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Regulation of Sexuality

Regulation of Sexuality. Sex Activities Who, Where, When Sex/Gender linked behaviors Forms of Regulation. Sex Activities. Penile-Vaginal Sex Procreative Non-Procreative Oral Sex Anal Sex Masturbation S&M B&D Fetishistic Sex. Who, Where, When. Husband and Wife Non-marital hetero

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Regulation of Sexuality

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  1. Regulation of Sexuality • Sex Activities • Who, Where, When • Sex/Gender linked behaviors • Forms of Regulation

  2. Sex Activities • Penile-Vaginal Sex • Procreative • Non-Procreative • Oral Sex • Anal Sex • Masturbation • S&M • B&D • Fetishistic Sex

  3. Who, Where, When • Husband and Wife • Non-marital hetero • Homosexual couples • More than two • Prostitution • In public • With children • With animals

  4. Sex/Gender Display • Lewd conduct • Prostitution/soliciting, etc. • Cross-dressing • Sexualized speech/pornography • Contraception • Abortion

  5. Forms of Regulation State Criminalization Loss of Access to State Benefits Society Social Disapproval Loss of Access to Private Benefits Material vs Symbolic Statements of Disapproval Disgust

  6. Margaret Sanger -- Student Project

  7. Margaret Sanger and Eugenics

  8. Is Birth Control “Medicine”? • Kinds of Birth Control • Condoms • Diaphragms • Foam • Pills • ?? • Who Controls? • Purpose(s)? • Role of Physicians? • Role of State [comparative & historical]

  9. Constitutional Right of Privacy • Textual Source • Context /Purpose • Current Understandings • History and Tradition • If is such a right: is this claim included?

  10. Constitutional Rights and Precedents

  11. Constitutional Rights Jurisprudence • What individual right at stake? • What state interest being furthered? • What level of review (explicit or implicit) • How much deference to state choices re • Goal • Means

  12. Poe (Harlan) • Key facts • Source and scope of right • Level of Review • State interest: goal and means • Private interest • Holding • Narrow • Broad

  13. Griswold (Douglas) • Key facts • Source and scope of right • Level of Review • State interest: goal and means • Private interest • Holding • Narrow • Broad

  14. Griswold (Goldberg) • Key facts • Source and scope of right • Level of Review • State interest: goal and means • Private interest • Holding • Narrow • Broad

  15. Griswold (White) • Key facts • Source and scope of right • Level of Review • State interest: goal and means • Private interest • Holding • Narrow • Broad

  16. Griswold – a bit more • Justice’s views of privacy • Place? • Activity? • “Marital Relationship” vs. “Sex” • Whose Rights: • Couples • Men and/or women • physicians

  17. Eisenstadt (Brennan) • Key facts • Constitutional Right • State interest: goal and means • Private interest • Holding • Narrow • Broad

  18. Can the State proscribe sexual activity? Which? • Based on Harlan in Poe • Based on Douglas in Griswold? • Based on White in Griswold? • After Eisenstadt? Are these cases about procreation or sex? Or both?

  19. Constitutional Rights and Precedents

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