Editing Constitutional Liberties
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Reasoning: The scope of the protected liberty interest under the due process clause of the [[Constitution_of_the_United_States#14th_Amendment_.28Equal_protection.29|14th Amendment]] does not include the freedom from bodily restraint. Rather, recognized liberty interests include the freedom to contract, to engage in any of the common occupations of life, to acquire skill, knowledge, to marry, to establish a home, to raise kids, to practice religion, and to generally the common law notion of happiness. These liberties cannot be interfered with by arbitrary or unreasonable reasons that do not further any legitimate state purpose. | Reasoning: The scope of the protected liberty interest under the due process clause of the [[Constitution_of_the_United_States#14th_Amendment_.28Equal_protection.29|14th Amendment]] does not include the freedom from bodily restraint. Rather, recognized liberty interests include the freedom to contract, to engage in any of the common occupations of life, to acquire skill, knowledge, to marry, to establish a home, to raise kids, to practice religion, and to generally the common law notion of happiness. These liberties cannot be interfered with by arbitrary or unreasonable reasons that do not further any legitimate state purpose. | ||
===== | ===== Troxel v. Granville ===== | ||
Facts: A Washington statute permitted any person to petition a superior court in the state for visitation rights at any time and authorized the court to grant such visitation rights whenever visitation might serve the best interest of the child. Jenifer and Gary Troxel petitioned a Washington Superior Court for the right to visit their paternal grandchildren after their son, the children’s father, committed suicide. Tommie Granville, the mother of these kids, opposed the petition. | Facts: A Washington statute permitted any person to petition a superior court in the state for visitation rights at any time and authorized the court to grant such visitation rights whenever visitation might serve the best interest of the child. Jenifer and Gary Troxel petitioned a Washington Superior Court for the right to visit their paternal grandchildren after their son, the children’s father, committed suicide. Tommie Granville, the mother of these kids, opposed the petition. | ||
Rules: Under the Due Process Clause, a state court may not grant visitation rights to a person, even when doing so would be in a child’s best interest, if those visitation rights are opposed by the child’s parent because doing so interferes with the parent’s fundamental liberty interest in raising their child. | Rules: Under the Due Process Clause, a state court may not grant visitation rights to a person, even when doing so would be in a child’s best interest, if those visitation rights are opposed by the child’s parent because doing so interferes with the parent’s fundamental liberty interest in raising their child. | ||
Reasoning: There is difficulty in attempting to define the concept of average American family because the composition of families varies across the board. Many states have passed similar non-parental visitation statutes to that in Washington, because they recognize the reality that grandparents and other relatives play significant roles in the rearing of children. | Reasoning: There is difficulty in attempting to define the concept of average American family because the composition of families varies across the board. Many states have passed similar non-parental visitation statutes to that in Washington, because they recognize the reality that grandparents and other relatives play significant roles in the rearing of children. | ||
==== Right to Procreate ==== | ==== Right to Procreate ==== |