William Joseph Daniel v. United States
DueProcess Privacy JusticiabilityDoctri
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?
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?