200yrs2late
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RE: Don't be a horney teenager in North Carolina
(09-11-2015 09:40 AM)EverRespect Wrote: (09-11-2015 09:32 AM)200yrs2late Wrote: (09-11-2015 09:30 AM)EverRespect Wrote: (09-11-2015 09:15 AM)200yrs2late Wrote: (09-11-2015 08:51 AM)EverRespect Wrote: Bottom line is it is my right as a parent to tell your 19 year old son to stay the phuck away from my 17 year old daughter. As an legal responsible adult, it is his responsibility to stay the phuck away from my daughter.
Technically it depends if they were involved before the 19 year old turned 18. If it was a continuous relationship that started when he was 17 and she was 15, they are protected under law in some states. It's the whole Romeo and Juliet thing. As the parent of the daughter, you could fuss all you want in NC but would have no legal right to prevent them from seeing one another.
I don't think that would stand against the constitution, if challenged.
On what constitutional basis?
The basis is the 9th amendment. Here is some precedence:
Quote:In 2000, the Supreme Court cited a long train of previous cases which showed that the right of parents to direct the education and upbringing of their children is a fundamental right. The following passage, taken from Troxel v. Granville, highlights the rich history of this fundamental right:
In subsequent cases also, we have recognized the fundamental right of parents to make decisions concerning the care, custody, and control of their children. See, e.g., Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972) ("It is plain that the interest of a parent in the companionship, care, custody, and management of his or her children 'come[s] to this Court with a momentum for respect lacking when appeal is made to liberties which derive merely from shifting economic arrangements'" (citation omitted)); Wisconsin v. Yoder, 406 U.S. 205, 232, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972) ("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"); Quilloin v. Walcott, 434 U.S. 246, 255, 98 S.Ct. 549, 54 L.Ed.2d 511 (1978) ("We have recognized on numerous occasions that the relationship between parent and child is constitutionally protected"); Parham v. J. R., 442 U.S. 584, 602, 99 S.Ct. 2493, 61 L.Ed.2d 101 (1979) ( "Our jurisprudence historically has reflected Western civilization concepts of the family as a unit with broad parental authority over minor children. Our cases have consistently followed that course"); Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982) (discussing "[t]he fundamental liberty interest of natural parents in the care, custody, and management of their child"); Glucksberg, supra, at 720, 117 S.Ct. 2258 ("In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the 'liberty' specially protected by the Due Process Clause includes the righ ... to direct the education and upbringing of one's children" (citing Meyer and Pierce)). 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. (emphasis added)
http://www.parentalrights.org/index.asp?...0083244D13
Good to know and I presume could be applicable here even though is seems to be directed specifically towards education.
If a challenge were brought to the "Romeo and Juliet" law I suppose a big question would be whether or not the parents approved before the older turned 18. I would think that if the parent did approve of the relationship when they were both under 18 that they wouldn't have much to stand on if the sole reason for not approving now is explicitly cited as age.
I think it would again turn into a question of whether or not it was worth pursuing and wasting money over.
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