B.H. v. K.D.
North Dakota Supreme Court
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
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Meyer v. NebraskaSupreme Court of the United States · 1923
- Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
- Prince v. MassachusettsSupreme Court of the United States · 1944
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