Also known as: substantive due process · substantive due process doctrines · SDP
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional doctrine that safeguards certain fundamental liberties from arbitrary governmental interference under the Due Process Clauses. It requires that laws burdening protected interests bear a substantial relation to legitimate public objectives and, for fundamental rights, satisfy heightened scrutiny. The doctrine invalidates measures that single out individuals for irreversible intrusions on autonomy without adequate justification.
Daisy, an inmate convicted of animal cruelty, qualifies for an agricultural work-release program that reduces her sentence but only if she undergoes surgical sterilization. State officials deny her application when she refuses the procedure, even though she meets every other eligibility criterion. The requirement conditions a meaningful sentence benefit on permanent loss of procreative capacity for a narrowly defined class of offenders.
A married couple seeks advice from their physician about using contraceptives to space their children. State law criminalizes providing such information or devices to married persons. The physician faces prosecution solely for discussing private family planning options with the couple.
Select any source to read its text and confirm it supports the definition.
A grandmother lives with her son and two grandsons in a single-family home she owns. A city ordinance limits occupancy to nuclear families and prohibits the arrangement. Officials threaten eviction proceedings against the household for violating the zoning rule.
A woman in her first trimester seeks an abortion from her physician after consulting about her health and circumstances. State criminal statutes ban the procedure except to save the woman's life. The physician faces felony charges for performing the requested medical service.
An unwed father has provided financial support and visited his child regularly since birth. The mother places the child for adoption without notifying him. State law allows the adoption to proceed without affording the father any opportunity to be heard on his parental fitness.
A terminally ill patient with a short life expectancy asks his physician for medication that will allow him to end his suffering at a chosen time. State criminal law prohibits any person from assisting another to commit suicide. The physician faces prosecution for honoring the patient's request.
Strict scrutiny applies when state action burdens a fundamental right. The government must demonstrate a compelling interest and show that the means are narrowly tailored to achieve that interest.
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A zoning classification violates substantive due process when it lacks any substantial relation to public health, safety, or general welfare and arbitrarily deprives the owner of the beneficial use of the property. Courts invalidate such isolated restrictions even if the ordinance was procedurally proper.
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Such schemes violate both equal protection and substantive due process because the right to procreate is fundamental. Conditioning sentence benefits on permanent loss of reproductive capacity for a narrow class of offenders imposes an unconstitutional burden.
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…Stewart, J. In 1963, this Court, in Ferguson v. Skrupa , 372 U.S. 726, purported to sound the death knell for the doctrine of substantive due process, which had been applied to strike down state legislation concerning economic matters. In the 1960's and 1970's, however, the Court has given renewed life to the due process clause by using…