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Equality and Liberty in the Golden Age of State Constitutional Law$
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Jeffrey M. Shaman

Print publication date: 2008

Print ISBN-13: 9780195334340

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195334340.001.0001

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Family Rights

Family Rights

Chapter:
(p.163) 5 Family Rights
Source:
Equality and Liberty in the Golden Age of State Constitutional Law
Author(s):

Jeffrey M. Shaman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195334340.003.0005

This chapter focuses on reproductive freedom and family relations, both of which are aspects of the right of privacy. Some states have interpreted their constitutions to embrace rights of reproductive autonomy beyond those recognized by the Supreme Court of the United States. States have departed from federal rulings to invalidate laws that restrict public funding for abortions, limit the right of minors to have an abortion, or require informed consent and waiting periods before a woman may have an abortion. In the area of family relations, some states have gone beyond federal rulings by holding that a man claiming to be the biological father of a child born to a woman married to another man has a constitutional right to establish his paternity. State courts have also extended the right of persons to live together as a family to persons who are not related by blood, marriage, or adoption.

Keywords:   reproductive freedom, abortion, parental rights, adoption, family cohabitation

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