Why Adoption is Not Like Marriage: An Amateur’s Reply to Professor Woodhouse to Keep Waiting for Loving

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I appreciate the opportunity to comment on Professor Woodhouse’s interesting and somewhat provocative thesis on recognizing a fundamental right to be adopted, as a corollary of which all categorical exclusions of potential parents would be presumptively unconstitutional. Of course, I am not a family law scholar; my real field is constitutional law. But law is not like stained glass, which can only be viewed with appreciation from the inside. Sometimes outsiders can see things that insiders miss, and it is that hope that I dare comment at all.


Originally published by The Capital University Law Review in 2005.

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