JAN 30 - JAN 30 Wednesday JAN 30 From Bowers v...

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JAN 30 Wednesday JAN 30 From Bowers v. Handwick . (1986) to Lawrence v. TX (2003) Bowers – US Supreme Court upholds GA’s anti-sodomy laws, at least as applied to consensual homosexual sodomy Lawrence overturned Bowers – “The issue is whether the majority may use the power of the State to enforce those views on the whole society through the operation of the criminal law.” Constitutional Right to privacy Beginning in 1965, US Supreme Court holds the right of privacy to be implicit in the US Constitution (5th and 14th Amendments) and uses the right to privacy to uphold the right to use contraception (Grisweld, Eisenstalt) and right to abortion. Right to privacy founded on value of independent personal decision making Marriage, procreation, family, and childrearing fall under this right. Reasoning in Bowers GA law does not infringe right to privacy 1. Privacy have involved family, marriage and procreation 2. “No connection between family, marriage, or parenting…and “homosexual activity”
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Unformatted text preview: 3. Therefore privacy right does not cover consensual homosexual sodomy GA law has a rational basis: “the personal belief of a majority of the electorate in GA that homosexual sodomy is immoral and unacceptable Reasoning in Lawrence Right to privacy argument 1. Due Process Clauses (5 th and 14 th Amendment) Protect personal liberty 2. Liberty interest includes an interest in formulating and acting on a plan of life. 3. Individual dev. and pursue plans of life through forming personal bond 4. Sexual intimacy may be one element of an enduring personal bonds 5. Therefore, DPC protect rights to form such bonds “Moral nations” do not provide question defensible against for the GA law Our society is going to go to hell, if we allow this behavior and these moral obligations stem from religious beliefs. There is a legal enforcement on morality. But the legal enforcement infringes on liberty. Court must look at the rights of some and the right of privacy....
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  • Spring '08
  • Song
  • Law, Fourteenth Amendment to the United States Constitution, Lawrence v. Texas, consensual homosexual sodomy, GA law

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