---
title: "Substantive Due Process"
type: Legal Term
source: https://casebriefly.com/legal-terms/substantive-due-process
---

# Substantive Due Process

Substantive due process protects fundamental rights from government interference, even when fair procedures are provided. It asks whether the government has an adequate justification for depriving a person of life, liberty, or property. Laws that burden fundamental rights (such as privacy, marriage, and family autonomy) are subject to strict scrutiny, while those affecting non-fundamental liberty interests receive rational basis review. The doctrine has been used to protect unenumerated rights not explicitly listed in the Constitution.

## Related Terms

- due-process
- procedural-due-process
- strict-scrutiny

## Related Cases

- lochner-v-new-york
- roe-v-wade
- lawrence-v-texas
- obergefell-v-hodges
- cruzan-v-missouri-dept-of-health

## Example

A state law criminalizes private, consensual intimate conduct between adults. This burdens a fundamental liberty interest and may violate substantive due process.

---
Source: [Substantive Due Process — CaseBriefly](https://casebriefly.com/legal-terms/substantive-due-process)