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Judicial Challenges to Sodomy Laws

Judicial Challenges to Sodomy Laws. Meanings of Sodomy?. http://www.onelook.com/?w=sodomy&ls=a. Issues to examine in Opinions. Doctrine/rule Use of precedents Proposed limits of privacy right Role of morality in law. Due Process. 1. State legislation: presumptively permissible

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Judicial Challenges to Sodomy Laws

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  1. Judicial Challenges to Sodomy Laws

  2. Meanings of Sodomy? • http://www.onelook.com/?w=sodomy&ls=a

  3. Issues to examine in Opinions • Doctrine/rule • Use of precedents • Proposed limits of privacy right • Role of morality in law

  4. Due Process • 1. State legislation: presumptively permissible • 2. Individual claim: THIS is protected by dp • 3. How to define the THIS at issue • 4. Criteria: • Is THIS essential to a concept of ordered liberty? • Is THIS deeply rooted in the traditions and history of our people? • Is THIS sufficiently similar to things already found to be fundamental rights/ part of the “right of privacy”?

  5. Onofre majority: Jones, J. • Doctrine/rule • Use of precedents • Proposed limits of privacy right • Role of morality in law

  6. Onofre dissent: Gabrielli, J. • Doctrine/rule • Use of precedents • Proposed limits of privacy right • Role of morality in law

  7. Bowers: White, J. • Doctrine/rule • Use of precedents • Proposed limits of privacy right • Role of morality in law

  8. Bowers: Blackmun, J. dissent • Doctrine/rule • Use of precedents • Proposed limits of privacy right • Role of morality in law

  9. Bowers:Stevens, J. dissent • Doctrine/rule • Use of precedents • Proposed limits of privacy right • Role of morality in law

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