No. 23-6318

William Joseph Daniel v. United States

Lower Court: Tenth Circuit
Docketed: 2023-12-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consenting-adults constitutional-rights due-process equal-protection glucksberg-test privileges-or-immunities substantive-due-process
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Should the choice of a woman and a man to pursue a relationship that could lead to marriage, children, and family be a constitutionally protected right?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.) There are 330 million Americans and almost all of them either have or will choose who to pursue for potential marriage, children, and family, which are constitutionally protected rights. Should the choice of a woman and a man — both adults — to pursue one another in a relationship that could potentially lead to marriage, children, and family — a choice "deeply rooted in our .. .. Nation's history and tradition" and "in the concept of ordered liberty," be such a right, protected by the Due Process Clause and/or the Privileges or Immunities Clause of the Constitution's Fourteenth Amendment? 2.) Should the state have the right to arbitrarily and unequally criminalize Constitutionally protected rights between consenting adults based solely on an occupation when many, if not all, occupations have "similarly situated" relationships? . 3.) Should we eliminate substantive due process doctrine from our jurisprudence, overturning all of it's erroneous precedents? 4.) Does the Privileges or Immunities Clause protect any rights that are not enumerated in the Constitution and, if so, should we use the "Glucksberg test" to identify those rights?

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2024-01-02
Waiver of right of respondent United States to respond filed.
2023-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2024)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
William J. Daniel
William Joseph Daniel — Petitioner
William Joseph Daniel — Petitioner