Henne ex rel. Henne v. Wright

I agree with the Court that the plaintiffs have standing to sue. I would also reject the defendants’ contention that there was a failure to join necessary parties. To that extent, I concur in Parts II.A and II.B of the Court’s opinion. But on the merits, I respectfully dissent. The fundamental right of privacy, in my view, includes the right of parents to name their own children, and the State has shown no interest on the facts of these cases sufficiently compelling to override that right. So I cast my vote to affirm the judgment of the District Court, holding invalid as applied to these…