A Voice for Choice Advocacy weighed in on a Parental Rights case, In re C.J.C., Relator, that is before the Texas Supreme Court, and could be on its way to the U.S. Supreme Court.

 

Troxel v. Granville, 530 U.S. 57 (2000) was the last time parental rights came before the U.S. Supreme Court in which a divided plurality held that parental rights are “perhaps the oldest of the fundamental liberty interests recognized by this Court.”  Justice Thomas, in his concurring opinion, stated, “But curiously, none of [his colleagues] articulates the appropriate standard of review."  Justice Thomas went on to state that strict scrutiny should apply to infringements of the right to parent.

 

Troxel v. Granville was one of the key cases A Voice for Choice relied on in their lawsuit against SB277.  However, the state of the law is unclear.  Some states apply Troxel to grant strong protection for parental rights, while other states, like California, do not give much credence to the notion of parental rights.  For these reasons, many of us have sought to clarify the Troxel decision.  If strong parental rights were the law of the land, our SB 277 lawsuits would have likely been successful.  We agree with Justice Thomas that a “fundamental right” has to have clear legal protections.

 

Our lawyers, including Brad Hakala, who was the key lawyer in our SB277 case and saw firsthand the confusion around the Troxel decision, have submitted a key amicus brief in the Texas Supreme Court on behalf of A Voice for Choice Advocacy, and all of you who support parental rights.

 

If this case makes it to the Supreme Court (or if the Texas Supreme Court issues a clear ruling), it could be a game-changer for the parental rights issue in California.  In re CJC would allow the Supreme Court to clear up that confusion once and for all, by re-establishing strict-scrutiny protection for parental rights in all 50 states.  But first we have to get past the hurdle in Texas, which is where we submitted our Amicus Brief (attached).

 

A Voice for Choice Advocacy cannot do this crucial work without your support.  If you appreciate the work A Voice for Choice Advocacy is doing, please support us by making a donation today.

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Thanks and Happy Holidays!

C

Christina Hildebrand

President/Founder

A Voice for Choice Advocacy, Inc.

www.avoiceforchoiceadvocacy.org

408 835 9353

Giving issues a voice, A Voice for Choice Advocacy advocates for people’s rights to be fully xxxxxxrmed about the composition, quality, and short- and long-term health effects of all products that go into people’s bodies, such as food, water, air, pharmaceuticals and cosmetics.

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