[invokestatic]

It's actually written in the Constitution that we as Americans enjoy many rights that aren't explicitly written in the text. It's in the 9th amendment and 14th amendment due process clause.

The 14th, to me, encompasses everything that it means to be American: self-autonomy. The right to marry outside our race, the right to choose our sexual partner, the right to birth control are established in the due process clause.

[rhinoceraptor]

The issue there is the reactionaries who claim to be 'textualists' and 'originalists' have all but decided the ninth amendment is meaningless.

Scalia said, "the Constitution's refusal to 'deny or disparage' other rights is far removed from affirming any one of them, and even farther removed from authorizing judges to identify what they might be, and to enforce the judges' list against laws duly enacted by the people".

Of course, anyone with a brain can see that Scalia was the first to abandon textualism or the reactionary idea that judges should not engage in 'judicial activism' whenever they came in conflict with conservative policy.

[Chris2048]

How does this relate to this issue? I don't see that the SCOTUS has contradicted the 9th by saying what isn't in the constitution.

[wilsonnb3]

> The right to marry outside our race, the right to choose our sexual partner, the right to birth control are established in the due process clause.

The rights to choose your sexual partner and marry outside your race are also established in the Equal Protection clause, which gives them a stronger basis in the constitution than birth control and abortion which solely rely on substantive due process.

[lesstyzing]

If the constitution is so vague that different judges will interpret it completely differently (and it "encompasses everything that it means to be American"), you need to fix the constitution. Having judges interpret vague things the way the people of the day want is a recipe for...exactly what's happening now.

[the_solenoid]

I thought we have inalienable rights, and the constitution is there to carve out where we DONT have them.

http://www.notguiltynj.com/our-constitution-doesnt-give-us-r...

[tshaddox]

> The right to marry outside our race, the right to choose our sexual partner, the right to birth control are established in the due process clause.

Lest they be accused of inconsistency, this Supreme Court likely intends to remove any existing protections for those rights as well.