4/25/2003
Scarlet Letter dead letter
Florida's Scarlet Letter Law has been reversed by a state appellate court and the good folks at FindLaw have posted the text. And at the 4th DCA site
Key graph: The state has failed to demonstrate, however,
how any compelling interest of either the putative
father or the state outweighs the privacy rights of
the mother and child in not being identified in such
a personal, intimate, and intrusive manner.
What you have to remember, however, is that although this is a very good decision, it's only binding within this appellate district, meaning Palm Beach, Broward, St. Lucie, Martin, Indian River, and Okeechobee counties. Other appellate courts are likely to recognize it but are free to add their own nuances and touches.
Fortunately, Legislation to fix this for real today passed the House. Likely to pass the Senate.
It's even made Metafilter
(Sun-Sentinel editorial.)
Key graph: The state has failed to demonstrate, however,
how any compelling interest of either the putative
father or the state outweighs the privacy rights of
the mother and child in not being identified in such
a personal, intimate, and intrusive manner.
What you have to remember, however, is that although this is a very good decision, it's only binding within this appellate district, meaning Palm Beach, Broward, St. Lucie, Martin, Indian River, and Okeechobee counties. Other appellate courts are likely to recognize it but are free to add their own nuances and touches.
Fortunately, Legislation to fix this for real today passed the House. Likely to pass the Senate.
It's even made Metafilter
(Sun-Sentinel editorial.)
