Symposium: Abortion is still a fundamental right - SCOTUSblog

Is a Free Education a Fundamental Right? | HuffPost

Pain Management: A Fundamental Human Right | EDS …

For these reasons, it is not “within the competency of the state” to infringe the fundamental rights of marriage and the natural family. (Pierce v. Society of Sisters) It was to this jurisprudence that the Court referred in Loving v. Virginia when it struck down Virginia’s criminal prohibition against inter-racial marriage.

European Union Agency for Fundamental Rights | …

As Stoner observes, what we mean by “fundamental law” has changed since the time of the Founding. Yet as Glucksberg and the marriage cases demonstrate, the older strand of reasoning about fundamental law, firmly grounded in our conscience, traditions, and customs, persists in the Supreme Court’s fundamental rights jurisprudence, somewhat uncomfortably, alongside its better-known cousins, substantive due process doctrine and supremacy clause jurisprudence.

The Court did not invent this doctrine in the twentieth century. The common law’s superior legal norms, along with much of the customary law of England, were brought to the American colonies and formed the basis of our laws at the time of the Founding. Thus, divine and natural rights and duties, ancient customs general and local, and our written Constitution, together formed our fundamental law.


Symposium: Abortion is still a fundamental right - …

Like the rights to life, liberty, and property, which Seagrave affirms, the right of marriage is a so-called negative right—a liberty secured against outside interference by a perimeter of claim rights. It correlates with the duty of those outside the natural family, including the state, to abstain from interfering with marital and parental rights and duties, absent an adjudication of divorce, neglect, or abuse.

Right to Privacy a Fundamental Right, Says Supreme …

This liberty is fundamental because it secures a complex of jural relations—rights and duties of the natural family—that are part of our fundamental law. It is truly a right, for it is pre-political, and it imposes upon the state a duty of abstention. In assessing its legitimacy, one should examine its operation as a conclusive reason within law and the lineage of the right within fundamental law—in other words, the legal authority by which it is settled and specified.

European Union Agency for Fundamental Rights | Helping …

Whether or not Locke would approve of it, there is a fundamental marriage right. It is ancient, not recent. And it secures the integrity of the natural family. Seagrave’s resistance to the , which secures what Justice Brandeis called “conditions favorable to the pursuit of happiness,” is laudable. But his proposal to dispose of the Court’s marriage jurisprudence would throw the baby—and the baby’s mother and father—out with the bathwater.

fundamental right to family integrity | Real Mommies …

Adam Seagrave recently . He criticized Supreme Court decisions to the contrary on Lockean grounds. Fundamental rights are rooted in self-ownership, Seagrave argues, and are therefore inherently individual rights. The right to marry is not an individual right, is relatively new, and is inconsistent with America’s political tradition.

There Is a Fundamental Right to Marriage, and We …

Whether or not Locke would approve of it, there is a fundamental marriage right. It is ancient, not recent, and it secures the integrity of the natural family. In fact, nothing is more fundamental to our legal edifice than the ancient liberty of the natural family.