norml21 - Page 41
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person to engages participate in_ or be __ at a cockfight
exhibition° The court viewed mere presence a sweeping
infringement on the dual freedoms of movement and privacy.
Critical of Justice Douglas v approach of penumbras and
emanations as providing little basis for constitutional
stability, the court noted that the source of protection for a
right of privacy had not been determined by a majority of the
Supreme Court, and continued_ stating:
The Ninth Amendment may well be the
cornerstone of the Constitution in years to
come°..Historically_ it was included to
nullify the argument that the enumerated
rights were intended to be the only
protected° Therefore, to reject the Ninth
Amendment as a source of substantive ;rights
would be to accept the precise argument it
was intended to nullify_ As for its
applicability to the state, by definition,
the rights protected by the Ninth Amendment
are those fundamental to a free society and
therefore are included in the Fourteenth
Amendment° The Ninth Amendment is a
reservoir of personal rights necessary to
preserve the dignity and existence of Man in
a free society.
State oof Hawaii v_ Abellano_ 441 Po2d 333, 337 (Haw. 1968).
In a thoughtfully worded and cogently articulated decision, the
Supreme Court of Hawaii_ carefully examined the admonitions of
Justices Black and Stewart in their Griswol_ dissent, and arrived
at the following conclusion:
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