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According to United States Supreme Court precedent, although the U.S. Constitution does not
expressly state that there is a fundamental right of privacy, such a right does exist, arising from
the penumbras of various other rights expressly protected in the text of the Constitution. Based
on finding such a privacy right, the Supreme Court has held that there is a right to use
contraceptives, a right to abort an unborn child, a right to engage in various sexual acts, and a
right to same-sex marriage. Explain whether the Supreme Court, in finding such a fundamental
right of privacy, acted properly in terms of the separation of powers established by our founders in the U.S. Constitution. Be sure to inform your response by drawing upon your assigned readings and chapter 10 of your textbook and applying a comprehensive separation of church and state and separation of powers analysis.

 

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