Legal Opinion · Dissent

B.H. v. K.D.

North Dakota Supreme Court

Decided September 8, 1993No. Civ. No. 920383Published

1DissentMeschke, Justice

Because I believe that the majority opinion avoids important legislative history and constitutional precedents, misconstrues the Uniform Parentage Act, and misapplies standing, I respectfully dissent.

1. Constitutional footings

Some functional family relationships, as well as formal family values, deserve and receive constitutional recognition and procedural due process:

The rights to conceive and to raise one’s children have been deemed “essential,” Meyer v. Nebraska, 262 U.S. 390, 399 [43 S.Ct. 625, 626, 67 L.Ed. 1042] (1923), “basic civil rights of man,” Skinner v. Oklahoma, 316 U.S. 535, 541…

2Cases cited30 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Meyer v. NebraskaSupreme Court of the United States · 1923
  4. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  5. Prince v. MassachusettsSupreme Court of the United States · 1944

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