Cite as: 530 U. S. 57 (2000)
Syllabus
Justice Thomas agreed that this Court's recognition of a fundamental right of parents to direct their children's upbringing resolves this case, but concluded that strict scrutiny is the appropriate standard of review to apply to infringements of fundamental rights. Here, the State lacks a compelling interest in second-guessing a fit parent's decision regarding visitation with third parties. P. 80.
O'Connor, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., and Ginsburg and Breyer, JJ., joined. Souter, J., post, p. 75, and Thomas, J., post, p. 80, filed opinions concurring in the judgment. Stevens, J., post, p. 80, Scalia, J., post, p. 91, and Kennedy, J., post, p. 93, filed dissenting opinions.
Mark D. Olson argued the cause for petitioners. With him on the briefs was Eric Schnapper.
Catherine W. Smith argued the cause for respondent. With her on the brief was Howard M. Goodfriend.*
*Briefs of amici curiae urging reversal were filed for the State of Washington et al. by Christine O. Gregoire, Attorney General of Washington, and Maureen A. Hart, Senior Assistant Attorney General, and by the Attorneys General for their respective States as follows: Mark Pryor of Arkansas, Bill Lockyer of California, Ken Salazar of Colorado, Earl I. Anzai of Hawaii, Carla J. Stovall of Kansas, Jeremiah W. (Jay) Nixon of Missouri, Joseph P. Mazurek of Montana, John J. Farmer, Jr., of New Jersey, Heidi Heitkamp of North Dakota, Betty D. Montgomery of Ohio, and Paul G. Summers of Tennessee; for AARP et al. by Rochelle Bobroff, Bruce Vignery, and Michael Schuster; for Grandparents United for Children's Rights, Inc., by Judith Sperling Newton and Carol M. Gapen; for the National Conference of State Legislatures et al. by Richard Ruda and James I. Crowley; and for the Grandparent Caregiver Law Center of the Brookdale Center on Aging.
Briefs of amici curiae urging affirmance were filed for the American Academy of Matrimonial Lawyers by Barbara Ellen Handschu and Sanford K. Ain; for the American Center for Law and Justice by Jay Alan Sekulow, Colby May, Vincent McCarthy, and John P. Tuskey; for the American Civil Liberties Union et al. by Matthew A. Coles, Michael P. Adams, Catherine Weiss, and Steven R. Shapiro; for the Coalition for the Restoration of Parental Rights by Karen A. Wyle; for the Institute for Justice et al. by William H. Mellor, Clint Bolick, and Scott G. Bullock; for the Center for the Original Intent of the Constitution by Michael P. Farris; for the Christian Legal Society et al. by Kimberlee Wood Colby, Gregory S. Baylor, and Carl H. Esbeck; for the Lambda Legal Defense
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