Gruenke v. Seip

In Gruenke v. Seip, 225 F.3d 290, 309 (3d Cir.2000) recognized the parental liberty interest of a mother whose daughter was forced by her high school swim team coach to take a pregnancy test after he became suspicious that she was pregnant. Id. at 296-97. Acting on a hunch, the coach discussed his suspicions with other school personnel, including a guidance counselor, and asked other team members about their suspicions. Although spreading this rumor widely, he did not contact the minor's parents. He finally insisted that the swimmer in question take a pregnancy test. Id. at 295-96. Thereafter, the student and her mother sued the coach under 1983 alleging, inter alia, violation of the mother's constitutional right to manage her daughter's upbringing as well as the daughter's right to privacy. Id. at 297. In determining whether the plaintiffs had alleged a constitutional violation in Gruenke, we recognized both the parental interest in directing the care of their children and the fact that, "for some portions of the day, children are in the compulsory custody of state-operated school systems. In that setting the state's power is custodial and tutelary, permitting a degree of supervision and control that could not be exercised over free adults." Id. at 304. During this custodial time, in order to maintain order and the proper educational atmosphere, at times, those authorities "may impose standards of conduct that differ from those approved of by some parents." Id. Where these standards collide, a court will require the State to demonstrate a compelling interest that outweighs the parental liberty interest in raising and nurturing their child. Id. at 305.