Cite as 349 Ark. 600 (2002)
not directly injure society." Id. at 494-95 (quoting Commonwealth v. Campbell, 133 Ky. 50, 117 S.W. 383, 386 (1909)) (emphasis in original).
[19] This court must now explore the rights granted to the citizens of Arkansas. No right to privacy is specifically enumerated in the Arkansas Constitution.[1] However, Article 2, Section 29, provides that the rights enumerated in our constitution must not be construed in such a way as to deny or disparage other rights retained by the people:
This enumeration of rights shall not be construed to deny or disparage others retained by the people and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government, and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.
Ark. Const. art. 2, § 29. Therefore, we begin by looking to the language of other constitutional provisions in order to determine whether a right to privacy is inherent in our constitutional guarantees under the Arkansas Constitution.
[20] Article 2, Section 2, guarantees our citizens certain inherent and inalienable rights, including the enjoyment of life and liberty and the pursuit of happiness:
All men are created equally free and independent, and have certain inherent and inalienable rights, amongst which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.
Ark. Const. art. 2, § 2. Sections 8 and 21 of Article 2 also ensure that no Arkansan will be deprived of life, liberty, or property
- ↑ The right to privacy is specifically mentioned in Amendment 51, Section 6, assuring a voter's "right to privacy in deciding whether to register or in applying to register to vote . . . ." Ark. Const. amend. 51, § 6.
