The state of Arcadia enacts a law prohibiting all private consensual sexual activities between adults, regardless of gender or sexual orientation. Alex, who engages in such activities, is arrested under this law. Alex challenges the statute, claiming it violates their substantive due process rights. Which of the following is the most likely outcome of Alex's challenge?
The court will defer to the state's judgment regarding the law's compliance with constitutional principles.
The court will uphold the statute as an exercise of the state's police powers to regulate morality.
The court will strike down the statute as unconstitutional because it infringes upon the fundamental right to privacy protected by substantive due process.
The court will apply rational basis review and uphold the statute as it serves a government interest.
The correct answer identifies that private consensual sexual activity is a fundamental right protected under substantive due process, leading the court to strike down the statute as unconstitutional. The other options either fail to recognize the protection of fundamental rights or apply incorrect legal standards.
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How does the concept of fundamental rights relate to privacy in the context of this case?