Is a child a compelling state interest that a state has not a duty to protect?

California, United States of America


The following excerpt is from Ctr. for Bio-Ethical Reform, Inc. v. Irvine Co., 249 Cal.Rptr.3d 391, 37 Cal.App.5th 97 (Cal. App. 2019):

a child is a compelling state interest that a state has not only a right, but a duty, to protect"] [juvenile dependency case]; H.S. v. N.S. (2009) 173 Cal.App.4th 1131, 1142, 93 Cal.Rptr.3d 470 [state has "compelling interest in protecting the child's well-being"] [child custody case]; Berry v. City of Santa Barbara (1995) 40 Cal.App.4th 1075, 1080, 1085, 47 Cal.Rptr.2d 661 [ordinance prohibiting material "harmful to minors" from being publicly displayed unless blinder racks cover the lower two-thirds of the material was aimed at "protect[ing] minors from exposure to harmful matter" and thus served a "compelling state interest"].)

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