The right of a man and woman to enter into marriage is a fundamental right. Currently, this right only extends to a male and a female entering into such a union, and it does not extend to same-sex couples. It is possible, however, for the government to restrict the fundamental right of marriage if it is necessary to protect a compelling government interest. For example, the government may restrict the right of an inmate in the prison system from entering into marriage if there is a compelling interest as related to the penal system.

In addition to the right to enter into marriage is the fundamental right to keep extended family members together. What exactly does this mean? Let’s say that a local government enacts zoning regulations that prevent family members from living together. These types of regulations have been found to be invalid. Although this fundamental right extends to distant family members, it does not extend to non-relatives.

Next, let’s explore the rights to caring for your children.