In the case of Phelps v. Board of Education of West New York et al., 1936, the US Supreme Court ruled in favor of a teacher who was dismissed from her position due to her marriage. The court held that such dismissal violated the contractual rights provided by tenure laws and thus constituted an infringement on personal liberties protected under the Fourteenth Amendment's Due Process Clause. The plaintiff, Mrs. Agnes T. Phelps, had been employed as a public school teacher for over ten years when she married and was subsequently terminated based on a resolution passed by the defendant board which prohibited employment of married women teachers in their schools. In its decision, the Supreme Court emphasized that marriage is not grounds for termination unless it directly affects one’s ability to perform job duties effectively.

In the dissenting opinion for Phelps v. Board of Education of West New York et al., Justice Cardozo disagreed with the majority's decision to uphold a law that allowed public schools in New Jersey to dismiss teachers based on their political beliefs. He argued that this law violated the First Amendment rights of free speech and association, as it effectively punished individuals for holding certain political views. Furthermore, he contended that there was no evidence showing these teachers' political affiliations had any negative impact on their ability to perform their duties or posed any threat to school operations or student welfare. Therefore, he believed such a broad restriction was not justified and infringed upon fundamental constitutional protections.