Also known as: fundamental rights · basic right · basic rights
Written by attorneys · grounded in primary & secondary sources — see below
A liberty interest that receives strict scrutiny under the Due Process or Equal Protection Clauses when burdened by state action. Encroachments trigger rigorous judicial review to determine whether the government has a compelling justification narrowly tailored to the interest at stake.
Fabian Flynn, a white resident of the state, applies for a marriage license with his Black fiancée. State officials refuse the license under a statute prohibiting interracial unions. The court holds that the denial burdens Flynn's fundamental right to marry and subjects the statute to strict scrutiny.
Francisco Frost and his spouse enroll their children in a private academy rather than the local public school. State officials threaten truancy proceedings to force public attendance. The court recognizes that the parents' fundamental right to direct their children's education protects the private-school choice.
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Farah Fox, convicted of a nonviolent felony, faces a state program conditioning restoration of voting rights on permanent sterilization. She refuses and sues. The court finds that the condition burdens her fundamental right to procreate and invalidates the scheme.
Finn Fletcher, an Amish father, withdraws his fourteen-year-old from public school after eighth grade in accordance with religious practice. The state brings truancy charges. The court holds that the fundamental right of parents to direct upbringing, combined with free-exercise interests, entitles the family to an exemption.
Felicity French owes unpaid child support and seeks a marriage license. State law requires her to obtain court approval first. She challenges the statute. The court determines that the permission requirement significantly interferes with the fundamental right to marry and strikes it down.
Francesca Fowler, a pregnant resident in the first trimester, seeks an abortion at a licensed clinic. A state criminal statute prohibits the procedure except to save the mother's life. She sues to enjoin enforcement. The court holds that the statute burdens her fundamental right to decide whether to bear a child.
The Court has identified the right to marry, the right to procreate, and the right of parents to direct the upbringing and education of their children as fundamental liberties protected by the Due Process Clause.
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Strict scrutiny applies. The state must prove that the law is narrowly tailored to serve a compelling governmental interest. Laws that fail this test are invalid.
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No. Because the right to procreate is fundamental, conditioning civic privileges on surrender of that right triggers strict scrutiny and the scheme is invalid.
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…as to protection of health, medical standards, and prenatal life, become dominant. We agree with this approach. Where certain "fundamental rights" are involved, the Court has held that regulation limiting these rights may be justified only by a "compelling state interest," Kramer v. Union Free School District , 395 U. S. 621, 627…