M. L. B. v. S. L. J., 519 U.S. 102, 5 (1996)

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106

M. L. B. v. S. L. J.

Opinion of the Court

on the basis of the unique deprivation termination decrees work: permanent destruction of all legal recognition of the parental relationship. Lassiter and Santosky have not served as precedent in other areas, and the Court is satisfied that the label "civil" should not entice it to leave undisturbed the Mississippi courts' disposition of this case. Cf. In re Gault, 387 U. S. 1, 50. Pp. 124-128.

(f) Thus, Mississippi may not withhold from M. L. B. "a 'record of sufficient completeness' to permit proper [appellate] consideration of [her] claims." Mayer, 404 U. S., at 198. P. 128. Reversed and remanded.

Ginsburg, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Breyer, JJ., joined. Kennedy, J., filed an opinion concurring in the judgment, post, p. 128. Rehnquist, C. J., filed a dissenting opinion, post, p. 129. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, and in which Rehnquist, C. J., joined, except as to Part II, post, p. 129.

Robert B. McDuff argued the cause for petitioner. With him on the briefs were Danny Lampley and Steven R. Shapiro.

Rickey T. Moore, Special Assistant Attorney General of Mississippi, argued the cause for respondents. With him on the brief was Mike Moore, Attorney General.*

Justice Ginsburg delivered the opinion of the Court.

By order of a Mississippi Chancery Court, petitioner M. L. B.'s parental rights to her two minor children were forever terminated. M. L. B. sought to appeal from the termination decree, but Mississippi required that she pay in advance record preparation fees estimated at $2,352.36. Because M. L. B. lacked funds to pay the fees, her appeal was dismissed.

Urging that the size of her pocketbook should not be dispositive when "an interest far more precious than any property right" is at stake, Santosky v. Kramer, 455 U. S. 745,

*Martha Matthews filed a brief for the National Center for Youth Law et al. as amici curiae.

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