· 4/27/1993
Matter of Adoption of KAS
Citations
- 499 N.W.2d 558
- 1993 N.D. LEXIS 78
- 1993 WL 129238
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “exelud[ing] indigent parents in an adoption proceeding from the class of indigent parents entitled to counsel creates an impermissible, underinclu-sive legislative classification, because the classification does not include all who are similarly situated”
- “If a statute is susceptible of two constructions, one of which would render it of doubtful constitutionality and one of which would not, the latter must be adopted.”
- “[w]hen we use strict scrutiny, we do not defer to the legislative choice of classification but, instead, subject the classification ‘to close analysis in order to preserve substantive values of equality_’”
- “[w]hen we use strict scrutiny, we do not defer to the legislative choice of classification but, instead, subject the classification ‘to close analysis in order to preserve substantive values of equality. . . .’”
- statutes must be construed to avoid interpretations of doubtful constitutionality
Source: CourtListener parenthetical corpus (CC0).
Judges: Levine, Vande Walle, Meschke, Erickstad, Johnson, Neumann, Sand-Strom
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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