Ex parte J.W.B.

I respectfully dissent. This is a difficult case; it presents a close call. However, I believe that D.W. properly preserved in the probate court the constitutional issue he raised in the Court of Civil Appeals.

D.W.’s counsel, citing applicable caselaw, argued in open court, among other things, that when an unwed or unmarried father demonstrates “commitment to the responsibilities' of parenthood by coming forward to participate in the rearing of his child, his interest and personal contact with the child acquires substantial protection under the Due Process Clause.” The father’s remaining…