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Published online by Cambridge University Press: 09 September 2019
This chapter argues that reproductive banks provide buyers the option to segregate on the basis of race. I define “segregation” here as discriminating on the basis of race in order to avoid racial integration. In selling sperm and ova, reproductive banks both discriminate against potential donors on the basis of race and steer buyers to do the same. Most notably, these banks engage in racial steering by disclosing the race of the donor. In doing so, they provide buyers the option to form a biological family that is racially homogenous. This allows buyers the option to avoid racially integrating their families. This is how banks sell segregation. Drawing on both the ideal society and actual society approaches to racial justice, this chapter argues that selling segregation is wrong. I also show that this practice is unlawful and unenforceable under the Constitution.
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