Case Studies and Examples

In Troxel v. Granville, the Supreme Court held that the state's interference with a parent's fundamental right to make decisions concerning the care, custody, and control of their children must be supported by a compelling state interest and must be narrowly tailored to achieve that interest. The Court found that the state's interest in protecting the welfare of children was compelling, but that the statute in question was not narrowly tailored to achieve that interest.

In Stanley v. Illinois, the Supreme Court held that the state's denial of a hearing to an unwed father on his fitness as a parent violated the Due Process Clause of the Fourteenth Amendment. The Court found that the state's interest in protecting the welfare of children was not sufficient to justify the denial of a hearing to the father.

In Lehr v. Robertson, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment does not prohibit parents from using corporal punishment on their children. The Court found that the state's interest in protecting children from abuse was not sufficient to justify a ban on corporal punishment.

In Wisconsin v. Yoder, the Supreme Court held that the Free Exercise Clause of the First Amendment protects the right of parents to homeschool their children. The Court found that the state's interest in ensuring that children receive a quality education was not sufficient to justify a ban on homeschooling.

In Obergefell v. Hodges, the Supreme Court held that the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment guarantee the right of same-sex couples to marry. The Court found that the state's interest in promoting traditional marriage was not sufficient to justify a ban on same-sex marriage.

In Fulton v. City of Philadelphia, the Supreme Court held that the City of Philadelphia cannot exclude religious organizations from its foster care program because doing so violates the Free Exercise Clause of the First Amendment. The Court found that the City's interest in ensuring that children in foster care are placed in safe and loving homes was not sufficient to justify excluding religious organizations from the program.

In Brackeen v. Haaland, the Supreme Court held that the ICWA is constitutional. The Court found that the ICWA's purpose of promoting the stability and security of Indian tribes and families is a compelling government interest and that the ICWA is narrowly tailored to achieve that interest.

In Dobbs v. Jackson Women's Health Organization, the Supreme Court held that the right to abortion is not protected by the Constitution. The Court found that the Due Process Clause of the Fourteenth Amendment does not create a right to abortion and that the Equal Protection Clause of the Fourteenth Amendment does not prohibit states from regulating abortion.

In Moore v. Harper, the Supreme Court held that state legislatures have the power to override state courts in federal elections. The Court found that the Elections Clause of the Constitution gives state legislatures the exclusive power to regulate federal elections.

In Kennedy v. Bremerton School District, the Supreme Court held that public school teachers have the right to pray on school grounds. The Court found that the Free Exercise Clause of the First Amendment protects the right of teachers to engage in private religious expression, even on school grounds.

In Carson v. Makin, the Supreme Court held that states can use public funds to pay for religious schools. The Court found that the Free Exercise Clause of the First Amendment prohibits states from discriminating against religious schools in the distribution of public funds.

In Shurtleff v. Boston, the Supreme Court held that the City of Boston can fly the Christian flag on its flagpole. The Court found that the Free Speech Clause of the First Amendment protects the City's right to display the flag, even if it is a religious symbol.

In 303 Creative LLC v. Elenis, the Supreme Court held that businesses can refuse to serve customers based on their religious beliefs. The Court found that the Free Speech Clause of the First Amendment protects the right of businesses to express their religious beliefs, even if it means refusing to serve customers.

In Moore v. Harper, the Supreme Court held that state legislatures have the power to override state courts in federal elections. The Court found that the Elections Clause of the Constitution gives state legislatures the exclusive power to regulate federal elections.