Douglas |
Penumbras of Amendments |
Marital Privacy |
intimate, sacred, old |
May not be achieved by means that are unnecessarily broad |
Goldberg |
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 |
Harlan |
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 |
White |
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 |