In the 1974 case of Village of Belle Terre et al. v. Boraas et al., the U.S Supreme Court upheld a zoning ordinance in the village of Belle Terre, New York that restricted land use to single-family dwellings and defined 'family' as related individuals living together. The defendants were college students who rented a house together and did not meet this definition; they argued that their constitutional rights were violated by this ordinance. However, the court ruled in favor of Belle Terre with a 6-3 decision, stating that it was within its power to regulate land use for preserving quiet neighborhoods intended for family life without violating due process or equal protection clauses under Fourteenth Amendment.

In the dissenting opinion for Village of Belle Terre v. Boraas, Justice Thurgood Marshall argued that the zoning ordinance was discriminatory and violated equal protection rights. He believed that it unfairly targeted non-traditional families and student groups who wished to live together in a single-family home, while favoring traditional family units. Furthermore, he expressed concern about governmental intrusion into citizens' private lives by dictating with whom they can share their homes. According to him, such decisions should be left up to individuals rather than being regulated by local governments through zoning laws. Additionally, he questioned whether there was any substantial relationship between the ordinance's restrictions on occupancy and its stated goals of reducing noise or maintaining property values.