Is this a case in which the Court was asked to "deny or disparage" a true 9th Amendment right created by the state laws of California--the right of marital privacy created by California statutory law?
Michael H, the "adulterous natural sire" of Victoria, a child born into the marriage of Carole and Gerald, is asking the Court to protect his right as an adulterous biological parent from a California law designed to protect the marital privacy of Carole and Gerald.
What effect would this kind of litigation likely have on a marriage?
Assume Husband does not know of his wife's infidelity?
Assume he does know, has forgiven her, and they are trying to repair the damage done to their marriage by her adultery?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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