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Santa Clara Law Review
CONSERVATIVE FAMILY VALUES AS CONSTITUTIONAL LAW: PRIVATE REGULATION AND THE EROSION OF FUNDAMENTAL RIGHTS
Abstract: This Article examines a paradox in contemporary constitutional law: While constitutional rights traditionally protect minorities against majority preferences, the Supreme Court has increasingly enabled certain private actors to override others’ constitutionally protected family formation choices through what this Article calls “private regulation.” The Court’s decisions allow individual private actors to impose traditional religious and moral views on others who do
Clara Spera; Katherine Fleming
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