Equal Protection or Substantive due process (which group does the act fall into)

Question 1

Right to Marry

Answer 1

SDP: fundamental: strict scrutiny
not sure if gay marriage is strict scrutiny

Question 2

right to bear or not the bear children

Answer 2

SDP: fundamental: strict scrutiny
this could be birth control

Question 3

right to decide how to rear one’s children

Answer 3

SDP: fundamental: strict scrutiny
this could be schooling, or living together as a family. direct upbringing, seeing grandparents.

Question 4

right to decline unwanted medical treatment

Answer 4

SDP: fundamental: strict scrutiny
and perhaps the right to suicide; if you are competent, and terminally ill.

Question 5

the right to control ones dress and appearance

Answer 5

SDP: fundamental: strict scrutiny

Question 6

generally, rights of autonomy or right to privacy are covered as fundament rights under SDP

Answer 6

SDP: fundamental: strict scrutiny
generally these rights fall under: right to marry, right to raise children, right to bear children.

Question 7

Birth control

Answer 7

SDP: fundamental: strict scrutiny
no matter if married or single (we are not sure about minors)

Question 8

right for families to live together

Answer 8

SDP: fundamental: strict scrutiny
this was nuclear, blood relatives, not anyone.

Question 9

right to who will spend time with their child

Answer 9

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)

Question 10

continue to Parent

Answer 10

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.

Question 11

right to marry

Answer 11

SDP: fundamental: strict scrutiny
lets say the state withholds your marriage license because you owe taxes.. there are other means available to collect taxes.

Question 12

same sex marriage

Answer 12

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.

Question 13

marriage license

Answer 13

SDP: fundamental: strict scrutiny
cannot withhold a marriage license.

Question 14

right to your sexuality (to include gay)

Answer 14

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.

Question 15

right to sexual autonomy

Answer 15

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.

Question 16

right to die

Answer 16

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.

Question 17

there is NO right to commit suicide

Answer 17

period

Question 18

right to read what you want

Answer 18

there is a possible fundamental right to read what you want, under SDP

Question 19

right to you own appearance

Answer 19

there is a possible fundamental right to your own appearance what you want, under SDP

Question 20

hair and fundamental

Answer 20

a policeman was not allowed to wear his hair the way he wanted to non-fundamental, TF rational basis

Question 21

Substantive due process

Answer 21

life, liberty or property w/o a hearing