The rights of parents to the care, custody and
nurture of their children is of such character that it cannot be
denied without violating those fundamental principles of liberty and
justice which lie at the base of all our civil and political
institutions, and such right is a fundamental right protected by this
amendment (First) and Amendments 5, 9, and 14. Doe v. Irwin, 441 F
Supp 1247; U.S. D.C. of Michigan, (1985).
Though several states has no greater power to
restrain individual freedoms protected by the First Amendment than
does the Congress of the United States. Wallace v. Jaffree, 105 S Ct
2479; 472 US 38, (1985).
Loss of First Amendment Freedoms, for even
minimal periods of time, unquestionably constitutes irreparable
injury. Though First Amendment rights are not absolute, they may be
curtailed only by interests of vital importance, the burden of proving
which rests on their government. Elrod v. Burns, 96 S Ct 2673; 427 US
Law and court procedures that are "fair on their
faces" but administered "with an evil eye or a heavy hand" was
discriminatory and violates the equal protection clause of the
Amendment. Yick Wo v. Hopkins, 118 US 356, (1886).
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. In re:
J.S. and C., 324 A 2d 90; supra 129 NJ Super, at 489.
have been recognized as being "essential to the orderly pursuit of
happiness by free man." Meyer v. Nebraska, 262 or 426 US 390 ; 43 S Ct
The parent-child relationship is a liberty
interest protected by the Due Process Clause of the 14th Amendment.
Bell v. City of Milwaukee, 746 f 2d 1205, 1242-45; US Ct App 7th
Cir WI, (1985).
No bond is more precious and none should be more
zealously protected by the law as the bond between parent and child."
Carson v. Elrod, 411 F Supp 645, 649; DC E.D. VA (1976).
The right of a parent not to be deprived of
parental rights without a showing of fitness, abandonment or
substantial neglect is so fundamental and basic as to rank among the
rights contained in this Amendment (Ninth) and Utah's Constitution,
Article 1 ¤ 1. In re U.P., 648 P 2d 1364; Utah, (1982).
Amendment I of the Constitution
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances.
Amendment XIV of the Constitution
Section 1. All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States
and of the state wherein they reside. No state shall make or enforce
any law which shall abridge the privileges or immunities of citizens
of the United States; nor shall
any state deprive any person of life,
liberty, or property, without due process of law;
nor deny to any person within its
jurisdiction the equal protection of the laws....