Contents

• 1. "Fundamental" Rights versus State Interests: The Balancing Process
• I. "I Am Not Talking Very Much Like a Lawyer"
• II. The U.S. Supreme Court and "Fundamental" Rights
• III. The Liberty and Rights Protected by the Due Process Clause
• IV. Is There a Protected Liberty Interest for Persons Having Intimate Homosexual Relations?
• V. The Limits of Sexual Privacy
• 2. Marriage and Marital Privacy
• I. "I Should Like to Suggest a Substantial Change for Your Consideration"
• II. Heterosexual Marriage
• III. Molecular Changes in the Definition and Reality of the Traditional Marital Relationship
• IV. The Dilemma of Intimate Violence and Congressional Passage of the Violence Against Women Act (VAWA), 1994
• V. Same-Sex Marriage
• VI. Congressional Passage of the Defense of Marriage Act (DOMA), 1996
• 3. The "Rhapsody of the Unitary Family"
• I. "Something Smells about This Case"
• II. Who Is Family?
• III. Family Privacy versus State Interests
• IV. Family Privacy Rights versus Personal Autonomy and Other Constitutional Rights
• 4. Motherhood or Not, That Is Her Decision
• I. "I Will Be God-damned!"
• II. Not Having Children: Abortion as a Personal Right
• III. After Roe, What Are the Limits of "State Actions" That Regulate the Abortion Procedure?
• IV. After Roe, What Are a Husband’s Rights?
• V. When a Minor Daughter Wants to Terminate Her Pregnancy
• VI. Back into the Vortex: The "Partial Birth" Abortion Controversy
• 5. Raising the Child: "Father Knows Best"?
• I. "This Is Really a Ridiculous Case to Be Absorbing Our Time"
• II. Raising and Educating Children
• III. The Mental and Physical Health and Welfare of the Child
• IV. Children’s Rights: Visiting the Grandparents
• 6. "Let Me Go!": Death in the Family
• I. "This Case Should Never Have Been Started"
• II. Terminating Life Support for an Incompetent Family Member: Passive Euthanasia
• III. Physician-Assisted Suicide: Active Euthanasia
• 7. Family and Personal Privacy in the Twenty -First Century
• I. "She Kept Screaming"
• II. Is the Home Still a Castle?
• III. The "Medical Necessity" Exception and Federal Anti-Marijuana-Use Law