UNNATURAL ACTS AND THE CONSTITUTIONAL RIGHT TO PRIVACY A MORAL THEORY

• NCJ Number: 42660
• Journal: Fordham Law Review Volume: 45 Issue: 6 Dated: (MAY 1977) Pages: 1281-1348
• Author(s): D A RICHARDS
• Date Published: 1977
• Length: 68 pages
• Corporate Author: Fordham University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXAMINES THE RELATIONSHIP BETWEEN MORAL IDEAS AND THE CONSTITUTIONAL RIGHT TO PRIVACY IN LIGHT OF THE U.S. SUPREME COURT'S FINDING IN DOE V COMMONWEALTH'S ATTORNEY FOR CITY OF RICHMOND (1976).

Abstract

IN DOE, THE COURT AFFIRMED THE CONVICTION OF A DEFENDANT WHO HAD BEEN FOUND GUILTY OF THE PRIVATE PERFORMANCE OF 'UNNATURAL' SEXUAL ACTS WITH ANOTHER CONSENTING ADULT. THE AUTHOR EXAMINES THE CONCEPT OF THE UNNATURAL AND THE CONTRACTARIAN MORAL THEORY AND THE CONSTITUTIONAL RIGHT TO PRIVACY TO DEMONSTRATE HOW CONTRACTARIAN MORAL THEORY ILLUMINATES THE MORAL BASIS AND PROPER INTERPRETATION OF THE CONSTITUTIONAL RIGHT TO PRIVACY. THE EXPLANATION OF THE UNNATURAL AND THE MORAL ANALYSIS OF THE RIGHT TO CONSTITUTIONAL PERMISSIBILITY OF STATE PROHIBITION OF UNNATURAL ACTS. THE ARTICLE PROPOSES AN ANALYSIS OF MORAL CONSIDERATIONS WHICH ESTABLISH THAT IT IS WHOLLY IMPROPER FOR THE STATE TO IMPOSE CRIMINAL SANCTIONS ON CERTAIN FORMS OF CONSENSUAL CONDUCT BETWEEN ADULTS IN PRIVATE FOR USE IN DECRIMINALIZATION DEBATES....EB