Marriage and Family Decision Making Flashcards
Right to Marry?
Loving v. Virginia: Right to marry is fundamental right. Does this mean right to marry anyone? Not as of now.
Right to Control Upbringing?
None of these rights are absolute but gov. must meet strict scrutiny.
Meyers v. Nebraska
•Use due process
•Law prohibited teaching in school of any language except Eng.
•Broadly defined “liberty” in the due process clause to acquire useful knowledge and protect basic aspects of family autonomy.
oLiberty denotes right to bring up children
•Certain aspects of family autonomy are fundamental right
Right to Keep Family Together
Moore v. City of East Cleveland
• Zoning ordinance limited the number of unrelated people who could live in one household and defined “unrelated” to keep a grandmother from living w/ her two grandson who were first cousins.
•“Liberty” in the due process clause includes protection for family rights.
•The right to live w extended family is deeply rooted in American tradition. Everyone participates in upbringing. This is a fundamental right.
•Law Purpose→ prevent overcrowding.These goals are legit BUT the regulation does not serve these goals.
o NOT NARROWLY TAILORED to purpose.
Private Sexual Activity?
Lawrence v. Texas
•Two guys engage in homosexual activity charged w/ deviate sexual conduct
•Bowers is greatest obstacle. Says homo conduct not fundamental right even though the statute applied to homosexual and heterosexual because not rooted in tradition or text or framer intent
• Kennedy majority: this is a general right of sexual privacy and not homosexual activity.
•Kennedy-Ban on homosexuality not deeply rooted but only a ban on non-procreational sexual activity. Not enforced against consenting adults in private. Targeting of same sex was not until last 3rd of 20th century.
-Sexual activity is fundamental aspect of person hood.
PROBLEM: Court never says this activity is fundamental right. Only says justified because emerging awareness that right of privacy protects private sexual conduct. Court did not articulate level of scrutiny to be used.
•Most important decision to date recognizing the rights of gays to equal treament under const.
