Commentary on Alabama Law and Society

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Location: Birmingham, Alabama

Thursday, March 16, 2006

Educational Opportunity

If you want what is in my opinion a pretty good explanation and illustration of how the whole right to privacy thing works (as opposed to a parkerish diatribe about how it is destroying civilization), read this opinion from the Northern District of Alabama. (hat tip How Appealing).

The court discusses on pages eight through ten some of the horrific unnamed rights opposed by courageous judicial warriors like Justice Parker and Roy Moore. You know, the ones that aren't expressly in the constitution, the recognition of which is delivering this country to hell in a handbasket. Here they are, read them, and call our heroes today to join them in opposing these rights:

Thus far, the Supreme Court has characterized the following, non-textual liberty interests as “fundamental” and, as such, rights that should prevail if in conflict with governmental authority or other, less valued, liberties:(i) the right to marry;(ii) the right to procreate; (iii) the right to purchase and use contraceptives; (iv) the qualified right to an abortion; (v) the right to custody of one’s children; (vi) the right to keep a family together; (vii) the right of parents to direct the education and upbringing of their children; (viii) the right to marital privacy; (ix) the right to bodily integrity; (x) the right to refuse unwanted, lifesaving, medical treatment; (xi) the right to travel within the United States; (xii) the right to vote; (xiii) the qualified right to control the dissemination of private information; (xiv) the right of all persons to equal access to the courts; and arguably (xv) the right of adults to engage in private, consensual, non-commercial, sexual activity common to a homosexual lifestyle.