Louisiana Constitution right to privacy held to protect conse nsua l oral sex

[Volokh, Eugene]

        Likewise for the La Ct App case, which said that "There can be
no doubt that the right of consenting adults to engage in private
non-commercial sexual activity, free from governmental interference, is
protected by the privacy clause of the Louisiana Constitution [subject
to strict scrutiny]."  This of course doesn't dispose of Sandy's legal
realism point?

> -----Original Message-----
> From: David Cruz [SMTP:dcruz at LAW.USC.EDU]
> Sent: Monday, March 15, 1999 9:33 PM
> To:   CONLAWPROF at listserv.ucla.edu
> Subject:      Re: Louisiana Constitution right to privacy held to
> protect conse nsua l oral sex
>
> Although one might try to distinguish it if the issue actually arises,
> the
> recent opinion for the Georgia Supreme Court in State v. Powell
> (striking
> down Georgia's infamous sodomy law) is written in a way that would
> extend
> to consensual adult incest, since it found that the state
> constitutional
> right to privacy protects private, consensual (hence adult),
> noncommercial
> sexual conduct.
>
> -David Cruz, USC Law (Cal.)
>
> On Mon, 15 Mar 1999, Sanford Levinson wrote:
>
> > I applaud the Louisiana decision, but the rationale can't really be
> > Michael's can it?  Is it likely, for example, that the Louisiana
> Supreme
> > Court would throw out an incest charge involving consenting adults
> who
> > happen to be brother and sister, mother and son, etc.?  Recall, for
> > example, that Justice Blackmun insisted that upholding Hardwick's
> > constitutional right to sexual intimacy did not require him (i.e.,
> > Blackmun) to find constitutional protection for adultery or incest.
> Isn't
> > the point, for most of us, *not* that the activity is
> "quintessentially
> > private," as would be the incest, but, rather, as Rick and others on
> this
> > list fear, that most (though surely not all) of those who support
> the
> > decision find nothing at all troublesome in same-sex sexuality?
> >
> > Sandy Levinson
> >