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 the Ninth Amendment to have her own child with her regardless of
 its ageo '_ 401 Fo Supp. at 767_
 In Bish___ v_o!aw, 450 Fo2d 1069 (Sth Cir. 1971), the court
 upheld the right of the individual to govern his personal appear-
 ance, stating that the acceptance of the dress code by the
 majority of students and the community does not justify the
 infringement. The court continued_ emphasizing that '_toleration
 of individual differences, is basic to our democracy_ whether
 those differences be in re!igionf politics, or life-style." 450
 Fo2d at 1077. The court appears to have adopted the standard
 that the activity need not be engaged in by the majority, that it
 may in fact be offensive to the majority_ but so long as its
 impact upon the fundamental rights of others is de minimis, the
 burden of proof is upon the state to show an evident need of the
 community (compelling state interest) to justify its
 infringement. This standard was likewise professed by the Court
 in Richards v. Th_rston, 424 F.2d 1281 (Ist Ciro 1970) in which
 the issue of whether a right need be fundamental to fall within
 the protection of the due process clause was discussed° Although
 the court declined to adopt a Ninth Amendment rationale and chose
 instead a due process basis for overruling the actions of the
 school boards the issue is of equal importance to Ninth Amendment
 analysis and depicts the solicitude of the court to protect an
 individual's daily activities:

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