SYMPOSIUM: CHANGING IMAGES OF THE STATE: CONTESTED IMAGES OF FAMILY VALUES: THE ROLE OF THE STATE. Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1994 The Harvard Law Review Association.

Harvard Law Review

SYMPOSIUM: CHANGING IMAGES OF THE STATE: CONTESTED IMAGES OF FAMILY VALUES: THE ROLE OF THE STATE.

APRIL, 1994

107 Harv. L. Rev. 1348

Author

Peggy Cooper Davis *

Excerpt

Throughout the 1992 presidential election, the major United States political parties battled over a set of ideological issues loosely captured by the phrase "family values." The parties were divided between what I will call the moral standards view and the moral independence view. In debates about family values, those who hold a moral standards view emphasize the word values. They are concerned about the capacity of individuals and families to maintain norms that are broadly shared. They have an image of the state as an active enforcer of shared values. Those who hold a moral independence view emphasize the word family. They have an image of the state as an entity that must be constrained, lest it unduly influence the formation of values. The Supreme Court has worried over the limits of the state's permissible involvement in setting or protecting family values, sometimes approving moral standard-setting, 1 and sometimes requiring moral toleration. 2

This essay argues that the United States constitutional system, as amended during Reconstruction, 3 requires the tolerance generated by the moral independence view and forbids state action that has no purpose other than moral standard-setting. This proposition is grounded in neglected antislavery traditions of human dignity and family liberty that informed the conceptions of liberty and citizenship inscribed in the Fourteenth Amendment. 4 These neglected traditions embody, and the second of the Reconstruction Amendments constitutionalizes, a requirement that each person be given a measure of autonomy appropriate to the thinking, morally conscious ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities