Also known as: fundamental liberties
Written by attorneys · grounded in primary & secondary sources — see below
A protected interest under the Due Process Clause encompassing personal choices central to individual dignity and autonomy, including those involving family relationships and personal identity. The interest receives protection against state interference that lacks sufficient justification.
Frank Fisher and Floyd Franklin, a same-sex couple married in another state, traveled for work. When Floyd suffered a medical emergency, the hospital refused Frank authority to make decisions because state rules limited automatic surrogate status to opposite-sex spouses. Frank sued, claiming the denial withheld a core incident of marriage from their valid union.
Fabian Flynn fled officers on a motorcycle after a traffic stop. During the pursuit an officer drove recklessly and struck Fabian, killing him. Fabian's estate sued the county, alleging the chase violated a fundamental liberty interest in bodily integrity.
Select any source to read its text and confirm it supports the definition.
Francois Fortier operated a clinic dispensing nonprescription contraceptives by mail. A new state rule required all such products to be obtained only at licensed pharmacies. Francois sued, arguing the rule burdened adults' fundamental liberty to make decisions about procreation.
Fiona Foster's children entered foster care after a neglect finding. The state sought to terminate her parental rights using a preponderance standard. Fiona challenged the standard, asserting that a fundamental liberty interest in the parent-child relationship required clear and convincing evidence.
Felix Franco lived with his granddaughter and her two children in a single-family home. City zoning rules limited occupancy to nuclear family members only. Felix sued after receiving a violation notice, claiming the ordinance infringed a fundamental liberty interest in family living arrangements.
Flagship Logistics employee Fabian Flynn was arrested at home for consensual intimate conduct with another adult. State law criminalized the conduct when it occurred between same-sex partners. Fabian challenged the statute as violating a fundamental liberty interest in personal autonomy.
Strict scrutiny applies. The state must show the law is necessary to serve a compelling interest and is narrowly tailored to that interest.
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Yes. The interest protects the right of same-sex couples to marry and to receive the same incidents of marriage that opposite-sex couples receive.
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Yes. The interest includes parents' authority to direct the upbringing and education of their children, including the choice of private schooling that meets reasonable state standards.
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Yes. The interest protects decisions about whether to bear or beget children and includes adults' ability to obtain contraceptives without undue state interference.
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…v. Liebmann , 285 U. S. 262, 280, 311 (dissenting opinion), I do not believe that this includes the power to experiment with the fundamental liberties of citizens . . . ."[^maj-9] The vice of the dissenters' views is that it would permit such experimentation by the States in the area of the fundamental personal rights of its citizens. I…