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Old 09-20-2005, 02:56 PM
Chris Alger Chris Alger is offline
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Join Date: Sep 2002
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Default Re: Constiutional thought question

It would be unconstitutional under the due process clause of the 14th Amendment, the same provision under which federal courts review legislation regarding reproductive rights and privacy. You might ask what "due process of law" has to do with substantive rights to have children, get an abortion, buy contraceptives, or teach children German (as in Meyer v. Nebraska, 262 U.S. 390 (1923)). There's a convoluted history here, but the doctrine of "substantive due process" remains very real.
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