Legal Definitions - fundamental interest

Fundamental Interest

A fundamental interest is a right that is derived from natural or fundamental law. It is a significant component of liberty that is protected by the courts to ensure that the government does not violate it without a sound justification. When a law is challenged for violating a fundamental interest, the court applies strict scrutiny to determine whether the law violates the Due Process Clause or the Equal Protection Clause of the 14th Amendment. Examples of fundamental interests include voting, interstate travel, and various aspects of privacy such as marriage and contraception rights.

• Voting: The right to vote is a fundamental interest protected by the Constitution. Any law that restricts or denies this right must be carefully scrutinized by the courts to ensure that it does not violate the Constitution.
• Marriage: The right to marry is also considered a fundamental interest. Laws that prohibit certain individuals from marrying based on their race, gender, or sexual orientation are subject to strict scrutiny by the courts.
• Interstate Travel: The right to travel freely between states is another fundamental interest. Any law that restricts this right must be carefully scrutinized to ensure that it does not violate the Constitution.

These examples illustrate how fundamental interests are protected by the courts and how laws that restrict or deny these rights must be carefully scrutinized to ensure that they do not violate the Constitution.