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“There’s the rights spelled out in the text of the constitution,” such as rights to bear arms or against unreasonable search and seizure, “and there’s other rights, like the right to marry and the right to parent that are not in the text of the constitution”.

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Those are rights established by substantive due process. For example, in 1965 the court struck down birth control bans for married couples in Griswold v Connecticut.

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