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Jech v. Burch, (1979), was a United States federal district court case that in its ruling affirmed the constitutional right of parents to name their children as they wish. The case was started when the parents of a newborn child gave the child a last name different from the father's name and different from the mother's name. The State of Hawaii, through Thomas A. Burch, Chief of the Research and Statistics Office of the State Department of Health and George A. L. Yuen, Director of Health, State of Hawaii, contended that Hawaii statutes required that the surname of a child born in wedlock be the surname of the father, or the hyphenated surnames of the mother and father in either order. The parents (Alena Jech and Adolf Befurt) and the child (Adrian Jebef, through his next friend, his mother) sued the two Hawaii officials to force them to have the surname they chose to appear on the birth certificate. The court found that "parents have a common law right to give their child any name they wish, and that the Fourteenth Amendment protects this right from arbitrary state action." In deciding what cause would be sufficient for the state to interfere with this right, the court quoted Mr. Justice McReynolds (Meyer v. Nebraska 1923) who wrote
The court found the state's claim of a reasonable purpose ludicrous:
The court found that the "Plaintiffs have a Constitutionally protected right to give their own child any surname they choose" and to the extent the state statute "prohibits the exercise of this right, the statute is unconstitutional." ==References== (Jech v. Burch ). 466 F. Supp. 714 - US: Dist. Court, D. Hawaii 1979. (Meyer v. Nebraska ), 262 US 390 - US: Supreme Court 1923 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Jech v. Burch」の詳細全文を読む スポンサード リンク
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