Even beyond the disturbing anti-LGBTQ animus, children are children. To exclude any child from school because the child’s parents are not married is a cruel legacy of a bygone era. It is at war with basic concepts of justice and fairness that all judges must adhere to.
I thought some principles were settled, like what the Supreme Court said in 1968:
“We start from the premise” that children of unmarried persons “are humans, live, and have their being. They are clearly ‘persons’ within the meaning of the Equal Protection Clause.”
“Why should [a] child be denied rights merely because of his birth out of wedlock? He certainly is subject to all the responsibilities of a citizen, including the payment of taxes and conscription under the Selective Service Act.”
“How under our constitutional regime can he be denied correlative rights which other citizens enjoy?” - Levy v. Louisiana, 391 U.S. 68 (1968)
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