European court asked to intervene after German mother jailed in sex ed row

Christian parents jailed

Parents Under Siege in Global Battle Against State Control of Children

German mother in prison over sex ed issue

ADF moves to have mother released from jail for keeping children from permissive German ‘sex education’ programs

Parent Jailed for Denying Kids ‘Sex Ed’ Classes

Pennsylvania court reviewing teen’s abortion case

MT: Bill would add parental control to sex education

Want to Opt-Out of Vaccinations Requirements? Explain your religion; 2 states consider legislation

SF May Ban Infant Circumcision

Parents sue Helena school district over sex indoctrination

Pharma company seeks over-the-counter Plan B access for minors

PG, other news organizations seek to unseal abortion case

PA: Teen “rights” to abortion in dispute

‘Death panels’: Canadian court rules baby’s life support removed against parents’ wishes

Taxpayers v. Public Teacher Unions: Wisconsin battle may have long term national implications

Ohio bill limits public employee unions

UK court mulls sterilizing mentally disabled woman

Shared parent rights challenged in Ohio top court

MT: Planned Parenthood Attacks the Parental Rights Amendment

Maryland to issue birth certificates naming lesbian partner as mom

Pro-family group puts pressure on European Court over notorious homeschooling case

Sweden: Social services snatch 2 girls from music class: ‘Psychological’ issues claimed while mother levels child trafficking accusation

OH: Lambda Legal argues former lesbian partner should have parental rights

Planned Parenthood’s Incoherent Response to Sex Trafficking Sting Video

Pennsylvania Supreme Court to review parental consent law after challenge

Canada: Parents of dying one-year-old fight hospital, courts to bring son home

Custody Dispute to be Decided by the New Hampshire Supreme Court

Pennsylvania Supreme Court Weighing Parental Consent Abortion Law

Legal Periodical: Naming Baby: The Constitutional Dimensions of Parental Naming Rights

    Larson, Carlton F. W., Naming Baby: The Constitutional Dimensions of Parental Naming Rights (January 25, 2011). UC Davis Legal Studies Research Paper No. 241. Available at SSRN: http://ssrn.com/abstract=1747858

    his Article provides the first comprehensive legal analysis of parents’ rights to name their own children. Currently, state laws restrict parental naming rights in a number of ways, from restrictions on particular surnames to restrictions on diacritical marks to prohibitions on obscenities, numerals, and pictograms. Yet state laws do not prohibit seemingly horrific names like “Adolf Hitler,” the name recently given to a New Jersey boy.

    This Article argues that state laws restricting parental naming rights are subject to strict scrutiny under both the Due Process Clause of the Fourteenth Amendment and the Free Speech Clause of the First Amendment. This Article concludes that although many restrictions are constitutional, prohibitions on diacritical marks, such as that employed by the state of California, are unconstitutional. If parents wish to name their child Lucía or José, they have a constitutional right to do so. Similarly, current laws restricting parental choice of surnames fail strict scrutiny. This Article also considers the constitutionality and desirability of statutory reforms that would address certain harmful names not prohibited by current law.

    Along the way, readers will encounter heavy metal bands with unusual umlauts, boys named Sue, the history of birth certificates, false implications of paternity, and dozens of truly awful, but very real, names given by parents to their children.


  • Posted: 01/31/2011
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  • Category: Marriage & Family
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  • Source: ssrn.com

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TN: Parents, community leaders against Planned Parenthood in Knox County Schools

Monroe County, NY wants condoms in high schools

Dad: Ex-wife too religiously extreme for son

Americans United opposes Speaker’s plan to give funding to D.C. religious schools

OR: Abuse case sparks a clash over limits of tough parenting

    Wall Street Journal: “News of the case spread through this state capital, sparking outrage. Yet one subset of the community sprang to the Kozlovs’ defense, holding demonstrations, filling the gallery at court hearings and flooding state officials with letters. Many of these supporters, Russian-born Christians like the Kozlovs themselves, believed the parents were disciplining their children according to Biblical law. In their view, the government was out to ‘destroy the family because of their faith,’ says Tatyana I. Bondarchuk, a counselor who helped brief authorities about the group.”


  • Posted: 01/24/2011
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  • Category: Marriage & Family
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  • Source: online.wsj.com

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Sweden: Father jailed for visit with son set free

Ruling may draw abortion-seeking teens to Ky.

Christian homeschooling family broken apart by NJ agency

KY Courier-Journal: General Assembly should resist efforts to restrict “portable abortion rights”

KY Court of Appeals: Nonresident minors can ask KY courts for abortion permission

New Hampshire to consider parental notification on abortion

Pa. district wants bus-stop evangelism put to end

EU study finds UK parents do the most to protect children online

Minneapolis school board passes stringent anti–gay bullying, pro-LGBT curriculum

U.S. court considers hardness Faith Defects of Education

HSLDA: “Immediate Action Requested: Letter-Writing Campaign for the Johansson Family”

NH man, ex-wife in home schooling legal battle

NH: Court asked to give up control of student’s religion

Joe Infranco: Mom’s homeschooling views work for her child but not for NH judge

NH Supreme Court hears homeschooler’s case

Homeschooling community grows beyond 2 million

3rd Circuit Advances Social Security Rights of Posthumously Conceived Offspring

NH Supreme Court to hear arguments in case of home-schooled girl Thursday

Over two million children homeschooled in U.S.

A Penn. push for parental involvement rights

Pennsylvania Supreme Court reviews abortion rules

Pennsylvania parental consent abortion law gets legal aid

“North Carolina ruling jeopardizes same-sex families”

Law Review: Is There a Right to Have Children? Substantive Due Process and Probation Conditions That Restrict Reproductive Rights

    Is There a Right to Have Children? Substantive Due Process and Probation Conditions That Restrict Reproductive Rights
    Joanna Nairn, 6 Stan. J. Civ. Rts. & Civ. Liberties 1 (2010)

    “This Article focuses on women who have been sentenced, as part of their probation, either to use specific forms of birth control or simply to avoid procreating. It begins by exploring the prevalence of these conditions, hampered by the difficulty in gathering data about probation conditions that are not appealed to higher courts. Using a combination of appellate opinions and reported trial court decisions, it notes that appellate courts have begun to break with the unanimous rejection of such conditions that characterized the first few decades of their reported use. Moreover, it highlights a pattern of appellate decisions that focus not on the constitutionality of these conditions but rather on their reasonableness in the particular case–a trend that has created inconsistency across courts. It then goes on to survey the Court’s substantive due process jurisprudence, noting the specificity with which the Court has defined protected rights and describing the three methods by which it deems rights fundamental. This Article also argues that it is likely that strict scrutiny would apply to probation conditions that restrict reproductive rights. Finally, it makes the case for invalidating such conditions under a strict scrutiny framework, arguing that the right implicated is fundamental and that there are less restrictive alternatives available.”


  • Posted: 12/29/2010
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  • Category: Sanctity of Life

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ADF attorneys, pro-life groups: Parental involvement more needed for abortions than for body piercings

Alaska governor wants court to reconsider teen abortion law

Mass. school requires permission slips for Pledge

NH Supreme Court vacates grandparent visit order

Law Review: Evidence for Homeschooling: Constitutional Analysis in Light of Social Science Research

    Evidence for Homeschooling: Constitutional Analysis in Light of Social Science Research
    Tanya K. Dumas, Sean Gatesm and Deborah R. Schwarzer 16 Widener L. Rev. 63 (2010)

    “Homeschooling is a time-honored and widespread practice. It often presents, however, a conflict between the constitutional right of parents to direct the education of their children and the State’s right to impose regulations in the interest of ensuring an educated citizenry. The Supreme Court has made it clear that any regulation impacting this constitutional right must be “reasonable.” The courts have therefore generally resolved homeschooling cases by examining whether state regulation of homeschooling places an unreasonable burden on the rights of parents. The courts, however, have altogether failed to address another, more fundamental question: whether the state regulation in fact advances the State interest. A regulation that fails this criterion cannot be ‘reasonable.’ Using the vehicle of a recent California appellate court case, in which the court initially upheld a regulation prohibiting parents from homeschooling their children unless they first obtained a state teaching credential, we show how recent social science research should impact the analysis. Instead of assuming away the issue of whether the regulation in fact advances the State interest, we show that this type of empirical research will allow courts to be able to answer this threshold question.”


  • Posted: 12/22/2010
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  • Category: Marriage & Family
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  • Source: ssrn.com

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Law Review: The Parent as (Mere) Educational Trustee

    The Parent as (Mere) Educational Trustee: Whose Education is it Anyway?
    Jeffrey Shulman, 89 Neb. L. Rev. 290 (2010)

    “The purpose of this Article is two-fold. First, the Article argues that the parent’s right to educate his or her children is strictly circumscribed by the parent’s duty to ensure that children learn habits of critical reasoning and reflection. The law has long recognized that the state’s duty to educate children is superior to any parental right . . .

    Second, the Article suggests that this trust principle–the notion that the parent’s educational authority is bound by the parent’s pedagogical duty– may, first, help us better understand the doctrinal modesty of the Court’s seminal ‘right to parent’ cases, and, second, help the courts approach some difficult types of cases in a more principled way, especially cases involving the allocation of educational authority in the public schools.”


  • Posted: 12/22/2010
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  • Category: Marriage & Family

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Same-sex couple adoption ruled invalid in North Carolina

All internet porn will be blocked to protect children, under UK government plan

Tell Sweden to quit punishing jailed dad

Alaska abortion notification law takes effect