I've been reading over the book, The Supreme Court by Jeffery Rosen and I came upon this interesting gem. In William Douglas' concurring opinion to Roe v. Wade the judge declared that there were three sweeping categories of rights protected under the Consititution that were not explictly mentioned:
"First is the autonomous control over the development and expression of one's intellect, interests, tastes, and personality...Second is the freedom of choice in the basic decisions of one's life respecting marriage, divorce, procreation, contraception, and the education and upbringing of children...Third is the freedom to care for one's health and person, freedom from bodily restraint or compulsion, freedom to walk, stroll, or loaf."
Notice in his second section, there's nothing he mentions about gender when it comes to respecting marriage. The basis for a case? Ummm...
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