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HistoryFactsPast privacy decisionsStatus of privacyA right to sodomy?Rational Basis ReviewEqual protection and LawrenceAgainst TexasIn favor of TexasHistoryStatus of privacyEqual protection and LawrenceBowers and LawrenceKevin J.S. ZollmanUniversity of California, IrvineNature of LawKevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsOutline1HistoryFactsPast privacy decisions2Status of pr ivacyA right to sodomy?Rational Basis Review3Equal protection and LawrenceAgainst TexasIn favor of TexasKevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsFacts of the casesPolice enter a home for a legitimate reasonThey find Bowers/Lawrence engaging in a “deviant sexualact” with another male.Bowers and Lawrence are arrested.Bowers is not charged, but claims the eminent threat ofarrest violates his constitutional rightsLawrence is charged and fined $100Kevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsFacts of the casesPolice enter a home for a legitimate reasonThey find Bowers/Lawrence engaging in a “deviant sexualact” with another male.Bowers and Lawrence are arrested.Bowers is not charged, but claims the eminent threat ofarrest violates his constitutional rightsLawrence is charged and fined $100Kevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsFacts of the casesPolice enter a home for a legitimate reasonThey find Bowers/Lawrence engaging in a “deviant sexualact” with another male.Bowers and Lawrence are arrested.Bowers is not charged, but claims the eminent threat ofarrest violates his constitutional rightsLawrence is charged and fined $100Kevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsFacts of the casesPolice enter a home for a legitimate reasonThey find Bowers/Lawrence engaging in a “deviant sexualact” with another male.Bowers and Lawrence are arrested.Bowers is not charged, but claims the eminent threat ofarrest violates his constitutional rightsLawrence is charged and fined $100Kevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsFacts of the casesPolice enter a home for a legitimate reasonThey find Bowers/Lawrence engaging in a “deviant sexualact” with another male.Bowers and Lawrence are arrested.Bowers is not charged, but claims the eminent threat ofarrest violates his constitutional rightsLawrence is charged and fined $100Kevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsFacts of the casesPolice enter a home for a legitimate reasonThey find Bowers/Lawrence engaging in a “deviant sexualact” with another male.Bowers and Lawrence are arrested.Bowers is not charged, but claims the eminent threat ofarrest violates his constitutional rightsLawrence is charged and fined $100Kevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsTwo statutesGeorgia Statute(a) A person commits the offense of sodomy when he performsor submits to a sexual act involving the sex organs of oneperson and the mouth or anus of another...(b) A person convicted of the offense of sodomy shall bepunished by imprisonment for not less than one nor more than20 yearsKevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsTwo statutesTexas StatuteA person commits an offense if he engages in deviate sexualintercourse with another individual of the same sex...Deviate sexual intercourse [is]:(A) any contact between any part of the genitals of one personand the mouth or anus of another person;(B)the penetration of the genitals or anus of another personwith an object.Kevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsExtent of privacy rights1Right to make choices about one’s child’s education(Pierce and Meyer)2Right to procreate (Skinner v. Oklahoma)3Right to marry whomever one chooses (Loving v. Virginia)4Contraceptives for married people (Griswold)5Contraceptive for unmarried people (Eisenstadt v. Baird)6Right of people under 16 to obtain contraceptives (Carey v.Population Services International)7Right of unmarr ied people to engage in procreative sex(Eisenstadt)8Right to own and view pornography in one’s home (Stanleyv. Georgia)9Right to terminate a pregnancy (Roe v. Wade)10Right to make choices about bearing a child (Roe, Carey)Kevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsExtent of privacy rights1Right to make choices about one’s child’s education(Pierce and Meyer)2Right to procreate (Skinner v. Oklahoma)3Right to marry whomever one chooses (Loving v. Virginia)4Contraceptives for married people (Griswold)5Contraceptive for unmarried people (Eisenstadt v. Baird)6Right of people under 16 to obtain contraceptives (Carey v.Population Services International)7Right of unmarr ied people to engage in procreative sex(Eisenstadt)8Right to own and view pornography in one’s home (Stanleyv. Georgia)9Right to terminate a pregnancy (Roe v. Wade)10Right to make choices about bearing a child (Roe, Carey)Kevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsExtent of privacy rights1Right to make choices about one’s child’s education(Pierce and Meyer)2Right to procreate (Skinner v. Oklahoma)3Right to marry whomever one chooses (Loving v. Virginia)4Contraceptives for married people (Griswold)5Contraceptive for unmarried people (Eisenstadt v. Baird)6Right of people under 16 to obtain contraceptives (Carey v.Population Services International)7Right of unmarr ied people to engage in procreative sex(Eisenstadt)8Right to own and view pornography in one’s home (Stanleyv. Georgia)9Right to terminate a pregnancy (Roe v. Wade)10Right to make choices about bearing a child (Roe, Carey)Kevin J.S. Zollman Bowers and LawrenceHistoryStatus of privacyEqual protection and LawrenceFactsPast privacy decisionsExtent of privacy rights1Right to make choices about one’s child’s education(Pierce and Meyer)2Right to procreate (Skinner v.


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