The Texas Response to Federal Privacy Jurisprudence

In 2012 over ten million children in the United States were living without their fathers. In 2013 over 1.8 million of those children were in Texas, living in mother-only households. Children are being deprived of a needed parent. Has the United States Supreme Court’s endorsement of the philosophy of individualism in its privacy jurisprudence contributed to this rise in fatherless households?

This article will discuss the effects of that jurisprudence on the State of Texas and how Texas has responded. Part I of this article discusses the Supreme Court’s privacy jurisprudence. That examination will reveal a shift from the Court’s protection of families to a jurisprudential assault on families through judicial endorsement of extreme individualism. Part II examines the origins, philosophy, and effects of this individualism, including marital and family breakdown and father absence, specifically considering statistical and demographic evidence from Texas. Part III explains Texas’s response to that jurisprudence and the State’s efforts to protect life and family relationships. While Texas’s public policy has been to strengthen families and promote fatherhood in the State, the High Court’s privacy jurisprudence has divided family unity in favor of individualism, which is having a profound effect on children.

This article illustrates that Texas is making efforts to counteract those effects to restore families.




  1. Excellent analysis on the reality that American individualism is not as beneficial as it has been promoted to be. Thank you for bringing to light that children and the family unit are often the victims in the race for individualism and self-promotion in our society. Thankful that Texas is taking steps to address this critical issue.

  2. No matter what reforms or changes could alter the area of family law when it comes to every single issue, where children are involved, I will always defend the preservation of the notion of the best interest of the child.

  3. Just something that foster the best interest of the child, a statement from a testimony posted on April 20, 2015 entitled: The Hardest Thing I Had To Say During The Divorce Process: “I'm thankful I found the courage to stand up for what I believed to be best for my children. I'm thankful we were able to temper that with a cooperative agreement. And I'm thankful for his show of grace that allowed us to move forward into a cooperative co-parenting relationship for our children. Divorce is a terribly difficult process, but even the smallest show of grace on both sides can make things so much easier.”
    Here is the link for the whole testimony: