Florida State University College of Law Scholarship Repository Scholarly Publications 11-2015 The Oedipus Hex: Regulating Family After Marriage Equality Courtney Megan Cahill Florida State University College of Law Follow this and additional works at: https://ir.law.fsu.edu/articles Part of the Constitutional Law Commons, Family Law Commons, Law and Society Commons, and the Sexuality and the Law Commons Recommended Citation Courtney Megan Cahill, The Oedipus Hex: Regulating Family After Marriage Equality, 49 U.C. DAVIS L. REV. 183 (2015), Available at: https://ir.law.fsu.edu/articles/520 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Scholarly Publications by an authorized administrator of Scholarship Repository. For more information, please contact
[email protected]. The Oedipus Hex: Regulating Family After Marriage Equality ∗ Courtney Megan Cahill Now that national marriage equality for same-sex couples has become the law of the land, commentators are turning their attention from the relationships into which some gays and lesbians enter to the mechanisms on which they — and many others — rely in order to reproduce. Even as one culture war makes way for another, however, there is something that binds them: a desire to establish the family. This Article focuses on a problematic manifestation of that desire: the incest prevention justification. The incest prevention justification posits that the law ought to regulate alternative reproduction in order to minimize the potential for accidental incest between individuals involved in the donor conception process. A leading argument offered by both conservatives and progressives in defense of greater regulation of alternative reproduction, the incest prevention justification hearkens back in troubling ways to a taboo long used in American law to discipline the family.