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 347, (1976).
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).
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. In re: J.S.
and C., 324 A 2d 90; supra 129 NJ Super, at 489.
Parent's rights 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 625, (1923).
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).
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....
