# Does the Ninth Amendment to the United States Constitution itself protect individuals from State infringement of unenumerated rights? **URL:** \ **Category:** Great Debates\ **Created:** [October 3, 2020, 4:37pm UTC](https://boards.straightdope.com/t/does-the-ninth-amendment-to-the-united-states-constitution-itself-protect-individuals-from-state-infringement-of-unenumerated-rights/922125 "2020-10-03T16:37:34Z")\ **Posts on this page:** 1\ **Showing post:** 7
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [October 4, 2020, 10:20pm UTC](https://boards.straightdope.com/t/does-the-ninth-amendment-to-the-united-states-constitution-itself-protect-individuals-from-state-infringement-of-unenumerated-rights/922125/7 "2020-10-04T22:20:22Z")
> [@Max\_S](#): > > I will address this right here. I do allow for federal judicial _review_ of unenumerated rights. If, for example, a woman comes to court claiming that the State infringed her right to marry another woman, the court is entirely justified in _reviewing_ whether the right to same-sex marriage is an enumerated right protected against State infringement by the text of the Constitution. Oh, I forgot to mention something. Congress would have to create a private cause of action (as they currently try to do with 43 U.S.C. ยง1983) through their Fourteenth Amendment enforcement power for this kind of case to make it to federal court, otherwise the State can simply claim sovereign immunity and have the case dismissed on Eleventh Amendment grounds. See _Hans v. Louisiana_ and my [other topic](https://boards.straightdope.com/t/amendment-to-provide-federal-jurisdiction-when-a-state-violates-your-federal-rights/837522) on that issue. ~Max --- _[View the full topic](https://boards.straightdope.com/t/does-the-ninth-amendment-to-the-united-states-constitution-itself-protect-individuals-from-state-infringement-of-unenumerated-rights/922125)._