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Published byDarcy Lane Modified over 8 years ago
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Regulation of Sexuality Sex Activities Who, Where, When Sex/Gender linked behaviors Forms of Regulation
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Sex Activities Penile-Vaginal Sex –Procreative –Non-Procreative Oral Sex Anal Sex Masturbation S&M B&D Fetishistic Sex
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Who, Where, When Husband and Wife Non-marital hetero Homosexual couples More than two Prostitution In public With children With animals
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Sex/Gender Display Lewd conduct Prostitution/soliciting, etc. Cross-dressing Sexualized speech/pornography Contraception Abortion
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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
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Margaret Sanger -- Student Project
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Margaret Sanger and Eugenics
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Is Birth Control “Medicine”? Kinds of Birth Control –Condoms –Diaphragms –Foam –Pills –?? Who Controls? Purpose(s)? Role of Physicians? Role of State [comparative & historical]
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Constitutional Right of Privacy Textual Source Context /Purpose Current Understandings History and Tradition If is such a right: is this claim included?
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Constitutional Rights and Precedents Pierce v Society of Sisters Case 3:Poe Case 2: Skinner
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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
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Poe (Harlan) Key facts Source and scope of right –Level of Review State interest: goal and means Private interest Holding –Narrow –Broad
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Griswold (Douglas) Key facts Source and scope of right –Level of Review State interest: goal and means Private interest Holding –Narrow –Broad
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Griswold (Goldberg) Key facts Source and scope of right –Level of Review State interest: goal and means Private interest Holding –Narrow –Broad
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Griswold (White) Key facts Source and scope of right –Level of Review State interest: goal and means Private interest Holding –Narrow –Broad
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Griswold – a bit more Justice’s views of privacy –Place? –Activity? “Marital Relationship” vs. “Sex” Whose Rights: –Couples –Men and/or women –physicians
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Eisenstadt (Brennan) Key facts Constitutional Right State interest: goal and means Private interest Holding –Narrow –Broad
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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?
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Constitutional Rights and Precedents Poe Eisenstadt Griswold
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