Troxel and the rhetoric of associational respect

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)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,350
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Citations of this work BETA

No citations found.

Similar books and articles
Analytics

Monthly downloads

Added to index

2009-02-10

Total downloads

2 ( #336,572 of 1,096,714 )

Recent downloads (6 months)

1 ( #271,187 of 1,096,714 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.