Constitutional Law: Class 36

Fundamental Rights of Family Autonomy

April 11, 2008

Framework for Analyzing Fundamental Rights

• i. Is there a fundamental right?• ii. Is the fundamental right infringed?• If answer to both is yes, then strict scrutiny

is applied

Loving v. Virginia (1967) [C p. 821]

• Unanimous• Opinion of the Court

by Warren• Concurrence by

Stewart

Zablocki v. Redhail (1978) [C . 822]

• Majority by: MarshallJoined by: Burger, Brennan, White, BlackmunConcurrence by: BurgerConcurrence by: Stewart (in the judgment)Concurrence by: Powell (in the judgment)Concurrence by: Stevens (in the judgment)Dissent by: Rehnquist

Scope of Fundamental Right of Marriage: Does it include polygamy?

Stanley v. Illinois (1972) [C p. 827]

• Opinion of the Court by White, joined by Brennan, Stewart and Marshall and, as to Parts I and II, by Douglas

• Dissent by Burger, joined by Blackmun

• Powell and Rehnquist took no part in the consideration or decision of the case.

Michael H. v. Gerald D. (1989) [C p. 829]

• 5-4• Majority opinion by

Scalia, joined by Rehnquist and, as to all but fn 6 by O’Connor and Kennedy

• Concurrence by O’Connor joined by Kennedy

• Dissent by Brennan, joined by Marshall and Blackmun

• Concurrence as to judgment by Stevens

Moore v. City of East Cleveland (1977) [C p. 835]

• Plurality opinion by Powell, joined by Brennan, Marshall, and Blackmun

• Concurrence by Brennan, joined by Marshall

• Concurrence in the judgment by Stevens

• Dissent by Burger• Dissent by Stewart,

joined by Rehnquist• Dissent by White

Village of Belle Terre . Boraas (1974) [C p. 838]

• Majority by Douglas, joined by Burger, White, Blackmun, Rehnquist, Stewart, Powell

• Dissent by Brennan• Dissent by Marshall

Meyer v. Nebraska (1923) [C p. 839]

• Majority by: McReynoldsJoined by: Taft, McKenna, Van Devanter, Brandeis, Butler, SanfordDissent by: HolmesDissent by: Sutherland

Pierce v. Society of Sisters (1925) [C p. 840]

• Unanimous• Opinion of the Court

by McReynolds• Below is his law clerk,

John Knox: See The Forgotten Memoir of John Knox

Troxel v. Granville (2000) [C p. 842]

• 5-4• Plurality opinoin by

O’Connor, joined by Rehnquist, Ginsburg and Breyer

• Concurrences in the judgment by Souter and Thomas

• Dissents by Stevens, Scalia, and Kennedy