Changes

Another famous case picked up substantive due process as a constitutional "hook" before it became popularized in the 1970s - the famous case outlawing [[miscegenation]] statutes, ''Loving v. Virginia''.  The Lovings,a mixed-race couple, sought to have their marriage accepted in their home state of Virginia, which, like many other Southern states, had outlawed mixed-race marriages.  Although the Court invalidated this ban (forcing Virginia to recognize the Lovings' marriage and striking another blow against [[Jim Crow]] laws and racism) on equal protection grounds, the case included a line near the end, almost as an afterthought, describing the right to marriage as a substantive right, fundamental to human life, which the state could not lightly intrude upon.<ref>Loving v. Virginia, pincite to follow when less busy</ref>  Due process, though, would not be picked up again by a discrimination case for another 40 years.<ref>Lawrence v. Texas, resting a decision to invalidate a Texas law criminalizing sodomy on substantive due process grounds, with a hint of equal protection rhetoric.</ref>

Another famous case picked up substantive due process as a constitutional "hook" before it became popularized in the 1970s - the famous case outlawing [[miscegenation]] statutes, ''Loving v. Virginia''.  The Lovings,a mixed-race couple, sought to have their marriage accepted in their home state of Virginia, which, like many other Southern states, had outlawed mixed-race marriages.  Although the Court invalidated this ban (forcing Virginia to recognize the Lovings' marriage and striking another blow against [[Jim Crow]] laws and racism) on equal protection grounds, the case included a line near the end, almost as an afterthought, describing the right to marriage as a substantive right, fundamental to human life, which the state could not lightly intrude upon.<ref>Loving v. Virginia, pincite to follow when less busy</ref>  Due process, though, would not be picked up again by a discrimination case for another 40 years.<ref>Lawrence v. Texas, resting a decision to invalidate a Texas law criminalizing sodomy on substantive due process grounds, with a hint of equal protection rhetoric.</ref>

== Griswold Era ==                                                                                             

==Griswold v. Connecticut==                                                                                             

Changing sexual norms, and conservative reactions to these norms, brought about [[Griswold v. Connecticut]].  In the case, Connecticut had forbidden the sale of contraception materials to married couples.

In the case [[Griswold v. Connecticut]], Connecticut had forbidden the sale of contraception materials to married couples.

== The Roe Controversy, and its Progeny ==                                                                     

== The Roe Controversy, and its Progeny ==