Which right is typically protected by strict scrutiny?

Which right is typically protected by strict scrutiny?

• A. Marriage
• B. Procreate
• C. Custody of children
• D. Use contraceptives

Answer: (D)

When a law burdens a fundamental liberty, courts apply strict scrutiny, requiring a compelling state interest and a narrowly tailored means to achieve it. The right to use contraceptives is a classic example because it stems from the right to privacy in intimate matters, first recognized in Griswold v. Connecticut as protecting contraceptive use within a marriage. That privacy principle was later extended to individuals in Eisenstadt v. Baird, reinforcing that access to contraception is part of the liberty protected by due process. Because it involves a deeply personal, intimate decision, restrictions on using contraceptives are evaluated under strict scrutiny, and such restrictions have historically failed to meet the high burden. While other fundamental rights like marriage also receive strong protection, contraception is the quintessential, textbook instance used to illustrate that strict scrutiny applies to privacy-based liberty interests.

When a law burdens a fundamental liberty, courts apply strict scrutiny, requiring a compelling state interest and a narrowly tailored means to achieve it. The right to use contraceptives is a classic example because it stems from the right to privacy in intimate matters, first recognized in Griswold v. Connecticut as protecting contraceptive use within a marriage. That privacy principle was later extended to individuals in Eisenstadt v. Baird, reinforcing that access to contraception is part of the liberty protected by due process. Because it involves a deeply personal, intimate decision, restrictions on using contraceptives are evaluated under strict scrutiny, and such restrictions have historically failed to meet the high burden. While other fundamental rights like marriage also receive strong protection, contraception is the quintessential, textbook instance used to illustrate that strict scrutiny applies to privacy-based liberty interests.