The ninth amendment, is, unfortunately, never really used in american jurisprudence. Bork, during his confirmation hearings, famously said that it's very vague and unclear and it would be the same thing if there had been "an inkblot on the constitution" in place of the ninth amendment.

Its very purpose, to not limit our rights simply to those enumerated in the bill of rights, has been ignored. It was added to the bill of rights to appease those who didn't want a bill of rights at all, fearing that an enumeration of rights would limit them. And even with this wonderful amendment, this exact same thing has happened. Jurists like Scalia routinely love to say, "if it's not in the constitution, we can't rule on it" and therefore, routinely ignore the explicit and (to me) clear text of the 9th amendment.

Returning to Griswold v. CT, the case that used,

-in the majority, the penumbras and emanations doctrine (since no longer used)

- Justice Black: the concept of rights of ordered liberty (the current foundation of the right to privacy, from which Roe v. Wade and Lawrence v. Texas spawn)

- Justice Goldberg: based his argument on the 9th amendment, saying that even though it's not in the constitution, there is a right for people to be free from state intrusions into their bedrooms, specifically to contraceptives.

And that is one of the few times ever it was used. Very very sad, but true.

What to do?...

Yes europeans have more religious freedom than here

No one in western europe has their sex life or expression supervised by a religiously inspired govt. unlike in the U.S, in islamic coutnries, and everywhere else in the world. What people there do NOT have is the freedom to impose their religion on others, which is what the head scarf prohibition in France is about. If the laws allow one community to set up and enforce extra legal standards and informally punish deviation then individuals are no longer free to choose.

-- anon

You just don't get it. what about freedom of expression through clothing? what about the fact that abortions are illegal in finland and germany?

how do you see any consistency between "No one in western europe has their sex life or expression supervised by a religiously inspired govt." and france not allowing girls to wear hijabs? They don't care about sikhs wearing hats, or jews in kippas, but muslims?! awww shit.