July 8, 2001
FL-CRPR Press Release Concerning United States Supreme Court decision regarding Dodge v. Graville
Forced grandparent visitation was dealt another blow on June 29, 2001. By reversing the Arizona Court of Appeals and Supreme Court of Arizona rulings, the United States Supreme Court rejected previous cases upholding the constitutionality of Arizona's grandparent visitation law and granted status to a new review of the constitutionality of the statute.
The United States Supreme Court vacated the Arizona Court of Appeals Ruling in the grandparent visitation case, Dodge v. Graville, #00-1300. The case was remanded to the Arizona District One Court of Appeals to be corrected in light of Troxel v. Granville, a case favoring parents, and which was decided by the High Court in June 2000.
The Dodge v. Graville dispute had been going on for nearly five years in Arizona with two bench trials, three appeals, and two rejections for review by the Arizona Supreme Court. This ruling makes it clear that Troxel v. Granville, last year's landmark ruling in grandparent visitation cases, applies not only in situations as that in Washington State where the law is very broad, but also in those states with much more narrowly constructed laws such as Arizona and Ohio.
It becomes clear with this ruling that the United States Supreme Court
intends to defend its prior ruling and assure that states comply broadly.
While in Troxel v. Granville, the United States Supreme Court upheld the
action of the Washington State Supreme Court that ruled that its grandparent
visitation law violated the 14th amendment, in Dodge v. Graville the United
States Supreme Court overturned an Arizona court system that has been avoiding
compliance with last year's Unites States Supreme Court ruling in Troxel v.
Granville. This ruling makes it clear that courts failing to embrace Troxel v.
Granville in the future, face substantial risk of being overturned.