The Scholar: St. Mary's Law Review on Race and Social Justice


Recent studies show that one in eight American couples suffered from infertility. Infertility treatments are riddled with accessibility barriers including high costs, marital status, and sexual orientation. Despite President Obama’s promise of universal health care, his health care reform acts missed the opportunity to squarely address this widespread problem. In fact, the recent health care reform did not include any provisions specific to fertility. Despite this glaring oversight, this article argues that regulators interpreting the acts can still provide the desired relief. The minimum coverage requirements beginning in 2014 can be interpreted to include fertility care if infertility is treated as a recognized medical condition (as it should be). Despite various potential ideological objections, mandating coverage for infertility treatment will advance four highly desired policies: (i) the promotion of gender equality; (ii) the promotion of a desired health related policy; (iii) the promotion of social justice; and (iv) the promotion of a desired medical related policy.

Volume Number


Issue Number



St. Mary's University School of Law