Liberty the right to exist and the right to be free

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against the life, liberty and property of individuals. Liberty …the right to exist and the right to be free from arbitrary restraint or servitude...is deemed to embrace the right of man to enjoy the facilities with which he has been endowed…subject only to such restraint as are necessary for the common welfare." ...( City of Manila v. Hon. Laguio , Jr .)
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It cannot be denied that the primary animus behind the ordinance is the curtailment of sexual behavior. However, it cannot be denied that legitimate sexual behavior among willing married or consenting single adults which is constitutionally protected will be curtailed as well. The concept of liberty compels respect for the individual whose claim to privacy and interference demands respect. The right to privacy as a constitutional right was recognized in Morfe v. Mutuc , the invasion of which should be justified by a compelling state interest. Other legitimate activities cannot be discounted as there are very legitimate uses for a wash rate or renting the room out for more than twice a day. More importantly, a reasonable relation must exist between the purposes of the measure and the means employed for its accomplishment. Lacking a concurrence of these requisites, the police measure shall be struck down as an arbitrary intrusion into private rights. The behavior which the Ordinance seeks to curtail is in fact already prohibited and could in fact be diminished simply by applying existing laws. Further, it is apparent
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  • Fall '19
  • Law, Ordinance

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