Moore v. East Cleveland

431 U.S. 494, 97 S. Ct. 1932, 52 L. Ed. 2d 531, 1977 U.S. LEXIS 17

 

RULE:

The Due Process Clause of the Fourteenth Amendment protect the right of a family to live as a unit.

FACTS:

The appellant lived in a home with her son and two grandsons. The grandsons were cousins, with one of the grandsons moving in after his mother died. Appellant received notice that she was in violation of Cleveland's criminal statute that limits occupants of a dwelling to members of a single family. The appellant's family did not meet the definiation that was required by the statute. She was convicted and sentenced to 5 days in jail and a $25 fine. 

ISSUE:

Does a statute that bars a person's biological grandchildren from living with her violate the Fourteenth Amendment'd Due Process Clause?

ANSWER:

Yes.

CONCLUSION:

The statute is unconstitutional because it violated due process protections by intruding upon family sanctity and because the ordinance did not advance city goals. 

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