Penumbras of Amendments

Marital Privacy

intimate, sacred, old

May not be achieved by means that are unnecessarily broad


Ninth Amendment

Marital Privacy

fundamental, deep-rooted, traditions and collective conscience

State must show compelling state interest & means that cannot be achieved by more discriminately tailored statute


Independent Content of Due Process

Privacy of the home, the seat of family life, intimate relationship of husband and wife

implicit in the concept of ordered liberty, teachings of history, basic values, tradition

strict scrutiny - rigorous test not just a plausible rationale - closer scrutiny & stronger justification


14th Amendment Liberty

Freedom from state regulation of the intimacies of marriage - realm of family life the state cannot enter


strict scrutiny - compelling interest - no less drastic means are available