Recognition and Legalization of Same-sex Marriage

3. The last thing that really surprised me is the public defender has to listen to the child’s wishes. The mother may

As a group, (each group member representing a person in the dilemma) we examined eight steps in the ERC. Throughout each phase, the child’s primary best interests were considered by all parties. As the director progressed through the ERC, it became clear that both the parents and Michael have legal rights that need to be addressed.

The Court reasoned that the Washington statute violated parents’ rights under the Fourteenth Amendment’s Due Process Clause because it stripped them of the autonomy to make best care decisions for their young.

My initial thought is in the context of which the 14th amendment was made. It safeguards individual liberties for all citizens; not just for adults, white males, those living in a specific state and promises equality. In this description alone, does the Constitution not delegate the equality of Joshua and Randy as individual citizens? To some, that is a broad interpretation; as precedents and law support parental sovereignty, but the statement is blatant to me. The first step is to establish Joshua’s rights as independent from his father’s, and therefore the act of child abuse, and the neglect of the DSS deprived Joshua of his right to life and liberty. His rights were abridged by his father; not because Randy’s abuse voided his right to parent

When the judge makes a choice a approperate law is put in place to stop the situation/case from being an issue. In Loco Parents In loco parentis means in the place of a parent, this is what the responsiable parents would give to another reliable adult that will be looking after their child when they’re under the age of 18, for example, intructor/teacher, childcare workers ect... Duty of Care/Higher Duty of Care Employee’s and employers have a responsiablity of care to other employee’s, general public and anyone else within the premises such as students are out of risk of danger, they also have duty of care over objects and equiptment within the premisies.

Decisions about the circumstances under which children may be removed from their parents and placed in state-supervised foster care raise constitutional as well as policy questions. The Due Process Clause of the Fourteenth Amendment provides that no state shall “deprive life, liberty, or property without due process of law.”The Supreme Court has long established that the Due Process Clause provides “heightened protection” against government interference with certain fundamental rights and liberty interests, the oldest of which is the fundamental liberty interest of parents “in the care, custody, and control of their

In Reel v. Harrison, 118 Nev. 881; 60 P.3d 480; 2002 Nev., “First Judicial District Court affirmed the trial court’s determination that § 125C.200 violated the Equal Protection Clause of the Fourteenth Amendment by restricting a custodial parent's fundamental right to travel. The trial court also concluded that even if § 125C.200 was constitutional, the mother was still permitted to relocate the minor child to New Jersey, based on the career and educational opportunities available... and the ability to maintain reasonable visitation with the father”.

All families face challenges in their everyday life. For some, the challenges are easier to handle while for others, surmounting those challenges can be more difficult. Over the years, the LGBT community in the US has faced many hurdles. Whether it’s the legalization of same-sex marriage to adoption rights to alimony, child support and child custody in case of divorce, legislation specific to gay and lesbian couples still has a long way to go.

However, both the Courts’ case-by-case approach and the reasons recognised in Bellotti v. Baird as allowing a legitimate restriction of the constitutional rights of children are still echoed in the various State Minor Consent Laws that have been enacted in parallel with the development of the right to privacy within the Courts. They are also echoed in the provisions related to the parents and minors relationship found in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in which minor’s right to privacy is also seen in light of parents’ right to privacy. Obvious in this Act is also the unwillingness of the legislator to allow the HIPAA to disrupt both parents’ and children’s rights as these have been formed within “state

As mentioned above, for a proper assessment of what promotes a child’s best interests cannot be restrictive, and it requires flexible and wide judicial discretion. The primary considerations operate at a level of general principle. In almost all cases, the additional considerations will operate to amplify the primary considerations where appropriate through detailed examination. However, if the additional considerations are simply understood as amplifying the primary considerations, then much of the difficulty in the relationship between primary and additional considerations would disappear. Children’s views, for example, may be a highly relevant factor in choosing who should be the primary caregiver and how much time they should spend with

What is considered to be the child’s best interests varies across cultures, religions and states. Norwegian legislators, for example, emphasise three important considerations: stability in care for the child, the biological principle that it is in the child’s best interests to grow up with his or her biological parents, and the child’s opinion. When taking into account of those considerations, the Norwegian Supreme Court in several adoption cases assessed the best interests of children by looking at factors such as end of conflicts about the child, the opinion of the child and biological parents, and any change in care situation of the child. On the other hand, in the United States, general guidelines for the determination of best interests

For the most part, parents have the best interest of their children at heart. However, there are unfortunately many cases throughout the United States where parents are unable to, for one reason or another, take care of their children. Sometimes, this can be seen as a health issue of the parents. Sometimes, parents are unable to raise their children well due to physical, financial, and/or emotional issues. Other times, parents do not have the best interests of their children in mind and can be neglectful or abusive to them. In these circumstances, the state may become involved and step into

Homosexual and Transsexual marriage has emerged a wedge in the partisan gap. On June 26th, 2015, the Supreme Court ruled gay marriage in all fifty states. As the laws have emerged, the rights of Gay and Lesbian parents have not advanced as rapidly. In jurisdictions where gay couples are not permitted to adopt, couples often decide one parent adopt or one parent conceives the child. The second parent then adopts the child by what is called second parent adoption. If the second parent doesn’t or cannot legal adopt the child they have no legal relationship with that child. This poses a problem if the child has fallen ill and needs a parent to make important life decisions or more commonly in break ups or divorce. If a separation occurs, it brings up other family court cases such as child custody and child support. If the parent has no legal relationship to the child, they in turn do not have any rights to child

(Ca. Penal Code section 272.) Now what, you may ask, is one’s “parental duty?” The question was raised in a lawsuit, predictably, and the California Supreme Court concluded that the term was not unconstitutionally vague or overbroad. Instead, the court noted that the duty to exercise reasonable care, supervision, protection, and control over minor children could be understood by referring to “common experiences of mankind.” (Williams v. Garcetti 5 Cal. 4th 561, 573 (1993).

Oliver and Erik were born and raised in a small town in Denmark. Friends since grade school, Oliver and Erik did everything together and continued to remain extremely close throughout high school and college. Oliver and Erik decided to profess their love for each other and began a relationship. As their relationship progressed, Oliver and Erik wanted to take the next step. Denmark has allowed same-sex civil unions since the 1980s, but same-sex marriage was illegal; although couples engaged in same-sex civil unions received nearly all of the same benefits and obligations of opposite-sex marriages. In 2012, Denmark passed legislation permitting same-sex couples to be legally married and naturally, the couple did so. Erik got an amazing job