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Please don't misunderstand me, I'm not against statements of the form "this right is valuable because...". But I don't like this idea that fundamental human rights must have practical justifications. For example, I like how the Declaration of Independence says "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." There's no attempt to justify them, just a plain statement that "GFY, obviously we have these rights". As to privacy in particular, I don't think it's a stretch to interpret (4th am) the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" as articulating support for our modern concept of privacy. Sure, today's corrupt politicized SCOTUS could decide to interpret it otherwise. But it seems naive to think that justification based on fear of discrimination is going to prevent that disreputable politicized SCOTUS from interpreting it to some ends (i.e. outcomes favored by the parties lavishing upon them tangible gifts), no matter how well you argue it. So, sure, go ahead, argue for our rights on any basis you can find. I hope you succeed. |