Legal Question in Constitutional Law in Ohio

14th amendment

Can a parent raise their children any way that that they want, under the legal claim that that children are ''property'' under the 14th Amendment?

Why or why not?


Asked on 4/07/08, 1:25 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: 14th amendment

Parents have broad leeway in how to raise their children, but there are limits. Some of these limits come from the criminal law, while others come from health and welfare codes, education codes, etc.

By no stretch of the imagination are children the "property" of their parents, whether under the 14th Amendment or any other provision of law. Children are people and people have rights. Property doesn't.

Even children they were property, the 14th Amendment would not create the sort of right you have in mind. Its language about pro perty says only that the state can't take it away without due process of law. There are plenty of ways for the state to regulate property without taking it away. Thus, even if children actually were property, the state could still regulate their treatment.

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Answered on 4/07/08, 1:47 am


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