The Human Cloning Foundation is aware of three states that have banned
human cloning. California and Rhode Island both have a 5 year moratorium
that expires automatically unless
extended (California's moratorium has about 3 years and 8 months left
to go). The California law's penalties are a million dollar fine,
plus loss of business and professional licenses for the doctors/hospitals/clinics
that do human cloning. The third state to ban cloning is Michigan,
which passed a permanent ban with criminal penalties, including 10 years
in prison.
At the federal level, President Clifton imposed a ban via executive order on the use of federal funds for cloning research. In many ways, Clinton's ban could be considered purely for public consumption, however, because there was already a ban on federal funding for embryo research, which probably would have accomplished the same thing even if Clinton had done nothing.
Unfortunately, the FDA has also decided to assert jurisdiction over cloning, saying that they won't approve it until it is shown to be safe and effective. However, absolutely nobody on either side of the debate thinks the FDA has even statutory jurisdiction (or at least no lawyers seem to think so, and several lawyers have been talked to on all sides of this issue). As Congressman Ehlers, one of the leaders of the move to outlaw cloning in Congress, said, "it's hard to argue that a cloning procedure is a drug." It might be said that the FDA move was also for political consumption, because it has been used by the Democrats to argue that the more stringent Republican plan to outlaw cloning, which Democrats oppose, is not necessary. If and when the FDA is challenged in court, it seems likely that they will lose.
It is hoped that those who favor human cloning will educate their politicians
and government agencies about the potential benefits of human cloning.
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