In re the Adoption of Malpica-Orsini

New York Court of Appeals · Decided 1975-05-08

Cited by 156 later decision(s) in our corpus · see the citation network in Lexace

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Fuchsberg, J. (dissenting). While joining fully in the opinion of my fellow dissenter, I would add sex discrimination as an explicit reason for the declaration of section Ill’s unconstitutionality. There appears to me to be no sufficiently principled distinction between requiring equal protection as between married and unmarried fathers, on the one hand, and as between an unmarried mother of a child and its unmarried father, on t…

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