Mirabelli v. Bonta · ¶41
None of this is to say that the Court gets the merits here wrong. It may not—as to the plaintiffs' free exercise claim, or their substantive due process claim, or both. As to due process particularly—because, again, that claim alone does all the load-bearing work in this case, see supra, at 503–504, n. 1, 505—I have no doubt that parents have rights, even though unenumerated, concerning their children and the life choices they make. See Pierce v. Society of Sisters, 268 U. S. 510, 534–535 (1925); Parham v. J. R., 442 U. S. 584, 602– 603 (1979). On the other side of the ledger, of course, a State has critical interests in the care and education of children. But California's policy, in depriving all parents of information critical to their children's health and well-being, could have crossed the constitutional line. And that would entitle the parents, at the end of the day, to relief.Read in context ›
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