|Abstract||A recent decision by the United States Supreme Court has brought into sharp focus important questions about the nature and extent of parents' prerogatives to dictate how their children are raised. In the case of Troxel v. Granville, the Court addressed a Washington third-party visitation statute that permitted "any person" to petition for visitation with a child. Under the statute, a petitioner had to allege that visitation would serve the child's best interest. A judge hearing such a petition could order visitation whenever he or she found that such visitation may serve the child's best interest. The United States Supreme Court's consideration of the Washington statute resulted in a splintered array of opinions that call for a serious and full public discussion of third-party visitation statutes. Justice Scalia's opinion opens the door to such a discussion by moving the issues away from constitutional rights rhetoric that only leads to confusion and stalemate in discussions of family policies and issues. He wisely calls for the public discussion and debate to begin. The participants in this public discussion would be well served by a deep and probing consideration of the family's political functions within a large pluralistic democracy.|
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
Corey Rayburn Yung, One of These Laws is Not Like the Others: Why the Federal Sex Offender Registration and Notification Act Raises New Constitutional Questions.
Kevin M. Stack, The Story of Morrison V. Olson: The Independent Counsel and Independent Agencies in Watergate's Wake.
Paula A. Monopoli, Nonmarital Children and Post-Death Parentage: A Different Path for Inheritance Law?
Charles T. Kotuby Jr, Private International Law Before the United States Supreme Court: Recent Terms in Review.
David C. Thompson & Melanie Wachtell, An Empirical Analysis of Supreme Court Certiorari Petition Procedures: The Call for Response and the Call for the Views of the Solicitor General.
Joan Catherine Bohl, Brave New Statutes: Grandparent Visitation Statutes as Unconstitutional Invasions of Family Life and Invalid Exercises of State Power.
Gilbert A. Holmes, The Tie That Binds: The Constitutional Right of Children to Maintain Relationships with Parent-Like Individuals.
Sorry, there are not enough data points to plot this chart.
Added to index2009-02-10
Total downloads1 ( #290,877 of 722,698 )
Recent downloads (6 months)0
How can I increase my downloads?