Catholic Charities of Archdiocese of Dubuque v. Zalesky

I agree with the result reached by the majority but concur specially out of concern that the majority’s opinion goes further than required by Stanley. The danger lies in an over-extension of Stanley and a lemming-like march to the social disaster lurking in that decision’s dicta.

It is now apparent some of the sweeping language in Stanley was written without benefit of either proper presentation of countervailing state interests or other individual constitutional interests, e. g., the importance of legally secure adoptions, invasions of constitutional right to privacy of unwed mothers and…