NCJ Number
16660
Journal
Michigan Law Review Volume: 72 Issue: 8 Dated: (AUGUST 1974) Pages: 1613-1637
Date Published
1975
Length
25 pages
Annotation
EXAMINES THE CONSTITUTIONAL PROS AND CONS RELATIVE TO THE PROHIBITION OF PRIVATE HOMOSEXUAL ACTS BETWEEN CONSENTING PERSONS.
Abstract
COMPELLING STATE INTERESTS IN CONTROLLING VENEREAL DISEASE, PROMOTING TRADITIONAL HETEROSEXUAL MARRIAGES, AND IN SETTING THE TRADITIONAL SEXUAL BEHAVIORAL PATTERNS OF SOCIETY ARE VIEWED AS THE MAIN CONSTITUTIONAL ARGUMENTS FOR PRESERVING THE PROSCRIPTION OF PRIVATE, CONSENTING ADULT HOMOSEXUAL BEHAVIOR. IT IS ARGUED, HOWEVER, THAT IN EXTENDING THE RIGHT OF PRIVACY TO ALL FORMS OF HETEROSEXUAL CONDUCT, THE COURTS HAVE GONE SO FAR THAT EXCLUSION OF HOMOSEXUALITY CANNOT BE JUSTIFIED. IT IS FELT THAT THE PRIVACY ARGUMENT SHOULD IN TIME BE THE BASIS FOR DECRIMINALIZING PRIVATE, CONSENSUAL ADULT HOMOSEXUAL ACTIVITY.