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In re Michaela Lee R.
State: Connecticut
Court: Supreme Court
Docket No: SC16122 Dissent
Case Date: 07/11/2000
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** MCDONALD, C. J., dissenting in part and concurring in the result. The majority agrees with the commissioner's claim that Michaela Lee has no constitutional right to the nondisclosure of personal information contained on a birth certificate. It suggests that privacy interests are limited to only ``the most basic personal decisions such as contraception, marriage or the decision to procreate,'' and holds that this category does not include Michaela Lee's privacy interest in her birth records. I disagree. I do not believe that we need to decide in this case that Michaela Lee has no constitutional privacy interest in the parental information contained in the state's birth records. Instead, I would hold that she may have such an interest, but the record in this case does not show that it was violated. The United States Supreme Court has recognized that there may be a constitutional privacy interest in public records containing sensitive personal information, and that that privacy interest should be protected by statutory confidentiality requirements. In Whalen v. Roe, 429 U.S. 589, 591, 97 S. Ct. 869, 51 L. Ed. 2d 64 (1977), the United States Supreme Court considered the constitutionality of the New York State Controlled Substances Act of 1972; N.Y. Pub. Health Law
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