Fundamental Rights - DOC

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					Fundamental Rights S/R is strict scrutiny: regulation must be necessary to a compelling gov’t interest.  CAMPER o Contraception o Abortion: Right of a woman to have an abortion w/o interference f/ the state before viability.  Normal strict scrutiny is not the standard used b/c there are two competing compelling interests: Protecting the mother’s health vs. protecting the fetus  Casey Standards: B4 viability, states may not prohibit abortion, they may adopt regs to protect mother and fetus as long as reg does not create an undue burden on mother’s right to abortion. After viability— after 3rd trimester—a state may prohibit abortion—like under Roe—unless an abortion is necessary to protect the mother’s health  No Undue Burden:  req informed consent of wmn.  Detailed record keeping by facility  Consent of 1 parent by an minor  Partl birth abortion is const.  Roe: Casey did not overrule Roe, it distinguished it. Gov’t action to abort fetus is broken down by trimesters  1st trimester: gov’t can’t prohibit abortion.  2nd: can’t prohibit, but can regulate where necessary to protect mother’s health.  3rd: may prohibit abortion except where necessary to protect mother’s health.  Funding: No duty to provide public funding or for abortion. No duty to provide abortions in public hospitals  Consent:  Spousal consent not required.  Consent of both parents not required. Consent of one may be required—but state must afford a judicial bypass. o Marriage, Procreation, Education (private) o Relations, Family: Right for the nuclear family to remain together. This does not apply to unrelated people living together. o Right to engage in homosexual activity in privacy of home: as of 2003 new law is Lawrence v. Texas  S. Ct. said that the liberty protected by the constitution allows homosexual men the right to make individual decisions as to intimate relations. This is afforded by due process clause. o Court is very slow to act in this area…do not extend the right to privacy beyond these 6 areas. o Right to Vote: Generally, one person—one vote rule. This applies for all state, federal, and local districts. o EXCEPTIONS:  Special purpose districts  Property interest restrictions on the right to vote: these are unconstitutional.  There must be equality in the distribution of the right to vote. This falls under equal protection.


				
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posted:12/3/2008
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