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1991 Tennessee Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagtn0109 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 March 1991 91-29 CONSTTTUTIONAL LAW, TENNESSEE: Searches and Seizures: Although not facially unconstitutional, proposed legislation which pruvides for mandatory DNA testing of convicted sex offenders and authorizes the admission of DNA analysis at trial without antecedent expert testimony that UNA analysis provides a trustworthy and reliable method of identifying characteristics in an individual's genetic material may be subject to scrutiny under the Fourth Amendment and Article I, §7 of the Tennessee Constitution, which prohibit unreasonable searches and seizures. U.S. Const. Amend. IV, -V, -VIII, -XIV; Tenn. Const. Art. I, §7, -§9, -§19, Art. II, §2. 91-21 CONSTITUTIONAL LAW, UNITED STATES: Due Process Clause: The grandparents visitation rights statute, T.C.A. §36-6-301, does not violate a parent's liberty interest in the custody and care of his child. T.C.A. §36-6-301. 91-22 CONSTITUTIONAL LAW, UNITED STATES: Equal Protection Clause: The Tennessee Maternity Leave Act, T.C.A. §4-21-408, does not conflict with the Federal Pregnancy Discrimination Act, as interpreted by EEOC Notice No. N-915-058. U.S. Const. Amend. XIV; 42 U.S.C. §2000e at a.; T.C.A. §4-21-408; 1987 Tenn. Pub. Acts 373; Ops. Tenn. Atty. Gen. 87-193 (December 17, 1987), 88-33 (February 11, 1988). 91-27 CONSTITUTIONAL LAW, UNITED STATES: Fourteenth Amendment--Right to Privacy: Proposed legislation which would prohibit abortion except to preserve the life of the mother or that would outlaw abortions sought solely as a means of birth control would violate a woman's fundamental right of privacy, as founded in the Fourteenth Amendment of the United States Constitution. U.S. Const. Amend. XIV.

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