Legal Definitions - right of family integrity

The right of family integrity is a fundamental right that protects families from unjustified interference by the government. This right is not specifically mentioned in the U.S. Constitution, but it is considered to emanate from it. It includes the right of parents to bear and raise their children according to their beliefs, as well as the right of children to be raised by their parents without unwarranted interference by the state.

The right of family integrity restricts state action under the Fourteenth Amendment. The government cannot interfere in a familial relationship unless it has a compelling reason to do so. Most courts require the government to prove by clear and convincing evidence that interference in a familial relationship is justified.

For example, if a state wants to take a child away from their parents, it must prove that the child is in danger and that removing them from their parents is necessary to protect them. The state cannot simply take a child away because it disagrees with the parents' beliefs or lifestyle choices.

The right of family integrity is important because it protects the privacy and autonomy of families. It allows parents to raise their children according to their own values and beliefs, and it ensures that the government does not interfere in family relationships without a good reason.