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1 Child & Fam. L.J. 5 (2013)

handle is hein.journals/cflj1 and id is 1 raw text is: DEFINING PARENTHOOD: EVOLUTION OR PENDULUM SWING? BY: RUFINA D. BEEM* At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life. Justice O'Connor' INTRODUCTION There are some things in life that everyone should have the freedom to do. Everyone should be able to create a family, experience the joy of being a parent, and raise children in a manner based upon personal choices and preferences. Indeed, this right of a parent has been recognized as fundamental.2 The Fourteenth Amendment's Due Process Clause has a substantive component that provides heightened protection against government interference with certain fundamental rights and liberty interests.3 The liberty interest included in this component is a parent's fundamental right to make decisions concerning the care, custody, and control of their children.4 It has been soundly determined by the U.S. Supreme Court that the Constitution protects a parent's rights.' What the Constitution does not do, however, is define what constitutes a parent. Rufina D. Beem, Esq. graduated from Pace Law School, J.D., cum laude, in May 2012. She was admitted to the New York State Bar in February 2013 and is currently an Associate in the Matrimonial and Family Law Department at Miller, Zeiderman & Wiederkehr, LLP in White Plains, New York. I Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 851 (1992). 2 Id. at 926-27. Troxel v. Granville, 530 U.S. 57, 65 (2000) (quoting Washington v. Glucksberg, 521 U.S. 702, 720 (1997). 4 Id. s Id. 5

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