Jech v. Burch’s Empirical Analysis
1979
Citation profile
1 district · 7 state decisions
How this case has been cited
Cited by 17 later decisions — most recently June 2023
1 district · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1343 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Edelman v. Jordan · Roe v. Wade · Griswold v. State of Connecticut · Meyer v. State of Nebraska · Hutto v. Finney
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... [A] proper interpretation of Anglo-American political and legal history and precedent leads to the conclusion that parents have a common law right to give their child any name they wish, and that the Fourteenth Amendment protects this right from arbitrary state action. * * * * * * What is the state interest in refusing to allow parents to give their child at birth a name which they may immediately confer by way of change of name? I fail to see any such interest. We are not dealing with the statutory requirement that the birth of a child in Hawaii be reported to the State Department Health ... The public interest in the fact of a birth clearly overrides anyone's desire not to report this information. We are also not dealing with the indexing system of the registrar of births. If the registrar wants to register the birth certificate of `Adrian Jebef' under `Adrian Befurt,' or any other name or symbol, that is a matter for regulation as an internal administrative decision of the State Department of Health. * * * * * * The statutory provision for change of name is not a substitute for the right to insist that one's child at birth was given the original name designated. This merely restates the first proposition that the naming of a child is protected against arbitrary or unreasonable state action. (emphasis theirs)”
5 later decisions quote this exact passage“For reasons which have still not been explained satisfactorily to me, the department is completely defeated by the problem of indexing a child's surname such as `Jebef', which does not belong to either of the parents ... Assuming that administrative convenience dictates a continuation of a male-oriented indexing system, the registrar did not make clear to me why there could not be a cross-reference [to the father's name].”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.