A state statute requires the permanent removal from parental…
A state statute requires the permanent removal from parental custody of any child who has suffered “child abuse.” That term is defined to include “corporal punishment of any sort.” A father gently spanks his six-year-old son on the buttocks whenever he believes that spanking is necessary to discipline him. Such a spanking has never physically harmed the child. The state files suit under the statute to terminate the father’s parental rights solely because of these spankings. The father defends only on the ground that the statute in question is unconstitutional as applied to his admitted conduct. In light of the nature of the rights involved, which of the following is the most probable burden of persuasion on this constitutional issue?