| − | The [[Fourteenth Amendment]] provides that no State shall "deprive any person of life, liberty, or property, without due process of law." The Court has long recognized that the Amendment's [[Due Process Clause]], like its [[Fifth Amendment]] counterpart, "guarantees more than fair process." Washington v. Glucksberg, 521 U.S. 702, 719, 138 L. Ed. 2d 772, 117 S. Ct. 2258 (1997). The Clause also includes a substantive component that "provides heightened protection against government interference with certain fundamental rights and liberty interests." 521 U.S. at 720; see also [[Reno v. Flores]], 507 U.S. 292, 301-302, 123 L. Ed. 2d 1, 113 S. Ct. 1439 (1993). | + | The [[Fourteenth Amendment]] provides that no State shall "deprive any person of life, liberty, or property, without due process of law." The Court has long recognized that the Amendment's [[Due Process Clause]], like its [[Fifth Amendment]] counterpart, "guarantees more than fair process." Washington v. Glucksberg, 521 U.S. 702, 719, 138 L. Ed. 2d 772, 117 S. Ct. 2258 (1997). The Clause also includes a substantive component that "provides heightened protection against government interference with certain fundamental rights and liberty interests." 521 U.S. at 720; ''see also'' ''[[Reno v. Flores]]'', 507 U.S. 292, 301-302, 123 L. Ed. 2d 1, 113 S. Ct. 1439 (1993). |
| | The liberty interest at issue in this case -- the interest of parents in the care, custody, and control of their children -- is perhaps the oldest of the fundamental liberty interests recognized by the Court. More than 75 years ago, in ''[[Meyer v. Nebraska]]'', 262 U.S. 390, 399, 401, 67 L. Ed. 1042, 43 S. Ct. 625 (1923), the Court held that the "liberty" protected by the Due Process Clause includes the right of parents to "establish a home and bring up children" and "to control the education of their own." Two years later, in ''[[Pierce v. Society of Sisters]]'', 268 U.S. 510, 534-535, 69 L. Ed. 1070, 45 S. Ct. 571 (1925), the Court again held that the "liberty of parents and guardians" includes the right "to direct the upbringing and education of children under their control." | | The liberty interest at issue in this case -- the interest of parents in the care, custody, and control of their children -- is perhaps the oldest of the fundamental liberty interests recognized by the Court. More than 75 years ago, in ''[[Meyer v. Nebraska]]'', 262 U.S. 390, 399, 401, 67 L. Ed. 1042, 43 S. Ct. 625 (1923), the Court held that the "liberty" protected by the Due Process Clause includes the right of parents to "establish a home and bring up children" and "to control the education of their own." Two years later, in ''[[Pierce v. Society of Sisters]]'', 268 U.S. 510, 534-535, 69 L. Ed. 1070, 45 S. Ct. 571 (1925), the Court again held that the "liberty of parents and guardians" includes the right "to direct the upbringing and education of children under their control." |