michael
gerald
argued
october
decided
june
may
appellant
victoria
born
carole
married
resided
appellee
gerald
california
although
gerald
listed
father
birth
certificate
always
claimed
victoria
daughter
blood
tests
showed
probability
appellant
michael
carole
adulterous
affair
victoria
father
victoria
first
three
years
mother
resided
times
michael
held
times
another
man
times
gerald
lived
since
june
november
michael
filed
filiation
action
california
superior
establish
paternity
right
visitation
victoria
guardian
ad
litem
filed
asserting
entitled
maintain
filial
relationships
michael
gerald
ultimately
granted
gerald
summary
judgment
ground
triable
issues
fact
paternity
cal
evid
code
provides
child
born
married
woman
living
husband
neither
impotent
sterile
presumed
child
marriage
presumption
may
rebutted
husband
wife
limited
circumstances
moreover
denied
michael
victoria
motions
visitation
pending
appeal
cal
civ
code
provides
may
discretion
grant
reasonable
visitation
rights
person
interest
child
welfare
california
appeal
affirmed
rejecting
michael
procedural
substantive
due
process
challenges
well
victoria
due
process
equal
protection
claims
also
rejected
victoria
assertion
right
continued
visitation
michael
ground
california
law
denies
visitation
wishes
mother
putative
father
prevented
establishing
paternity
held
judgment
affirmed
cal
app
cal
rptr
affirmed
justice
scalia
joined
chief
justice
part
justice
justice
kennedy
concluded
presumption
infringe
upon
due
process
rights
man
wishing
establish
paternity
child
born
wife
another
man
pp
michael
contention
procedural
due
process
requires
afforded
opportunity
demonstrate
paternity
evidentiary
hearing
fundamentally
misconceives
nature
although
phrased
terms
presumption
expresses
implements
substantive
rule
law
declaring
generally
irrelevant
paternity
purposes
whether
child
conceived
born
existing
marriage
begotten
someone
husband
prior
relationship
based
state
legislature
determination
matter
overriding
social
policy
husband
held
responsible
child
integrity
privacy
family
unit
impugned
michael
complaint
statute
categorically
denies
men
circumstances
opportunity
establish
paternity
challenge
accurately
viewed
procedural
pp
merit
michael
substantive
due
process
claim
constitutionally
protected
liberty
interest
parental
relationship
established
victoria
protection
gerald
carole
marital
union
insufficient
state
interest
support
termination
relationship
michael
failed
meet
burden
proving
claimed
liberty
interest
one
deeply
imbedded
within
society
traditions
fundamental
right
failed
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interest
seeks
vindicate
traditionally
accorded
protection
society
presumption
legitimacy
even
modern
statutory
decisional
law
demonstrate
society
historically
protected
continues
protect
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family
sort
claim
michael
asserts
pp
presumption
infringe
upon
constitutional
right
child
maintain
relationship
natural
father
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assertion
due
process
right
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filial
relationships
michael
gerald
best
obverse
michael
claim
fails
reasons
merit
claim
equal
protection
rights
violated
unlike
mother
presumed
father
opportunity
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presumption
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since
state
decision
treat
differently
parents
pursues
legitimate
end
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disruption
otherwise
peaceful
union
rational
means
allowing
anyone
husband
wife
contest
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pp
justice
stevens
although
concluding
natural
father
might
constitutionally
protected
interest
relationship
child
whose
mother
married
cohabiting
another
man
time
child
conception
birth
also
concluded
california
statutory
scheme
applied
case
consistent
due
process
clause
since
deprive
michael
fair
opportunity
prove
person
interest
welfare
child
reasonable
visitation
rights
may
awarded
trial
judge
discretion
plurality
interpretation
creating
absolute
bar
determination
unnatural
reading
statute
plain
language
also
consistent
reading
given
courts
california
courts
cases
deciding
presumption
barred
natural
father
proving
paternity
nevertheless
gone
consider
separate
question
whether
proper
allow
natural
father
visitation
person
based
best
interests
child
circumstances
particular
case
record
shows
shaky
start
marriage
carole
gerald
developed
stability
provides
victoria
loving
harmonious
family
home
nothing
fundamentally
unfair
trial
judge
exercise
discretion
allow
mother
decide
whether
child
best
interests
served
allowing
natural
father
visitation
privileges
pp
robert
boraks
argued
cause
appellants
briefs
appellant
michael
george
kaufmann
ronald
henry
paul
taskier
joel
aaronson
leslie
ellen
shear
filed
briefs
appellant
victoria
larry
hoffman
argued
cause
appellee
brief
glen
schwartz
michael
oddenino
filed
brief
national
council
children
rights
amicus
curiae
urging
reversal
paul
hoffman
joan
howarth
john
powell
helen
hershkoff
steven
shapiro
isabelle
katz
pinzler
filed
brief
american
civil
liberties
union
foundation
et
al
amici
curiae
justice
scalia
announced
judgment
delivered
opinion
chief
justice
joins
justice
justice
kennedy
join
california
law
child
born
married
woman
living
husband
presumed
child
marriage
cal
evid
code
ann
west
supp
presumption
legitimacy
may
rebutted
husband
wife
limited
circumstances
ibid
instant
appeal
presents
claim
presumption
infringes
upon
due
process
rights
man
wishes
establish
paternity
child
born
wife
another
man
claim
infringes
upon
constitutional
right
child
maintain
relationship
natural
father
facts
case
must
hope
extraordinary
may
las
vegas
nevada
carole
international
model
gerald
top
executive
french
oil
company
married
couple
established
home
playa
del
rey
california
resided
husband
wife
one
country
business
summer
carole
became
involved
adulterous
affair
neighbor
michael
september
conceived
child
victoria
born
may
gerald
listed
father
birth
certificate
always
held
victoria
world
daughter
soon
delivery
child
however
carole
informed
michael
believed
might
father
first
three
years
life
victoria
remained
always
carole
found
within
variety
units
october
gerald
moved
new
york
city
pursue
business
interests
carole
chose
remain
california
end
month
carole
michael
blood
tests
victoria
showed
probability
michael
victoria
father
january
carole
visited
michael
thomas
primary
business
interests
based
michael
held
victoria
child
march
however
carole
left
michael
returned
california
took
residence
yet
another
man
scott
later
spring
summer
carole
victoria
spent
time
gerald
new
york
city
well
vacation
europe
fall
returned
scott
california
november
rebuffed
attempts
visit
victoria
michael
filed
filiation
action
california
superior
establish
paternity
right
visitation
march
appointed
attorney
guardian
ad
litem
represent
victoria
interests
victoria
filed
asserting
one
psychological
de
facto
father
entitled
maintain
filial
relationship
attendant
rights
duties
obligations
may
carole
filed
motion
summary
judgment
period
march
july
carole
living
gerald
new
york
august
however
returned
california
became
involved
michael
instructed
attorneys
remove
summary
judgment
motion
calendar
ensuing
eight
months
michael
thomas
lived
carole
victoria
carole
apartment
los
angeles
held
victoria
daughter
april
carole
michael
signed
stipulation
michael
victoria
natural
father
carole
left
michael
next
month
however
instructed
attorneys
file
stipulation
june
carole
reconciled
gerald
joined
new
york
live
victoria
two
children
since
born
marriage
may
michael
victoria
guardian
ad
litem
sought
visitation
rights
michael
pendente
lite
assist
determining
whether
visitation
victoria
best
interests
superior
appointed
psychologist
evaluate
victoria
gerald
michael
carole
psychologist
recommended
carole
retain
sole
custody
michael
allowed
continued
contact
victoria
pursuant
restricted
visitation
schedule
concurred
ordered
michael
provided
limited
visitation
privileges
pendente
lite
october
gerald
intervened
action
moved
summary
judgment
ground
cal
evid
code
triable
issues
fact
victoria
paternity
law
provides
issue
wife
cohabiting
husband
impotent
sterile
conclusively
presumed
child
marriage
cal
evid
code
ann
west
supp
presumption
may
rebutted
blood
tests
motion
tests
made
within
two
years
date
child
birth
either
husband
natural
father
filed
affidavit
acknowledging
paternity
wife
january
found
affidavits
submitted
carole
gerald
sufficed
demonstrate
two
cohabiting
conception
birth
gerald
neither
sterile
impotent
superior
granted
gerald
motion
summary
judgment
rejecting
michael
victoria
challenges
constitutionality
also
denied
motions
continued
visitation
pending
appeal
cal
civ
code
provides
may
discretion
grant
reasonable
visitation
rights
person
interest
welfare
child
cal
civ
code
ann
west
supp
found
allowing
visitation
violat
intention
legislature
impugning
integrity
family
unit
supp
app
juris
statement
appeal
michael
asserted
inter
alia
superior
application
violated
procedural
substantive
due
process
rights
victoria
also
raised
due
process
challenge
statute
seeking
preserve
de
facto
relationship
michael
well
gerald
contended
addition
allows
husband
least
limited
extent
mother
child
rebut
presumption
legitimacy
violates
child
right
equal
protection
finally
asserted
right
continued
visitation
michael
submission
briefs
hearing
california
appeal
affirmed
judgment
superior
upheld
constitutionality
statute
cal
app
cal
rptr
interpreted
judgment
moreover
denied
permanent
visitation
rights
regarding
implication
superior
reliance
upon
upon
earlier
california
case
vincent
joan
cal
app
cal
rptr
appeal
dism
held
assertion
biological
paternity
determined
legally
impossible
visitation
wishes
mother
denied
cal
app
cal
appeal
denied
michael
victoria
petitions
rehearing
july
california
denied
discretionary
review
february
noted
probable
jurisdiction
present
appeal
us
michael
victoria
raise
equal
protection
due
process
challenges
reach
michael
equal
protection
claim
however
neither
raised
passed
upon
see
bankers
life
casualty
crenshaw
ii
california
statute
subject
litigation
substance
century
old
california
code
civ
proc
enacted
provided
issue
wife
cohabiting
husband
impotent
indisputably
presumed
legitimate
legislature
amended
statute
adding
preface
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law
cal
ch
california
evidence
code
adopted
statute
codified
substantive
change
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word
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ch
pp
california
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ch
pp
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cal
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code
ann
et
seq
west
amended
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ch
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ch
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upon
blood
tests
performed
pursuant
chapter
commencing
section
division
husband
father
child
question
paternity
husband
shall
resolved
accordingly
notice
motion
blood
tests
subdivision
may
raised
husband
later
two
years
child
date
birth
notice
motion
blood
tests
subdivision
may
raised
mother
child
later
two
years
child
date
birth
child
biological
father
filed
affidavit
acknowledging
paternity
child
provisions
subdivision
shall
apply
case
coming
within
provisions
section
civil
code
dealing
artificial
insemination
case
wife
consent
husband
conceived
means
surgical
procedure
iii
address
first
claims
michael
outset
necessary
clarify
sought
denied
california
law
like
nature
makes
provision
dual
fatherhood
michael
seeking
declared
father
victoria
immediate
benefit
evidently
sought
obtain
status
visitation
rights
see
cal
civ
code
ann
west
parent
statutory
right
visitation
unless
shown
visitation
detrimental
best
interests
child
michael
successful
declared
father
rights
follow
importantly
right
considered
parent
custody
cal
civ
code
ann
west
status
embrace
sum
parental
rights
respect
rearing
child
including
child
care
right
child
services
earnings
right
direct
child
activities
right
make
decisions
regarding
control
education
health
child
right
well
duty
prepare
child
additional
obligations
includes
teaching
moral
standards
religious
beliefs
elements
good
citizenship
california
family
law
markey
ed
footnotes
omitted
parental
rights
including
visitation
automatically
denied
denying
michael
status
father
cal
civ
code
ann
places
within
discretionary
power
award
visitation
rights
nonparent
superior
affirmed
appeal
held
california
law
denies
visitation
wishes
mother
putative
father
prevented
establishing
paternity
see
cal
app
cal
citing
vincent
joan
cal
app
cal
michael
raises
two
related
challenges
constitutionality
first
asserts
requirements
procedural
due
process
prevent
state
terminating
liberty
interest
relationship
child
without
affording
opportunity
demonstrate
paternity
evidentiary
hearing
believe
claim
derives
fundamental
misconception
nature
california
statute
phrased
terms
presumption
rule
evidence
implementation
substantive
rule
law
california
declares
except
limited
circumstances
irrelevant
paternity
purposes
whether
child
conceived
born
existing
marriage
begotten
someone
husband
prior
relationship
appeal
phrased
conclusive
presumption
actually
substantive
rule
law
based
upon
determination
legislature
matter
overriding
social
policy
given
certain
relationship
husband
wife
husband
held
responsible
child
integrity
family
unit
impugned
cal
app
cal
quoting
vincent
joan
supra
cal
struck
illegitimate
certain
irrebuttable
presumptions
see
stanley
illinois
vlandis
kline
cleveland
board
education
lafleur
holdings
however
rest
upon
procedural
due
process
conclusive
presumption
course
foreclose
person
invoked
demonstrating
particularized
proceeding
applying
presumption
fact
lawful
governmental
policy
presumption
designed
effectuate
said
legal
rule
establishes
general
classifications
whether
framed
terms
presumption
respect
difference
rule
says
marital
husband
shall
irrebuttably
presumed
father
rule
says
adulterous
natural
father
shall
recognized
legal
father
rules
deny
someone
michael
situation
hearing
whether
particular
circumstances
case
california
policies
best
served
giving
parental
rights
thus
many
commentators
observed
see
bezanson
thoughts
emerging
irrebuttable
presumption
doctrine
ind
rev
nowak
realigning
standards
review
equal
protection
guarantee
prohibited
neutral
permissive
classifications
geo
note
irrebuttable
presumptions
illusory
analysis
stan
rev
note
irrebuttable
presumption
doctrine
harv
rev
irrebuttable
presumption
cases
must
ultimately
analyzed
calling
question
adequacy
procedures
like
cases
involving
classifications
framed
terms
see
craig
boren
carrington
rash
adequacy
fit
classification
policy
classification
serves
see
lafleur
supra
powell
concurring
result
vlandis
supra
white
concurring
rehnquist
dissenting
weinberger
salfi
therefore
reject
michael
procedural
due
process
challenge
proceed
substantive
claim
michael
contends
matter
substantive
due
process
established
parental
relationship
victoria
protection
gerald
carole
marital
union
insufficient
state
interest
support
termination
relationship
argument
course
predicated
assertion
michael
constitutionally
protected
liberty
interest
relationship
victoria
established
part
constitutional
jurisprudence
term
liberty
due
process
clause
extends
beyond
freedom
physical
restraint
see
pierce
society
sisters
meyer
nebraska
without
core
textual
meaning
limitation
defining
scope
due
process
clause
times
treacherous
field
giving
reason
concern
lest
limits
judicial
intervention
become
predilections
happen
time
members
moore
east
cleveland
need
restraint
cogently
expressed
justice
white
ample
precedent
creation
new
constitutional
rights
lead
repeat
process
judiciary
including
vulnerable
comes
nearest
illegitimacy
deals
constitutional
law
little
cognizable
roots
language
even
design
constitution
realizing
present
construction
due
process
clause
represents
major
judicial
gloss
terms
well
anticipation
framers
extremely
reluctant
breathe
still
substantive
content
due
process
clause
strike
legislation
adopted
state
city
promote
welfare
whenever
judiciary
unavoidably
another
part
governance
country
without
express
constitutional
authority
moore
supra
dissenting
opinion
insistence
asserted
liberty
interest
rooted
history
tradition
evident
elsewhere
cases
according
constitutional
protection
certain
parental
rights
michael
reads
landmark
case
stanley
illinois
subsequent
cases
quilloin
walcott
caban
mohammed
lehr
robertson
establishing
liberty
interest
created
biological
fatherhood
plus
established
parental
relationship
factors
exist
present
case
well
think
distorts
rationale
cases
view
rest
upon
isolated
factors
upon
historic
respect
indeed
sanctity
strong
term
traditionally
accorded
relationships
develop
within
unitary
family
see
stanley
supra
quilloin
supra
caban
supra
lehr
supra
stanley
example
forbade
destruction
family
upon
death
mother
state
sought
remove
children
custody
father
lived
supported
mother
years
justice
powell
stated
plurality
moore
east
cleveland
supra
decisions
establish
constitution
protects
sanctity
family
precisely
institution
family
deeply
rooted
nation
history
tradition
thus
legal
issue
present
case
reduces
whether
relationship
persons
situation
michael
victoria
treated
protected
family
unit
historic
practices
society
whether
basis
accorded
special
protection
think
impossible
find
fact
quite
contrary
traditions
protected
marital
family
gerald
carole
child
acknowledge
sort
claim
michael
asserts
presumption
legitimacy
fundamental
principle
common
law
nicholas
adulturine
bastardy
traditionally
presumption
rebutted
proof
husband
incapable
procreation
access
wife
relevant
period
citing
bracton
de
legibus
et
consuetudinibus
angliae
bk
ch
bk
ii
ch
ch
explained
blackstone
nonaccess
proved
husband
kingdom
england
law
somewhat
loosely
phrases
extra
quatuor
maria
beyond
four
seas
nine
months
blackstone
commentaries
chitty
ed
common
law
england
neither
husband
wife
witness
prove
access
nonaccess
schouler
law
domestic
relations
ed
graveson
crane
century
family
law
primary
policy
rationale
underlying
common
law
severe
restrictions
rebuttal
presumption
appears
aversion
declaring
children
illegitimate
see
schouler
supra
grossberg
governing
hearth
thereby
depriving
rights
inheritance
succession
kent
commentaries
american
law
likely
making
wards
state
secondary
policy
concern
interest
promoting
peace
tranquillity
families
schouler
supra
quoting
boullenois
traite
des
status
bk
goal
obviously
impaired
facilitating
suits
husband
wife
asserting
children
illegitimate
even
though
bastardy
laws
became
less
harsh
udges
england
gradually
widened
acceptable
range
evidence
offered
spouses
placed
restraints
four
seas
rule
law
retained
strong
bias
ruling
children
married
women
illegitimate
grossberg
supra
found
nothing
older
sources
older
cases
addressing
specifically
power
natural
father
assert
parental
rights
child
born
woman
existing
marriage
another
man
since
michael
burden
establish
power
least
natural
father
established
relationship
child
deeply
embedded
within
traditions
fundamental
right
lack
evidence
alone
might
defeat
case
evidence
shows
even
modern
times
noted
rigid
protection
marital
family
respects
relaxed
ability
person
michael
position
claim
paternity
generally
acknowledged
example
annotation
subject
may
dispute
presumption
legitimacy
child
conceived
born
wedlock
shows
three
including
california
statutes
limiting
standing
husband
wife
descendants
one
state
louisiana
statute
limiting
husband
two
florida
texas
judicial
decisions
limiting
standing
husband
two
illinois
new
york
judicial
decisions
denying
standing
even
mother
single
decision
set
forth
specifically
according
standing
natural
father
express
indications
nonexistence
limitation
upon
standing
found
jurisdictions
moreover
even
clear
one
michael
position
generally
possesses
generally
always
possessed
standing
challenge
marital
child
legitimacy
still
establish
michael
case
noted
earlier
issue
entitlement
state
pronouncement
victoria
begotten
michael
conceivable
denial
constitutional
right
state
decline
declare
facts
unless
legal
consequence
hinges
upon
requested
declaration
michael
asserts
right
declared
natural
father
thereby
obtain
parental
prerogatives
must
establish
therefore
society
traditionally
allowed
natural
father
circumstances
establish
paternity
traditionally
accorded
father
parental
rights
least
traditionally
denied
even
law
always
entire
world
challenge
marital
presumption
obtain
declaration
natural
father
advance
michael
claim
thus
ultimately
irrelevant
even
purposes
determining
current
social
attitudes
towards
alleged
substantive
right
michael
asserts
present
law
number
appears
allow
natural
father
including
natural
father
established
relationship
child
theoretical
power
rebut
marital
presumption
see
note
rebutting
marital
presumption
developed
relationship
test
counts
whether
fact
award
substantive
parental
rights
natural
father
child
conceived
within
born
extant
marital
union
wishes
embrace
child
aware
single
case
old
new
done
stuff
fundamental
rights
qualifying
liberty
interests
made
lehr
robertson
case
involving
natural
father
attempt
block
child
adoption
unwed
mother
new
husband
observed
significance
biological
connection
offers
natural
father
opportunity
male
possesses
develop
relationship
offspring
assumed
constitution
might
require
protection
opportunity
however
child
born
extant
marital
family
natural
father
unique
opportunity
conflicts
similarly
unique
opportunity
husband
marriage
unconstitutional
state
give
categorical
preference
latter
lehr
quoted
approvingly
justice
stewart
dissent
caban
mohammed
effect
although
circumstances
actual
relationship
father
child
may
suffice
create
unwed
father
parental
interests
comparable
married
father
absence
legal
tie
mother
may
circumstances
appropriately
place
limit
whatever
substantive
constitutional
claims
might
otherwise
exist
accord
traditions
limit
also
imposed
circumstance
mother
time
child
conception
birth
married
cohabitating
another
man
wish
raise
child
offspring
union
question
legislative
policy
constitutional
law
whether
california
allow
presumed
parenthood
couple
desiring
retain
child
conceived
within
born
marriage
rebutted
accept
justice
brennan
criticism
result
squashes
liberty
consists
freedom
conform
post
seems
us
reflects
erroneous
view
one
side
controversy
one
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expand
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contracting
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choice
rarely
available
provide
protection
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father
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protection
marital
father
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versa
michael
freedom
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means
gerald
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pay
price
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michael
unable
act
father
child
adulterously
begotten
gerald
unable
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integrity
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family
unit
victoria
established
disposition
choose
two
freedoms
leaves
people
california
justice
brennan
approach
chooses
one
constitutional
imperative
apparent
basis
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preferred
iv
never
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whether
child
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interest
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parent
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need
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right
exists
victoria
claim
must
fail
victoria
due
process
challenge
anything
weaker
michael
basic
claim
california
erred
preventing
establishing
michael
gerald
stand
legal
father
rather
claims
due
process
right
maintain
filial
relationships
michael
gerald
assertion
merits
little
discussion
whatever
merits
guardian
ad
litem
belief
arrangement
great
psychological
benefit
child
claim
state
must
recognize
multiple
fatherhood
support
history
traditions
country
moreover
even
construe
victoria
argument
forwarding
lesser
proposition
whatever
status
gerald
liberty
interest
maintaining
filial
relationship
natural
father
michael
find
best
claim
obverse
michael
fails
reasons
victoria
claims
addition
equal
protection
rights
violated
unlike
mother
presumed
father
opportunity
rebut
presumption
legitimacy
find
argument
wholly
without
merit
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outset
victoria
suggestion
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protection
challenge
must
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standard
strict
scrutiny
denying
right
maintain
filial
relationship
michael
state
discriminating
basis
illegitimacy
see
gomez
perez
illegitimacy
legal
construct
natural
trait
california
law
victoria
illegitimate
treated
manner
legitimate
children
entitled
maintain
filial
relationship
legal
parents
apply
therefore
ordinary
rational
relationship
test
victoria
equal
protection
challenge
primary
rationale
underlying
limitation
may
rebut
presumption
legitimacy
concern
allowing
persons
husband
wife
may
undermine
integrity
marital
union
husband
wife
contests
legitimacy
child
stability
marriage
already
shaken
contrast
allowing
claim
illegitimacy
pressed
child
accurately
guardian
ad
litem
may
well
disrupt
otherwise
peaceful
union
since
pursues
legitimate
end
rational
means
california
decision
treat
victoria
differently
parents
denial
equal
protection
judgment
california
appeal
affirmed
footnotes
understand
justice
brennan
mind
interest
society
traditionally
thought
important
without
protecting
post
protection
need
take
form
explicit
constitutional
provision
statutory
guarantee
must
least
exclude
necessary
decide
present
case
societal
tradition
enacting
laws
denying
interest
understand
practice
limiting
due
process
clause
traditionally
protected
interests
turns
clause
redundancy
post
purpose
prevent
future
generations
lightly
casting
aside
important
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values
enable
invent
new
ones
justice
brennan
asserts
pinched
conception
family
exclude
michael
carole
victoria
protection
post
disagree
family
unit
accorded
traditional
respect
society
referred
unitary
family
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course
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family
also
includes
household
unmarried
parents
children
perhaps
concept
expanded
even
beyond
bear
resemblance
traditionally
respected
relationships
thus
cease
constitutional
significance
stretched
far
include
relationship
established
married
woman
lover
child
sojourn
thomas
subsequent
period
happened
los
angeles
stayed
child
justice
brennan
insists
determining
whether
liberty
interest
exists
must
look
michael
relationship
victoria
isolation
without
reference
circumstance
victoria
mother
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else
child
conceived
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wish
raise
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see
post
imagine
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assertedly
subject
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interest
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effect
upon
people
rather
like
inquiring
whether
liberty
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firing
gun
case
hand
happens
involve
discharge
another
person
body
logic
justice
brennan
position
leads
conclusion
michael
begotten
victoria
rape
fact
way
affect
possession
liberty
interest
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according
justice
brennan
michael
claim
order
prevail
need
claim
substantive
right
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parental
relationship
victoria
merely
right
hearing
issue
paternity
post
michael
challenge
depend
told
ability
ultimately
obtain
visitation
rights
post
sure
depend
upon
ability
ultimately
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rights
surely
depends
upon
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claim
rights
precisely
justice
brennan
denies
grasp
concept
right
hearing
part
person
claims
substantive
entitlement
hearing
assertedly
vindicate
justice
brennan
criticized
methodology
using
historical
traditions
specifically
relating
rights
adulterous
natural
father
rather
inquiring
generally
whether
parenthood
interest
historically
received
attention
protection
post
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us
basis
contention
methodology
nove
post
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bowers
hardwick
noted
time
fourteenth
amendment
ratified
criminal
sodomy
laws
laws
prior
district
columbia
continued
concluded
record
regarding
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aspect
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right
engage
conduct
deeply
rooted
nation
history
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ordered
liberty
best
facetious
roe
wade
spent
fifth
opinion
negating
proposition
longstanding
tradition
laws
proscribing
abortion
understand
rejected
focus
upon
societal
tradition
regarding
natural
father
rights
child
whose
mother
married
another
man
justice
brennan
choose
focus
instead
upon
parenthood
relevant
category
even
general
perhaps
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relationships
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relationships
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basis
level
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select
refer
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level
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way
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father
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fathers
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specific
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one
think
justice
brennan
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ven
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family
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selecting
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fact
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case
justice
brennan
opinion
justice
opinion
post
disapproves
appeal
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select
reach
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leaving
judges
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decide
think
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rule
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law
finally
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note
analysis
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result
cases
griswold
connecticut
eisenstadt
baird
none
cases
acknowledged
longstanding
still
extant
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right
pronounced
subject
liberty
interest
rejected
justice
brennan
must
case
existence
tradition
continuing
present
day
refutes
possible
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alleged
right
rooted
traditions
conscience
people
ranked
fundamental
snyder
massachusetts
alr
implicit
concept
ordered
liberty
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connecticut
justice
brennan
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us
thus
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husband
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michael
victoria
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parentage
part
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father
michael
situation
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parents
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extended
holding
broadly
justice
justice
kennedy
joins
concurring
part
concur
justice
scalia
opinion
sketches
mode
historical
analysis
used
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interests
protected
due
process
clause
fourteenth
amendment
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decisions
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griswold
connecticut
eisenstadt
baird
occasion
characterized
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levels
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ullman
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stevens
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judgment
understand
case
raises
two
different
questions
validity
california
statutory
scheme
first
cal
evid
code
ann
west
supp
unconstitutional
prevents
michael
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judicial
determination
biological
father
even
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affected
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second
california
statute
deny
appellants
fair
opportunity
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interests
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robertson
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agree
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scalia
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reject
possibility
natural
father
might
ever
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interest
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whose
mother
married
cohabiting
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man
time
child
conception
birth
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cases
like
stanley
illinois
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enduring
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case
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code
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west
supp
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person
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cal
app
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rptr
appeal
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california
appeal
deciding
presumption
barred
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michael
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case
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judge
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end
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mother
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whether
child
best
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served
allowing
natural
father
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privileges
convinced
trial
judge
authority
state
law
hear
michael
plea
visitation
rights
grant
rights
victoria
best
interests
warranted
satisfied
california
statutory
scheme
consistent
due
process
clause
fourteenth
amendment
therefore
concur
judgment
affirmance
cases
showing
california
courts
willingness
decide
cases
basis
see
michelle
ronald
cal
app
dism
lisa
cal
cert
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sub
nom
porzuczek
towner
justice
brennan
justice
marshall
justice
blackmun
join
dissenting
case
yielded
many
opinions
one
fruitful
begin
emphasizing
common
ground
shared
majority
five
members
refuse
foreclose
possibility
natural
father
might
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protected
interest
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child
whose
mother
married
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another
man
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conception
birth
ante
stevens
concurring
judgment
see
infra
post
white
dissenting
five
justices
agree
flaw
inhering
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infra
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white
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ante
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concurring
judgment
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members
agree
michael
liberty
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ante
stevens
concurring
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michael
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last
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california
law
husband
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test
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child
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wife
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present
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conclusive
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california
courts
began
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child
father
jackson
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cal
california
legislature
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tests
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years
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