Congressional Digest

Supreme Court Debates March 2000 No. 3 Vol. 3
Opinion of the Court

Grandparents' Rights

The Constitutionality of State Visitation Laws

Opinion of the Court

The Washington State Law Is Unconstitutional

This case was granted certiorari on September 28, 1999, and was affirmed on June 5, 2000. In a 6-to-3 decision, the Court struck down a Washington State law permitting courts to grant grandparents visitation rights for their minor grandchildren if such visitations are in "the best interests of the child," even though the parents of the child do not approve of such visits. The following is excerpted from the summary of the majority opinion written by Justice O’Connor, as prepared by the Court Reporter of Decisions:The Fourteenth Amendment’s Due Process Clause has a substantive component that "provides heightened protection against…

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