A right that is classified a fundamental right is essentially a right that is protected under the U.S. Constitution. What this means for you as a U.S. citizen is that any government action that affects your fundamental rights must be necessary to protect a compelling government interest. This test, known as the strict scrutiny standard, is the most difficult test to overcome.
In this article, we’ll discuss the fundamental right of privacy. Encompassed within the fundamental right to privacy are the rights related to marriage and family, the rights to caring for your children, the rights within your personal sexual relationships, the right to abortion, and the right to read obscene material within your home. If the government were to restrict these rights in any way, it would have to be a narrowly tailored restriction as related to a compelling government interest.
First, we’ll explore the rights related to marriage and family.