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Meyer v.
Nebraska,
262 US 390; 43 S Ct 625 (1923);
Parent's rights have been recognized
as being essential to the orderly
pursuit of happiness by free man.
Pierce v. Society of Sisters,
268 US 510, 535 (1925);
The fundamental theory of liberty
upon which all governments in this
Union repose excludes any general
power of the State to standardize
its children by forcing them to
accept instruction from public
teachers only. The child is not the
mere creature of the State; those
who nurture him and direct his
destiny have the right, coupled with
the high duty, to recognize and
prepare him for additional
obligations.
Griswold v. Connecticut,381
US 479 (1965);
A man has the right to enjoy the
mutual care, company, love and
affection of his children, and
this cannot be taken away from him
without due process of law. There is
a family right to privacy which the
state cannot invade or it becomes
actionable for civil rights damages.
Stanley v. Illinois,
405 US 645, 651 (1972);
The parent-child relationship is an
important interest that undeniably
warrants deference and, absent a
powerful countervailing interest,
protection.
Wisconsin
v. Yoder,
406 US 205, 232-233 (1972);
The Court took up a challenge to
Wisconsin's compulsory education
laws and found that even when
claiming a purpose of benefiting the
child, the state must demonstrate
convincing evidence that its
intended policy will actually bring
about its professed goal.
Quilloin v. Walcott,
98 S Ct 549; US 246, 255 (1978);
A father who is separated or
divorced from a mother and is no
longer living with his child could
not constitutionally be treated
differently from a currently married
father living with his child.
Santosky v. Kramer,
102 S Ct 1388; 455 US 745 (1982);
Even when blood relationships are
strained, parents retain vital
interest in preventing irretrievable
destruction of their family life; if
anything, persons faced with forced
dissolution of their parental rights
have more critical need for
procedural protections than do those
resisting state intervention into
ongoing family affairs.
[W]hile there is still reason to
believe that positive, nurturing
parent-child relationships exist,
the [state's] parens patriae
interest favors preservation, not
severance, of natural familial
bonds. The State registers no
gain towards its declared goals when
it separates children from the
custody of fit parents (quote at
766,767).
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