ABSTRACT

Privacy as autonomy represents a more comprehensive as well as highly controversial definition of privacy. This concept of privacy is not merely the right to be let alone, to be free from governmental invasions, but also the personal right to determine for one whether to perform a specific act or undergo a particular experience. The liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relationships in the privacy of their homes and their own private lives and "still retain their dignity as free persons". The substantive due process approach enabled the Court to take a broad view of "liberty" and "property", and thus find protected interests not specifically enumerated in the Constitution. The Court has held that although a state has a legitimate interest in ensuring that abortion is safe, even those regulations that advance a legitimate state interest must not place an undue burden on a woman's right to have an abortion.