Equal Protection or Substantive due process (which group does the act fall into) Flashcards
(21 cards)
Right to Marry
SDP: fundamental: strict scrutiny
not sure if gay marriage is strict scrutiny
right to bear or not the bear children
SDP: fundamental: strict scrutiny
this could be birth control
right to decide how to rear one’s children
SDP: fundamental: strict scrutiny
this could be schooling, or living together as a family. direct upbringing, seeing grandparents.
right to decline unwanted medical treatment
SDP: fundamental: strict scrutiny
and perhaps the right to suicide; if you are competent, and terminally ill.
the right to control ones dress and appearance
SDP: fundamental: strict scrutiny
generally, rights of autonomy or right to privacy are covered as fundament rights under SDP
SDP: fundamental: strict scrutiny
generally these rights fall under: right to marry, right to raise children, right to bear children.
Birth control
SDP: fundamental: strict scrutiny
no matter if married or single (we are not sure about minors)
right for families to live together
SDP: fundamental: strict scrutiny
this was nuclear, blood relatives, not anyone.
right to who will spend time with their child
SDP: fundamental: strict scrutiny
the parent has a right to keep grandparents away. or if have a child’s parent that was never in the picture (this is unsettled)
continue to Parent
a state cannot merely take away your child just because the state feels that the child will be better off in a foster home. if the state thinks that you are danger well that is different.
right to marry
SDP: fundamental: strict scrutiny
lets say the state withholds your marriage license because you owe taxes.. there are other means available to collect taxes.
same sex marriage
is considered a fundaments right, BUT the level of scrutiny is not specified in the decision. could be rational basis with a bite to strict.
marriage license
SDP: fundamental: strict scrutiny
cannot withhold a marriage license.
right to your sexuality (to include gay)
SDP: is considered a fundamental right, BUT the level of scrutiny is not specified in the decision. could be rational basis with a bite to strict.
right to sexual autonomy
Lets say you want to have an affair and your state has laws banning adultery, you would probably challenge it under SDP. SDP: is considered a fundamental right, BUT the level of scrutiny is not specified in the decision. could be rational basis with a bite to strict.
right to die
SDP: fundamental, need clear and convincing that the person is going to die in order to pull the plug, this means that the parents would need show that during the persons lifetime they have mentioned this (in coma). The person would need to have declined live saving measures.
there is NO right to commit suicide
period
right to read what you want
there is a possible fundamental right to read what you want, under SDP
right to you own appearance
there is a possible fundamental right to your own appearance what you want, under SDP
hair and fundamental
a policeman was not allowed to wear his hair the way he wanted to non-fundamental, TF rational basis
Substantive due process
life, liberty or property w/o a hearing
