While the Constitution does not mention “parent” or “child,” the Supreme Court has long recognized that parents have a constitutionally protected, though not unlimited, right to make decisions for their children free from state regulation. This right is based on a core belief that in our diverse, democratic society, parents generally are better decision-makers for children than the state because of their love and affection for and knowledge of their offspring.
The Supreme Court has established the scope of a parent’s constitutional right to make decisions for a child in the context of child labor laws,1 compulsory education,2 the commitment of a child to a mental institution,3 and whether a child can visit with someone other than a parent.4
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