Keynote Speech: “Children’s Equality Law” in the Age of Parents’ Rights

Abstract

In this article, Professor Smith issues a new rallying cry that the constitutional law canon should be reimagined from a children’s rights perspective. She acknowledges that such a call to action may seem daunting, unrealistic, and naïve. Still, for those who accept the challenge, constitutional law is a blank slate that begs for a creative, critical, and intersectional vision that centers young people in framework that has for too long prioritized adults. Professor Smith begins the project by highlighting equal protection laws meager doctrinal landscape for young people. She then argues that the current family law system’s reliance on parents to act in the best interests of children to protect them falls short in a society built upon group-based hierarchies. Sometimes, parents do not have the requisite political power to protect their children from unequal treatment, and children must invoke their rights to protect themselves. In fact, several landmark cases demonstrate that children’s rights play a pivotal role in ensuring our nation’s fidelity to its aspirational equal protection values. In these cases, children’s rights provide a constitutional backstop for group-based discrimination. Finally, this article concludes by emphasizing the importance of recognizing the untapped field of children’s equality law.

Keywords: Family Law, Children's Rights, Constitutional Law

JEL Classification: K36