Document Type
Article
Publication Title
University of Kansas Law Review
Publication Date
2023
Abstract
In this Article, I will briefly highlight the meager doctrinal landscape for children's equal protection rights. I will then argue that the current family law system, relying on parents to act in the best interest of children to protect them, falls far short in a society built upon group-based hierarchies. Sometimes, parents will not have the political power to act in their children's best interest to intervene to stop their unequal treatment at the hands of state and private actors. In fact, several landmark cases demonstrate that often out of necessity, children's rights play a pivotal role in ensuring our nation's fidelity to its aspirational equal protection values. In these cases, children invoked their own rights to protect themselves and in doing so, provided a constitutional back-stop for group-based discrimination. Finally, this Article will briefly explain the importance of developing the field of children's equality law.
Recommended Citation
Catherine E. Smith, "Children's Equality Law" in the Age of Parents' Rights, 71 U. Kan. L. Rev. 539 (2023).