Kopf v. Kelly

Summary

The court held that the residency restriction is facially constitutional under substantive due process and equal protection because it neither implicates a fundamental right nor discriminates against a suspect class, and it is rationally related to protecting children. The court vacated the as-applied ruling because the circuit court had no evidentiary record concerning the plaintiff's particular circumstances, remanding for an evidentiary hearing. The court affirmed dismissal of the plaintiff's remaining substantive due process, procedural due process, and ex post facto claims. No separate opinions were filed.