This amendment was bitterly contested. 1980). 315 Thus, in the absence of clear and convincing evidence that the patient herself had expressed an interest not to be sustained in a persistent vegetative state, or that she had expressed a desire to have a surrogate make such a decision for her, the state may refuse to allow withdrawal of nutrition and hydration. Thus, a city ordinance which zoned for single family occupancy and so defined ''family'' as to bar extended family relationships was found to violate the due process clause as applied to prevent a grandmother from having in her household two grandchildren of different children. Moreover, because of the strict regulations, it is very improbable that academic research will be undertaken without sponsoring (IITs). It was one of the Reconstruction Amendments. Privacy has in a number of cases been identified as a core value of the Bill of Rights, 250 but it was not until Griswold v. Connecticut 251 that an independent right of privacy, derived from the confluence of several provisions of the Bill of Rights or discovered in the ''penumbras'' of these provisions, was expounded by the Court and actually used to strike down a governmental restraint. 254 In the pornography cases decided later in the same Term, the Court denied the existence of any privacy right of customers to view unprotected material in commercial establishments, repeating the above descriptive language from Roe, and saying further: ''the constitutionally protected privacy of family, marriage, motherhood, procreation, and child rearing is not just concerned with a particular place, but with a protected intimate relationship. First, the cases removed any lingering possibility that the right is a marital one that depends upon that relationship. . Ingraham v. Wright, 430 U.S. 651, 673 (1977) (liberty interest in being free from undeserved corporal punishment in school); Greenholtz v. Nebraska Penal Inmates, 442 U.S. 1, 18 (1979) (Justice Powell concurring) (''Liberty from bodily restraint always has been recognized as the core of the liberty protected by the Due Process Clause from arbitrary governmental actions''). Griswold v. Connecticut, 257 voiding a state statute proscribing the use of contraceptives, seems primarily to be based upon a judicial concept of privacy flowing from the first aspect of privacy described above. . Prisoner J.W. [Footnote 277] 478 U.S. 186 (1986). [Footnote 9] Ohio ex rel. 316 . at 304-05 (Brennan, joined by Marshall and Blackmun, dissenting); id. Because the right to marry is a fundamental right protected by the due process clause, 293 a state may not deny the right to marry to someone who has failed to meet a child support obligation, there being no legitimate state interest compelling enough to justify the prohibition. [Footnote 299] Michael H. v. Gerald D., 491 U.S. 110 (1989). 4 Proceedings to raise revenue by levying and collecting taxes are not necessarily judicial, nor are administrative and executive proceedings, yet their validity is not thereby impaired. What the Court's careful circumscription of the privacy issue through balancing does to the concept is unclear after Nixon v. Administrator of General Services, 433 U.S. 425, 455 -65 (1977), but note the dissents. Within the limits imposed by the language of the Fifth Amendment, which we necessarily observe, the privilege truly serves privacy interests; but the Court has never on any ground, personal privacy included, applied the Fifth Amendment to prevent the otherwise proper acquisition or use of evidence which, in the Court's view, did not involve compelled testimonial self- incrimination of some sort.'' Chief Justice Burger's brief concurring opinion amplified on this theme, concluding that constitutional protection for ''the act of homosexual sodomy . Liberty Interests of Retarded and Mentally Ill: Commitment and Treatment.--Potentially a major development in substantive due process is the formulation of a liberty right of those retarded or handicapped individuals who are involuntarily committed or Sec. 269 But in its important reconsideration of and reaffirmation of governmental interests in the control of pornography, the Court went beyond this restriction and recognized governmental interests that included the promotion of public morality, protection of the individual's psychological health, and improving the quality of life. [Footnote 304] ''The word 'habilitation' is commonly used to refer to programs for the mentally retarded because mental retardation is . [Footnote 266] Roe v. Wade, 410 U.S. 113, 148 (1972). at at 197. Stanley was quickly restricted to its facts, to possession of pornography in the home. ''It is argued that individual 'free will' must govern, even in activities beyond the protection of the First Amendment and other constitutional guarantees of privacy, and that government cannot legitimately impede an individual's desire to see or acquire obscene plays, movies, and books. [Footnote 252] In Eisenstadt v. Baird, 405 U.S. 438 (1972), the court had declined to extend the Griswold principle to the unmarried on privacy grounds, relying on an equal protection analysis instead.
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