TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P45

Gale Encyclopedia of American Law Volume 9 P45 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 428 SUBSTANTIVE DUE PROCESS a state statute forbidding married adults from using birth control on the ground that the law violated the sanctity of the marital relationship. In Griswold the Supreme Court held that the First Fourth Fifth and Ninth Amendments create a penumbra of privacy which serves to insulate certain behavior from governmental coercion or intrusion. According to the Court this penumbra of privacy though not expressly mentioned in the Bill of Rights must be protected to establish a buffer zone or breathing space for those freedoms that are constitutionally enumerated. Seven years later in Eisenstadt v. Baird 405 . 438 92 S. Ct. 1029 31 L. Ed. 2d 349 1972 the Supreme Court struck down a Massachusetts statute that banned the distribution of contraceptives to unmarried persons. In striking down this law the Supreme Court enunciated a broader view of privacy stating that all persons married or single enjoy the liberty to make certain intimate decisions free from government restraint including the decision of whether to bear or beget a child. Eisenstadt foreshadowed the decision in roe v. wade 410 . 113 93 S. Ct. 705 35 L. Ed. 2d 147 1973 where the Supreme Court ruled that the Due process Clause guarantees women the right to have an abortion during the first trimester of pregnancy without state interference. Roe subsequently was interpreted to prevent state and federal governments from passing laws that unduly burden a woman s right to terminate her pregnancy webster v. REPRODUCTIVE HEALTH SERVICES 492 . 490 109 S. Ct. 3040 106 L. Ed. 2d 410 1989 . The liberty interest protected by the Due process Clause places other substantive limitations on legislation regulating intimate decisions. For example the Supreme Court has recognized a due process right of parents to raise their children as they see fit including the right to educate their children in private schools Pierce v. Society of the Sisters 268 . 510 45 S. Ct. 571 69 L. Ed. 1070 1925 . .

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