The common law already recognizes various posthumous rights (testamentary freedom, publicity, reproductive autonomy) and the categorical exclusion of the dead from constitutional protection is unsound.

Evidence

The Constitution After Death (Columbia Law Review)

Categorization

  • corroborated: 5 independent passages support this claim
  • XREF: connects to: Small acts of decorum toward corpses matter more than practical logic — Julien Gracq, Balcony in the Forest, 483