norml21 - Page 75
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wholly irrelevant to the achievement of the state's objectives.
'_A statutory enactment will not be set aside if any statement of
facts reasonably may be conceived to justify ito"
But Fifth and Fourteenth Amendment due process requires a
W'stricter'_ review of legislation where it impinges on a right
held to be "fundamental. '_ The ill-defined and amorphous category
of "fundamental" rights does not provide the Court, however, with
a very adequate basis for ascertaining the intensity of the
required review where an important personal right does not enjoy
the status afforded by a finding of "fundamentality."
Many important areas of human conduct and choice have not
been previously designated as _fundamentalo" As time goes on,
several new areas might be added to this favored list. Whether
the designation of fundamentality will be derived from the
penumbra principle of the Ninth Amendment or distilled from the
content of the Ninth Amendment, it is certain that the list of
rights requiring protection has not been exhausted° The
individual_s right to his choice of attire and grooming, to
engage in lawful employment or to refrain from work, to bear
children or to refrain from recreations to engage in charity or
to abstain from it, to improve his body and mind or to dissipate
theme or to possess, regardless of intents relatively harmless
substances -- all these remain within the area that requires
future attention and ascertainment°
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