 511


Daniel Mark Cohen*



In form and fashion, in proposition and purpose, the breadth and depth of human culture ever demonstrates a remarkable diversity. The sundry peoples of the earth differ, not only in their appearance, clothing, and diet, but no less in their social systems, religious beliefs, and political philosophies. Yet whether king or commoner, aristocrat or pauper, notorious or anonymous, each human being shares with every other, one fundamental condition of life, as indeed human beings have throughout their history on earth. Each man, and each woman traces his or her origin to a mystifying, microscopic biological event: the fusion of male and female gametes that describes the process of sexual reproduction. Moreover, this nascent physiological occurrence is universally precipitated by, and generally subservient to, a greater, inexorable "carnal" desire of a man and woman, each for the other. It is a desire that oft constitutes not only a corporeal passion, but no less an emotional (some might say a spiritual) yearning that draws the two together for that ecstatic union of the sexes by which new human souls are conceived. Yet the aggregate result of recent scientific advances in physics, chemistry, biology, genetics, and medicine, has led humankind to the astonishing discovery that reproduction in animals, non-human in fact, and human in theory, may also be achieved asexually through a laboratory procedure known as cloning. 1 Scientists have already successfully cloned animals, including frogs, 2 salamanders, 3 mice, 4 sheep, 5 cows, 6 and monkeys. 7
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