Pierce V. Society of Sisters - Implications

Implications

This decision marked the beginning of a period of more liberal interpretation of due process; specifically, the Court recognized consciously that it had allowed the Fourteenth Amendment to apply to entities other than individuals, and had broadened the list of liberties or rights which it protected. Over the course of the next half century, that list would be extended to include the right to marry, to have children, to marital privacy, to have an abortion, and others.

Because the statute struck down by Pierce was primarily intended to eliminate parochial schools, Justice Anthony Kennedy has suggested that Pierce could have been decided on First Amendment grounds. Indeed, as mentioned, that was the primary legal argument advanced by the lawyers representing the Sisters. However, when Pierce was decided, the First Amendment had not yet been deemed applicable against the states. That event occurred a mere seven days later, in the case of Gitlow v. New York.

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