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 Homosexual couples More than two Prostitution In public With children With animals

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

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

Margaret Sanger -- Student Project

Margaret Sanger and Eugenics

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

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

Constitutional Rights and Precedents Pierce v Society of Sisters Case 3:Poe Case 2: Skinner

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

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

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

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

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

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

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

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?

Constitutional Rights and Precedents Poe Eisenstadt Griswold