No. 23-6318

William Joseph Daniel v. United States

Lower Court: Tenth Circuit
Docketed: 2023-12-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consenting-adults constitutional-rights due-process equal-protection glucksberg-test privileges-or-immunities substantive-due-process
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2024-01-19
Question Presented (from Petition)

1.) There are 330 million Americans and almost all of them either have or will
choose who to pursue for potential marriage, children, and family, which are
constitutionally protected rights. Should the choice of a woman and a man —
both adults — to pursue one another in a relationship that could potentially
lead to marriage, children, and family — a choice "deeply rooted in our ... ■
Nation's history and tradition" and "in the concept of ordered liberty," be
such a right, protected by the Due Process Clause and/or the Privileges or
Immunities Clause of the Constitution's Fourteenth Amendment?

2.) Should the state have the right to arbitrarily and unequally criminalize
Constitutionally protected rights between consenting adults based solely on
an occupation when many, if not all, occupations have "similarly situated"
relationships?

3.) Should we eliminate substantive due process doctrine from our jurisprudence
overturning all of it's erroneous precedents?

4.) Does the Privileges or Immunities Clause protect any rights that are not
enumerated in the Constitution and, if so, should we use the "Glucksberg
test" to identify those rights?

Question Presented (AI Summary)

Should the choice of a woman and a man to pursue a relationship that could lead to marriage, children, and family be a constitutionally protected right?

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2024-01-02
Waiver of right of respondent United States to respond filed.
2023-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2024)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
William J. Daniel
William Joseph Daniel — Petitioner