norml21 - Page 40

 We do not say that the governance of the
 length and style of oneVs hair is necessarily
 so fundamental as those substantive rights
 already found implicit in the "liberty"
 assurance of due process_ requiring a
 compelling showing of the state before it may
 be impaired. Yet _liberty_"__s_j_Ys to
 _p_l_etg_protection if it enc_as_i_Q_Z
 the riLL_ to do momentous act__leavi[Lq the
 __er_with th(b_L__/___grsonal
 9__gcts of our lives which have no direct
 beari_onb!l_t; of other to _n'o their
 libertz.._we think the founding fathers
 understood themselves to have limited the
 government's power to intrude into this
 sphere of personal liberty_ by reserving some
 powers to the people°
 424 F.2d at 1284-85 (emphasis added).
 The sampling of case law presented serves to indicate the
 concern of members of the judiciary to protect the citizenry from
 unauthorized infringement of unenumerated personal or human
 rights° The Ninth Amendment contains discrete relevancy and
 meaning of its ownf unshared and unnecessarily clouded by due
 process analysis.
 Co State Court Treatment.
 In 1968 the Supreme Court of Hawaii, in an unprecedented de-
 cision for that state, unanimously concluded that a general right
 of privacy is one of the rights retained arid protected by the
 Ninth Amendment° The Ninth Amendment was found to protect an
 individual from a statute which, because it was overbroad,
 stifled the fundamental right of privacy, when the end could be
 more narrowly achieved° The statute made it unlawful for any
 4O