Reply To: The Anti-Vaxxers are Causing a Chillul Hashem

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#1636792
doomsday
Participant

Ubiquiton: “Per the Constitution, ONLY Parents have the right to make decisions for their child”
I’m sorry, the constitution of what?
(The US constitution doesn’t discuss parental rights, are you referring to something else?)

The Supreme Court recognizes Parental Rights as part of the 14th Amendment. And that a parent may
not be deprived of his/her parental rights without Due Process (7th Amendment) and a Show of Unfitness.

Below SCOTUS said even if a Parental Decision involves RISK the State may not interfere!!! See below!
“Simply because the decision of a parent is not agreeable to a child or because it involves RISKS does not automatically transfer the power to make that decision from the parents to some agency or officer of the state”. US Supreme Court

More SCOTUS rulings upholding “fundamental” Parental rights to CARE for their children. Care means
to make DECISIONS for their children.
A parent’s right to care and companionship of his or her children are so fundamental, as to be guaranteed protection under the First, Ninth, and Fourteenth Amendments of the United States Constitution. J.S. and C., 324 A 2d 90; supra 129 NJ Super, at 489.

” It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder. . . It is in recognition of this that these decisions have respected the private realm of family life which the state cannot enter.” US Supreme Court

This ruling says the State cannot take away custody of children because of “best interest of the child” and MUST show Unfitness!
“We have recognized on numerous occasions that the relationship between parent and child is constitutionally protected. We have little doubt that the Due Process Clause would be offended “if a State were to attempt to force the breakup of a natural family, over the objections of the parents, without some showing of unfitness and for the sole reason that to do so was thought to be in the children’s best interest.” US Supreme Court

This SCOTUS ruling says PARENTS have a Fundamental Right to make DECISIONS for THEIR Children
“The liberty interest at issue in this case-the interest of parents in the care, custody, and control of their children-is perhaps the oldest of the fundamental liberty interests recognized by this Court… In light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the FUNDAMENTAL RIGHT OF PARENTS TO MAKE DECISIONS concerning the care, custody, and control of their children.” US Supreme Court

SCOTUS recognizes Constitutional Right of PERSONAL CHOICE regarding FAMILY Life!
“This Court has long recognized that FREEDOM OF PERSONAL CHOICE in matters of marriage and FAMILY LIFE is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment”. US Supreme Court

“The history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition. US Supreme Court

“Our decisions establish that the Constitution protects the sanctity of the family”
US Supreme Court

The Constitution DOES protect Parental Rights! Including the right to make Decisions for the child – even if those decisions involve some RISKS! Are you going to admit you were Wrong, Uniquitin?