Legal Definitions - freedom of intimate association

Freedom of Intimate Association refers to a constitutional right that protects an individual's ability to form and maintain certain highly personal relationships without unwarranted government interference. These relationships are typically characterized by their small size, a high degree of selectivity in choosing members, seclusion from others, and the deep emotional bonds and shared activities they entail. This right is considered fundamental because such relationships are essential to personal liberty, individual identity, and the pursuit of happiness.

Here are some examples illustrating the freedom of intimate association:

• Marriage and Family Formation: Imagine a state law that attempts to prohibit individuals from marrying someone of a different ethnic background, or that dictates who can adopt children based on arbitrary criteria unrelated to parental fitness. The freedom of intimate association protects the fundamental right of two consenting adults to choose their spouse and establish a family, regardless of government disapproval based on such classifications. This relationship is deeply personal, selective, and involves profound emotional and practical commitments, making it a prime example of intimate association.

• Private Living Arrangements: Consider a city ordinance that strictly limits the number of unrelated individuals who can live together in a single-family home, even if those individuals share a close, family-like bond and consider themselves a household. While governments have legitimate interests in zoning, an overly broad restriction could infringe upon the freedom of intimate association if it prevents a small group of individuals who have chosen to live together in a deeply personal, communal, and selective arrangement from doing so. This right protects their choice to form a household based on close personal ties, even if they are not biologically related or legally married.

• Close Friendships and Small Social Groups: Suppose a government agency attempts to compel a small, private book club or a close circle of friends to admit new members against their will, or to disclose their private discussions, without a compelling reason. The freedom of intimate association protects the right of individuals to choose their close companions and to maintain the privacy of their interactions within these selective groups. While this right is not absolute and might yield to strong public interests in certain contexts (e.g., preventing discrimination in public accommodations), it generally safeguards the ability of a small, private group to select its members and conduct its affairs without undue government intrusion, recognizing the personal and selective nature of such friendships.