Somewhere in the U.S. There's a State Supreme Court That Let Stand a $165,000 Fine to a Homeowner Whose Family Parked Their Cars in Her Own Driveway.

The choice of household companions—of whether a person’s ‘intellectual and emotional needs’ are best met by living with family, friends, professional associates, or others—involves deeply personal considerations as to the kind of quality of intimate relationships within the home. That decision surely falls within the ambit of the right to privacy protected by the Constitution.

Justice William O. Douglas – Dissenting Opinion in Village of Belle Terre v. Boraas

Justice William O. Douglas delivered a dissenting opinion in the case, highlighting several points of concern regarding the zoning ordinance:

Infringement on Individual Liberties:

Douglas argued that the ordinance imposed undue restrictions on personal freedoms. He believed that the state should not have the authority to dictate how individuals arrange their living situations, which he viewed as a fundamental aspect of personal liberty.

Exclusionary Practices:
He criticized the ordinance for its exclusionary nature, suggesting it aimed to preserve a specific community character at the expense of inclusivity. Douglas contended that such regulations could lead to the marginalization of certain groups, particularly those who might not fit the traditional concept of a "family," such as students or single individuals sharing housing.

Social and Economic Implications:
Douglas emphasized the negative social and economic consequences of such zoning laws, arguing that they contributed to housing shortages and made it more difficult for individuals, particularly young people, to find affordable living arrangements. He saw the ordinance as a barrier to creating vibrant and diverse communities.

Douglas's dissent reflected his commitment to protecting civil liberties and promoting inclusivity, and he often championed the rights of individuals in the context of government regulations.

Political Makeup of the Supreme Court in 1974
Majority Justices (6 in Favor)

Warren E. Burger (Chief Justice) – Conservative
William H. Rehnquist – Conservative
Harry Blackmun – Moderate
Lewis F. Powell Jr. – Moderate to conservative
Byron R. White – Moderate
Potter Stewart – Moderate

Dissenting Justices (3 Against)

Thurgood Marshall – Liberal
William O. Douglas – Liberal
William J. Brennan Jr. – Liberal

Clarification on Abstentions

There were no abstentions in this case; all justices participated in the vote.
Summary of Decisions

Votes in Favor of the Ordinance: 6
Votes Against the Ordinance (Dissent): 3

You use a decision from 1974 to justify anything concerning capitalism in conservative Florida in 2025!