Also known as: liberty interests · protected liberty interest
Written by attorneys · grounded in primary & secondary sources — see below
A constitutionally protected interest in personal autonomy or family relationships that the Due Process Clause safeguards against arbitrary governmental deprivation. The interest arises from fundamental choices involving education, procreation, child-rearing, medical decisions, and family living arrangements.
Levi Lowe, a parent, sought to enroll his child in an accredited online history course taught primarily in German to preserve family heritage. The state board rejected the course solely because of the language. The board's action infringed the protected liberty interest by denying parents the ability to direct the language of their child's education.
Layla Lane and her husband consulted a physician about obtaining contraceptives for use within their marriage. State law criminalized providing such information or devices to married couples. The prohibition directly burdened the liberty interest in making intimate decisions about procreation free from unwarranted state interference.
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Leo Lynch and his wife entered a surrogacy agreement with Lola Langley under which she would gestate their genetic child. After birth Langley sought custody, claiming a liberty interest as the birth mother. The court recognized the genetic parents' protected liberty interest in the care and custody of their child over the gestational carrier's claim.
Lars Lindstrom had never married the mother of his child and had not established a substantial relationship with the child. When the mother consented to adoption, Lindstrom sought to block it. The court held that he lacked a protected liberty interest because he had not assumed parental responsibilities that would give rise to constitutional protection.
Leah Lamb was sentenced to death but developed severe mental illness while on death row. Prison officials sought to execute her despite her inability to understand the punishment. The court recognized a liberty interest in avoiding execution while incompetent and required procedures to determine competency before carrying out the sentence.
Lumen Capital employee Lola Langley lived with her son and two grandsons in a single-family home. City zoning officials cited her for violating an ordinance that limited occupancy to nuclear family members. The ordinance infringed the liberty interest in choosing family living arrangements by arbitrarily restricting extended family cohabitation.
A prisoner must demonstrate that the regulation imposes an atypical and significant hardship in relation to the ordinary incidents of prison life. Short-term disciplinary segregation usually fails this test, while assignment to a supermax facility with near-total isolation typically succeeds.
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Yes. The Due Process Clause protects a competent adult's liberty interest in refusing lifesaving medical treatment, including nutrition and hydration. States may still impose procedural safeguards such as requiring clear and convincing evidence of an incompetent patient's wishes before treatment is withdrawn.
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A parent possesses a protected liberty interest when an established custodial or parental relationship exists. Unwed fathers who have not assumed parental responsibilities may lack the interest, while those who have formed a substantial relationship receive due process protections before the relationship is terminated.
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Yes. The Clause protects the right of extended family members to live together. Zoning ordinances that arbitrarily limit occupancy to nuclear family members infringe this interest by interfering with choices about family cohabitation.
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…own bottom. It is not dependent for its force upon the provisions of the Bill of Rights. The right of privacy is a fundamental liberty interest protected by the Due Process Clause. The Connecticut statute cannot be sustained. Concurring — Mr. Justice White I agree with the result reached by the Court but would rest the…