Investor Presentaiton
Idaho Supreme Court
Decision:
- The Court then found that Idaho Code sections 16-1504(3)(b) and 16-1513(4) are
UNCONSTITUTIONAL because they deny due process to unwed fathers who have formed
meaningful relationships with their children prior to the filing of an adoption petition.
This is the procedural due process argument. However, the Court pauses here to educate
readers about the proper structure of a constitutional challenge - the distinction between an "as
applied” and a “facial" challenge. Father did not identify which he was advancing, but the Court
looked at each argument through both lenses. While his arguments failed a facial challenge, the
Court found that the statutes identified above actually did FAIL an "as applied" challenge.View entire presentation