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The Journal of Contemporary Legal Issues

Abstract

The modern interest in the twin cases of Meyer v. Nebraska, and Pierce v. Society of Sisters has sparked a renewed curiosity in the intellectual foundations and current applicability of those two cases. In this instance, I stress less the constitutional underpinnings of the cases in order to focus more on their natural law approach to the parent-child relationship. Based on Lockean principles, I conclude that the standard rules of abuse and neglect offer the sole justification for such intervention, where the state is put to a high standard of proof for intervention. This framework has had only an erratic success in dealing with traditional cases where the state has exerted control over children in such situations as Gobitis, Barnette, Prince and Yoder. But it becomes most critical today in the current battle, headed for the Supreme Court in United States v. Skrmetti, where the question of abuse and neglect is central to the evaluation of so-called, but only by its supporters, “gender-affirming care.” Here, the stark differences in the views of the medical evidence calls for a close examination

Volume

26

Issue

1

Start Page

11

Faculty Editor

Maimon Schwarzschild

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