Which type of rights are protected by substantive due process?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Substantive due process is a constitutional doctrine that protects certain rights from government interference, emphasizing the protection of fundamental rights that are essential to the notion of liberty and justice. Among these, fundamental rights include personal decisions related to family, marriage, parenting, and access to contraception.

The protection of these fundamental rights is deeply rooted in constitutional law and has been established through various landmark Supreme Court cases, which recognized that government actions infringing upon these rights must meet a strict level of scrutiny. This level of scrutiny is applied because these rights are deemed so essential that any infringement must be justified by a compelling state interest and narrowly tailored to achieve that interest.

In contrast, public health rights, rights related to economic activity, and community safety rights do not generally fall under the category of substantive due process since they are not considered fundamental rights. They may be subject to rational basis review, which is a lower standard than that applied to fundamental rights. Thus, choices involving these aspects do not provide the same level of protection against government infringement as those concerning fundamental rights like family decisions and contraception. This is why the correct answer is centered around those rights that express personal autonomy and intimate matters, which are safeguarded under substantive due process.

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