Frontmatter
Contents
Acknowledgments
Introduction
1. "Fundamental" Rights versus State Interests
I. "I Am Not Talking Very Much Like a Lawyer"
II. The U.S. Supreme Court and "Fundamental" Rights
III. The Liberty and Rights Protected by the Due Process Clause
Case Study: U.S. v Carolene Products, 1938, Footnote 4³⁶
IV. Is There a Protected Liberty Interest for Persons Having Intimate Homosexual Relations?
Case Study: Bowers v Hardwick, 478 U.S. 186 (1986)⁵º
Case Study: Roy Romer, Governor v Richard Evans, et al., 1996⁵⁴
V. The Limits of Sexual Privacy
VI. Summing Up
2. Marriage and Marital Privacy
I. "I Should Like to Suggest a Substantial Change for Your Consideration"
II. Heterosexual Marriage
Case Study: Skinner v Oklahoma, 1942⁴¹
III.Molecular Changes in the Definition and Reality of the Traditional Marital Relationship
Case Study: Griswold v Connecticut, 1965⁵º
IV. The Dilemma of Intimate Violence and Congressional Passage of the Violence Against Women Act (VAWA), 1994
Case Study: Joshua DeShaney, a minor, by his guardian ad litem, et al., v Winnebago County,Wisconsin Department of Social Services, et al., 1988⁵⁹
Case Study: U.S. v Morrison, 1999⁷⁵
V. Same-Sex Marriage
Case Study: Stan Baker, et al. v State of Vermont, et al., 1999⁹⁴
VI. Congressional Passage of the Defense of Marriage Act (DOMA), 1996
Case Study: Nina Baehr v Miike, 1996, 1999¹º³
VII. Summing Up
3. The "Rhapsody of the Unitary Family"¹
I. "Something Smells about This Case"
II. Who Is Family?
Case Study: Village of Belle Terre v. Bruce Boraas, 1974²³
III. Family Privacy Rights versus State Interests
Case Study: Reynolds v U.S., 1878²⁸
Case Study: Michael H. v Gerald D., 1989
IV. Family Privacy Rights versus Personal Autonomy and Other Constitutional Rights
Case Study: Eisenstadt v Baird, 1971
V. Summing Up
4. Motherhood or Not, That Is Her Decision
I. "I Will Be God-damned!"³
II. Not Having Children: Abortion as Personal Right
Case Study: Roe v Wade, 1972¹¹
III. After Roe, What Are the Limits of "State Actions" That Regulate the Abortion Procedure?
Case Study: Webster v Reproductive Health Services, 1989
IV. After Roe, What Are a Husband's Rights?
Case Study: Planned Parenthood of Southeastern Pennsylvania v Casey, 1992
VI. Back into the Vortex: The "Partial Birth" Abortion Controversy
Case Study: Stenberg v Carhart, 1999
VII. Summing Up
5. Raising the Child "Father Knows Best"?
I. "This Is Really a Ridiculous Case to Be Absorbing Our Time"
II. Raising and Educating Children
Case Study: Wisconsin v Yoder, 1972
III. The Mental and Physical Health and Welfare of the Child
Case Study: Parham v J.R., 1979
Case Study: Ingraham v Wright, 1977
IV. Children's Rights: Visiting the Grandparents
Case Study: Troxel v Granville, 2000
V. Summing Up
6. "Let Me Go!"
I. "This Case Should Never Have Been Started"
II. Terminating Life Support for an Incompetent Family Member: Passive Euthanasia
Case Study: Cruzan v Director,Missouri Department of Health, 1990
III. Physician-Assisted Suicide: Active Euthanasia
Case Study:Washington State v Glucksberg, 1997; Vacco v Quill, 1997
IV. Summing Up
7. Family and Personal Privacy in the Twenty-First Century
I. "She Kept Screaming"
II. Is the Home Still a Castle?
Case Study: Kyello v U.S., 2000
III. The "Medical Necessity" Exception and Federal Anti-Marijuana-Use Law
IV. Summing Up
Notes
Bibliography
Index
About the Author