Moore Kinship: Celebrating the 40th Anniversary of Moore v. City of East Cleveland
8 Pages Posted: 6 Oct 2017
Date Written: October 5, 2017
By holding that Due Process protections encompass extended families, Moore v. City of East Cleveland stands as one of the most important family law judgments rendered by the Supreme Court. The Fordham Law Review marked the fortieth anniversary of the decision by convening a group of family law scholars to reflect on what Moore meant for families and family law at the time it was decided and what it means today. Moore’s treatment of extended families ensures its mention in most conversations about alternative family forms. Yet, there are many ways in which Moore, notwithstanding its broad endorsement of familial privacy and protection, represents a missed opportunity. It makes no mention, for example, of family structures less rooted in tradition, such as those involving nonmarital unions and childrearing. Nor does it address the race and socioeconomic issues that seem to have informed the City of East Cleveland’s actions. Indeed, Moore studiously avoids grappling with any of the hard issues pertaining to race, equality, and family formation. The Court’s decision, which has largely been overlooked as a subject of scholarly examination, offers an important starting point for a deeper examination of the role of the law in both supporting and, too often, undermining families, especially families of color. The symposium on Moore that the Law Review hosted, and that Fordham’s new Center on Race, Law, and Justice cosponsored, grapples with these and other issues facing modern families. This Foreword introduces the symposium.
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