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The Constitution protects the family — the right to marry, the right to raise children according to one's own values and faith, the right to make reproductive decisions without government coercion, and the right to family integrity free from unjustified state interference. These are not mere statutory protections but constitutional guarantees rooted in the substantive due process doctrine of the Fourteenth Amendment — and in the post-Dobbs era, understanding which of these guarantees survive and which face challenge requires complete mastery of the Glucksberg history-and-tradition framework.
The Constitutional Family and Reproductive Rights Warrior is Volume LVIII of Wayne Richard Evangelista's Constitutional Law Series, delivering the complete constitutional framework for family and reproductive rights.
Wayne Richard Evangelista covers: the fundamental right to direct children's upbringing from Meyer v. Nebraska and Pierce v. Society of Sisters through Troxel v. Granville's grandparent visitation holding; the right to marry from Loving v. Virginia through Zablocki v. Redhail, Turner v. Safley, and Obergefell v. Hodges; post-Dobbs reproductive liberty — which privacy rights survive under Glucksberg, which are threatened, and how to build the historical record for liberty claims that remain viable; parental rights in the child welfare system — the Santosky v. Kramer clear and convincing evidence standard, the Lassiter v. Department of Social Services right to counsel analysis, and the DeShaney state-created danger doctrine; the constitutional dimensions of assisted reproduction, surrogacy, and donor parentage; and the foster care and adoption constitutional framework including ICWA after Brackeen v. Haaland.
For family law practitioners, child welfare lawyers, and civil rights advocates who fight for constitutional family integrity, this is the essential guide.
The Constitutional Family and Reproductive Rights Warrior
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