n. 5. Instead, courts must make “a careful assessment” of a relationship’s “degree of selectivity in decisions to begin and maintain the affiliation and seclusion from others in critical aspects of the relationship,” to determine whether it will qualify as “protected.” Roberts v. U.S. Jaycees, 468 U.S. at 620, 104 S.Ct. 3244. See Trujillo v. Bd. of Cnty. Comm’rs, 768 F.2d at 1189 n. 5. [21-25] The right of familial association is a substantive due-process right the Fourteenth Amendment protects. See Griffin v. Strong, 983 F.2d at 1547 (citing Shondel v. McDermott, 775 F.2d 859, 865-66 (7th Cir.1985)). “This substantive right is consonant with the right of privacy.” Griffin v. Strong, 983 F.2d at 1547. See Hodgson v. Minnesota, 497 U.S. 417, 446, 110 S.Ct. 2926, 111 L.Ed.2d 344 (1990) (<HOLDING>). “Evaluation of . a part/s Fourteenth
recognizing the existence of the special relationship recognizing justification of marital testimonial privilege as modified by trammel because it furthers the important public interest in marital harmony holding that elements of rape do not include proof of the absence of a marital relationship between the accused and the victim holding that statute outlawing use of contraceptive devices was an unlawful invasion of the privacy of marital relationship recognizing a privacy interest in the intimacies of the marital relationship