In the "Timbs" decision, one of Justice Thomas' stated reasons for preferring incorporation through the Privileges or Immunities Clause was what he perceived as the Court's failure to consistently or correctly define which rights are "fundamental" under the Due Process Clause. In Thomas' view, incorporation through Privileges or Immunities would allow the Court to exclude rights from incorporation which had erroneously been deemed fundamental in previous decisions. The examples of such rights that Thomas pointed to in "Timbs" were the right of a woman to seek an abortion and the right of same sex couples to marry.