JavaScript is required to use Bungie.net

Forums

Edited by CostlyAxis: 5/16/2013 4:07:23 PM
3
It would be a far stretch to claim a violation of the 1st Amendment because it's not what she's saying that violated any laws, but that her actions have consequences on another citizen's rights. Only the government (or those granted permission by the government) has the right to dictate the rights of a citizen under due process. She's clearly sidestepping this. However, I am ignorant on many things, and do not the whole process that you have linked about private adoption. Edit: Ah, I found the issue even with Private Adoptions. She is advertising the fact she wants her child adopted which violates even the Private Adoption route.
English

Posting in language:

 

Play nice. Take a minute to review our Code of Conduct before submitting your post. Cancel Edit Create Fireteam Post

  • How do her actions affect the rights of someone else? Giving a child up for adoption is legal. It's legal for an agency to advertise that they have a child available. So the only illegal thing that the woman did is to use Craigslist to offer the child for adoption. That's a restriction on speech that isn't content neutral (the content of the speech is what is regulated), that doesn't serve a important government interest (because there is no law against person to person adoptions in Texas, and the woman wasn't offering to trade anything for the child), and the restriction doesn't leave many other channels open (it's fairly difficult to get a message to a large number of people without using any "public media"). The law fails 3 out of the 5 tests that make up intermediate scrutiny, which is the standard that courts use to determine whether or not a law in constitutional.

    Posting in language:

     

    Play nice. Take a minute to review our Code of Conduct before submitting your post. Cancel Edit Create Fireteam Post

  • I'm not saying the law isn't ridiculous, but it makes it impossible for there to be competition between adopting parties. While I'm not familiar with Craigslist, it seems to me that she put the child up for adoption there in the hopes (misguided or not) that she would find the "best" adoptive family. The law that you linked says she cannot do that (at least under private adoption). You may have evidence that the law is wrong, but neither of us are judges (at least I'm not) so I don't think we can exactly say that the law should be abolished. The problem stems from the fact that there does not appear to be active interest in placing a new law for the adoption process. The linked PDF even says that private adoption is an option only because the state felt that individuals should retain some rights in deciding the fate of their children.

    Posting in language:

     

    Play nice. Take a minute to review our Code of Conduct before submitting your post. Cancel Edit Create Fireteam Post

  • What "competition" would there be if it was legal to advertise for adoptions?

    Posting in language:

     

    Play nice. Take a minute to review our Code of Conduct before submitting your post. Cancel Edit Create Fireteam Post

You are not allowed to view this content.
;
preload icon
preload icon
preload icon