PRIVACY RELATED RIGHTS Flashcards
Marriage
A law prohibiting a class of adults from marrying is likely to be invalidated unless the government can demonstrate that the law is narrowly tailored to promote a compelling or, at least, important interest.
Use of Contraceptives
A state cannot prohibit the distribution of nonmedical contraceptives to adults or minors.
Rights of Parents
Parental rights are fundamental rights. They include the companionship, care, custody, and upbringing of children.
Keeping Extended Family Together
There’s a fundamental right for family members—even extended ones—to live together. However, this right does not extend to unrelated people.
Obscene Reading Material
The right to privacy includes freedom to read obscene material in one’s home (except for child pornography), but not the right to sell, purchase, or transport such material.
Interstate Travel
An individual has a fundamental right (1) to travel from state to state, and (2) to be treated equally after moving into a new state.
RIGHT TO VOTE
The right to vote is a fundamental right. As a result, restrictions on that right, other than on the basis of residence, age, and citizenship, are invalid unless they can pass strict scrutiny.
Right to Self-Defense
The Second Amendment protects the right of individuals to bear arms for self-defense. This includes the right to keep a handgun at home and the right to carry a handgun in public.
RIGHT TO FAIR NOTICE
A fundamental principle of our legal system is that laws that regulate people or entities must give fair notice of conduct that is forbidden or required.
Intimate Sexual Conduct
The state has no legitimate interest in making it a crime for fully consenting adults to engage in private intimate sexual conduct (for example, sodomy) that is not commercial in nature.
Right to Refuse Medical Treatment
The right of a mentally competent adult to refuse medical treatment is a part of an individual’s “liberty” under the Fifth and Fourteenth Amendment Due Process Clauses.
