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Constitutional Aspects of Family Law
This lesson is an examination of the constitutional law aspects of Family Law. It builds upon lessons which provide a review of Constitutional Law in the Family Law context, but is much more detailed. It is intended as a supplement and review of constitutional doctrine as it occurs in specific Family Law areas such as marriage, divorce, parenting, procreation, sexuality, the rights of minors, and end-of life issues.
Learning Outcomes
On completion of the lesson, the student will be able to:
- Explain the importance of the Fourteenth Amendment to Family Law.
- Discuss the argument that marriage is a fundamental right under the Due Process Clause of the Fourteenth Amendment as derived from Loving v. Virginia.
- Restate the holding in Obergefell v. Hodges.
- Explain the Court's decision in United States v. Windsor.
- Distinguish the Court's holdings in Boddie and Sosna.
- Diagram the holdings in Meyer, Pierce, Prince, and Yoder, as they relate to parents' constitutional rights.
- Debate the conflict between constitutional rights of a minor and the rights of that minor's parent.
- Formulate a definition of parent based on court decisions in this lesson.
- Explain Buck v. Bell.
- Describe the importance of Griswold v. Connecticut.
- Differentiate Bowers v. Hardwick from Lawrence v. Texas.
- Explain the Court's holdings in Cruzan v. Director, Missouri Dep't of Health and Washington v. Glucksberg.