Fundamental Rights

The Supreme Court has held that some liberties are so important tha they are deemed fundamental. Generally, State action that infringes upon these "fundamental rights" will not be upheld unless strict scruitny is met. Fundamental rights include rights that protect family autonomy, procreation,sexual activity and orientation, medical care decison making, travel, voting, and acess to the courts. However, claims of economic liberites (think Lochner) only need to meet rational basis review.

Infringements on fundamental rights can be challeneged under the Due Process Clause of the Fourteenth Amendment or the Equal Protection Clause of the Fourteenth Amendment. The difference is that under Due Process the issue is whether the government's interference is justified by a sufficient purpose, unde Equal Protection the issue is whether the government's discrimination is justified by a sufficient purpose.