‘How does the Conflation of Morality with Legality Hinder Marginalised Communities’ Bodily Autonomy?’ An American Analysis.

Abstract

This essay explores how morality, particularly that of religious morality, interacts with both U.S. legislatures and judiciary to inform socially significant legal decisions upon marginalised communities' bodily autonomy. These legal decisions relate primarily to that of women’s reproduction rights, transgender individuals' access to healthcare and state intrusion upon non-normative sexual practices within queer communities, introducing a comparative evaluation within the UK’s legal system. Morality, when interpreted literally, is understood to be “a set of personal or social standards for good or bad behaviour and character.”1 Meanwhile, bodily autonomy can be understood as one’s right of “self-governance” over the body, free from external influence.2 Thus, when a concept as inherently subjective and variable as morality- shaped by individual beliefs or ever-evolving societal standards- is imposed upon the more concrete and tangible right of bodily autonomy, conflict becomes almost inevitable. Further, it is often those already marginalised, whose autonomy challenges prevailing moral norms, who face the greatest threats under morally driven legal decisions.