"49. Those who like Roe v Wade claim that substantive due process allows the Court to meet present day challenges. It reflects ‘living constitutionalism’, and is consistent with the drafters’ intent. After all, as Chief Justice Rehnquist has said, somewhat ironically given his position in Roe v Wade, ‘Where the framers of the Constitution...used general language, they have given latitude to those who would later interpret the instrument to make that language applicable to cases that the framers might not have foreseen’ (Rehnquist 403). Substantive due process has permitted, among other outcomes, constitutional protection for same-sex relationships. In Lawrence v Texas, for example, the Court, citing Roe v Wade and other cases, held that the criminalization of same-sex intimate conduct violated the Due Process Clause of the Fourteenth Amendment. In Obergefell v Hodges, the Court held that the Due Process and the Equal Protection Clauses entitled same-sex couples to marry."