Troxel v. Granville

Before addressing the merits of the case, the State Court of Appeals remanded for entry of written findings of fact and conclusions of law, citing the best interests of the children as reason for their decision.

[6] State courts considering non-parent visitation petitions must apply "a presumption that fit parents act in the best interests of their children.

The plurality held that "choices [parents make] about the upbringing of children... are among associational rights... sheltered by the Fourteenth Amendment against the State's unwarranted usurpation, disregard, or disrespect.

[11] Justice Thomas applied strict scrutiny and reached the conclusion that "the State of Washington lacks even a legitimate governmental interest–to say nothing of a compelling one–in second-guessing a fit parent’s decision regarding visitation with third parties."

However, Thomas questioned whether Meyer v. Nebraska and Pierce v. Society of Sisters were correctly decided, but floated the possibility that parental rights may be protected under the Privileges or Immunities Clause of the Fourteenth Amendment instead.

[citation needed] The decision in Troxel v. Granville affected the interpretation of state laws granting grandparent visitation rights.