The State failed to demonstrate that couples did not possess a right to make private decisions as to when and how many children they would have. This law, however, operates directly on an intimate relation of husband and wife and their physician's role in one aspect of that relation. The association of people is not mentioned in the Constitution nor in the Bill of Rights. Nor is the right to study any particular subject or any foreign language. Yet the First Amendment has been construed to include certain of those rights.
Various guarantees create zones of privacy.
The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. We deal with a right of privacy older than the Bill of Rights - older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. Yet it is an association for as noble a purpose as any involved in our prior decisions.