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." Zeller very gently spanks his six-year-old son on the buttocks whenever he believes that spanking is necessary to enforce discipline on him. Such a spanking occurs not more than once a month and has never physically harmed the child. The state files suit under the statute to terminate Zeller's parental rights solely because of these spankings. Zeller 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?
The state has the burden of persuading the court that the application of this statute to Zeller is necessary to vindicate an important state interest. The state has the burden of persuading the court that the application of this statute to Zeller is rationally related to a legitimate state interest. Zeller has the burden of persuading the court that the application of this statute to him is not necessary to vindicate an important state interest. Zeller has the burden of persuading the court that the application of this statute to him is not rationally related to a legitimate state interest.
Question: 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." Zeller very gently spanks his six-year-old son on the buttocks whenever he believes that spanking is necessary to enforce discipline on him. Such a spanking occurs not more than once a month and has never physically harmed the child. The state files suit under the statute to terminate Zeller's parental rights solely because of these spankings. Zeller 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?
A. The state has the burden of persuading the court that the application of this statute to Zeller is necessary to vindicate an important state interest.
B. The state has the burden of persuading the court that the application of this statute to Zeller is rationally related to a legitimate state interest.
C. Zeller has the burden of persuading the court that the application of this statute to him is not necessary to vindicate an important state interest.
D. Zeller has the burden of persuading the court that the application of this statute to him is not rationally related to a legitimate state interest.
Answer: