US Supreme Court Clarifies Rights for Fathers?

In June of 2017, the US Supreme Court issued a promising new ruling in Sessions v. Morales-Santana. Similarly, this ruling may effect fathers rights in Tennessee. First, this case found that giving mothers preference over fathers may violate fathers’ rights to equal protection in the US Constitution. Additionally, the case is a rare family law decision made by the Court and the Constitutional principles it sets out apply to both state and federal laws throughout the country. This broad opinion was written by traditionally liberal Justice Ruth Bader Ginsburg.

Case Details

This particular case deals with unmarried parents. Legal arguments and analysis could be made that first, fathers are not less qualified or less willing to care for their children. Secondly, a mother’s relationship is no more important to a child than their relationship with their father. Finally, all these arguments would still apply in Divorce Court.

While this case also deals with immigration issues, the Court makes the following quote.

“[N]o important governmental interest is served by laws grounded… in the obsolescing view that unwed fathers are invariably less qualified and entitled than mothers to take responsibility for non marital children.”

They also opined as follows. “When a law’s “objective is to exclude or ‘protect’ members of one gender in reliance on fixed notions concerning that gender’s roles and abilities, the objective itself is illegitimate.”

The Court also recognized sex-discimanatory statistics.  Then they refuted them by writing ths quote. “Overbroad generalizations… have a constraining impact, descriptive though they may be of the way many people still order their lives. Even if stereotypes frozen into legislation have ‘statistical support,’ our decisions reject measures that classify unnecessarily and overbroadly by gender when more accurate and impartial lines can be drawn.”

More opinions on Rights of Fathers

Next, the Court went even further as it looked back to the dangerous self-fulfilling prophecy. This was stereotyping women. Next, they acknowledged that men faced a similar risk in custody fights with the following quote.

“Laws according or denying benefits in reliance on stereotypes about women’s domestic roles, this Court has… observed may create a self-fulfilling cycle of discrimination that forces women to continue to assume the role as primary family caregiver. Correspondingly, such laws may dissolve men who exercise responsibility for raising their children.”

Lastly, this latest case opens up opportunities for fathers to challenge biased laws. But, the challenges will still not be easy. Therefore, anyone looking to challenge laws in their jurisdiction must have patience and financial resources. As mediation advocates, we like to see all cases settled outside of the court process.  Remember to focus on what is in the best interest of your child.

Want more information on Fathers Rights in Tennessee?

Attend the divorcing parent education class. Firstly, we teach the mandatory divorcing parent education seminar at least 6 times each month at our office. A link to the class dates can be found at Memphis Class Dates or Jackson Area Class Dates. Also, we go over parental alienation, mediation, Tennessee coparenting, alimony in Tennessee, divorce documents, apps, child custody and child support. Finally, discuss parental alienation and how to change your name. More details can be found at www.TNcourts.gov