Elected governments, for example, should not have the power to determine whether or how we worship; they should not decide what books we may read, what movies we may watch, or what may be taught in universities; and they shouldn’t decide the race or gender of the people we marry. Although the scope of rights to be protected will always be a matter of some dispute (and will likely change over time), there clearly exists a broad range of individual liberties that, in the words of Justice Jackson, “may not be submitted to vote; they depend on the outcome of no elections.”
