text:
Bowers v. Hardwick, 478 U.S. 186 (1986)
Supreme Court of the United States
Filed: September 11th, 1986
Precedential Status: Precedential
Citations: 478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. 2d 140, 1986 U.S. LEXIS 123
Docket Number: 85-140
Supreme Court Database ID: 1985-144
Author: Byron Raymond White

478 U.S. 186 (1986)
BOWERS, ATTORNEY GENERAL OF GEORGIA
v.
HARDWICK ET AL.

No. 85-140.
Supreme Court of United States.

Argued March 31, 1986
Decided June 30, 1986
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
*187 Michael E. Hobbs, Senior Assistant Attorney General of Georgia, argued the cause for petitioner. With him on the briefs were Michael J. Bowers, Attorney General, pro se, Marion O. Gordon, First Assistant Attorney General, and Daryl A. Robinson, Senior Assistant Attorney General.

Laurence H. Tribe argued the cause for respondent Hardwick. With him on the brief were Kathleen M. Sullivan and Kathleen L. Wilde.[*]

Briefs of amici curiae urging affirmance were filed for the State of New York et al. by Robert Abrams, Attorney General of New York, Robert Hermann, Solicitor General, Lawrence S. Kahn, Howard L. Zwickel, Charles R. Fraser, and Sanford M. Cohen, Assistant Attorneys General, and John Van de Kamp, Attorney General of California; for the American Jewish Congress by Daniel D. Levenson, David Cohen, and Frederick Mandel; for the American Psychological Association et al. by Margaret Farrell Ewing, Donald N. Bersoff, Anne Simon, Nadine Taub, and Herbert Semmel; for the Association of the Bar of the City of New York by Steven A. Rosen; for the National Organization for Women by John S. L. Katz; and for the Presbyterian Church (U. S. A.) et al. by Jeffrey O. Bramlett.

Briefs of amici curiae were filed for the Lesbian Rights Project et al. by Mary C. Dunlap; and for the National Gay Rights Advocates et al. by Edward P Errante, Leonard Graff, and Jay Kohorn.

JUSTICE WHITE delivered the opinion of the Court.

In August 1982, respondent Hardwick (hereafter respondent) was charged with violating the Georgia statute criminalizing *188 sodomy[1] by committing that act with another adult male in the bedroom of respondent's home. After a preliminary hearing, the District Attorney decided not to present the matter to the grand jury unless further evidence developed.

Respondent then brought suit in the Federal District Court, challenging the constitutionality of the statute insofar as it criminalized consensual sodomy.[2] He asserted that he was a practicing homosexual, that the Georgia sodomy statute, as administered by the defendants, placed him in imminent danger of arrest, and that the statute for several reasons violates the Federal Constitution. The District Court granted the defendants' motion to dismiss for failure to state a claim, relying on Doe v. Commonwealth's Attorney for the City of Richmond, 403 F. Supp. 1199 (ED Va. 1975), which this Court summarily affirmed,  425 U.S. 901 (1976).

*189 A divided panel of the Court of Appeals for the Eleventh Circuit reversed. 760 F.2d 1202 (1985). The court first held that, because Doe was distinguishable and in any event had been undermined by later decisions, our summary affirmance in that case did not require affirmance of the District Court. Relying on our decisions in Griswold v. Connecticut, 381 U.S. 479 (1965); Eisenstadt v. Baird, 405 U.S. 438 (1972); Stanley v. Georgia, 394 U.S. 557 (1969); and Roe v. Wade, 410 U.S. 113 (1973), the court went on to hold that the Georgia statute violated respondent's fundamental rights because his homosexual activity is a private and intimate association that is beyond the reach of state regulation by reason of the Ninth Amendment and the Due Process Clause of the Fourteenth Amendment. The case was remanded for trial, at which, to prevail, the State would have to prove that the statute is supported by a compelling interest and is the most narrowly drawn means of achieving that end.

Because other Courts of Appeals have arrived at judgments contrary to that of the Eleventh Circuit in this case,[3] we granted the Attorney General's petition for certiorari questioning the holding that the sodomy statute violates the fundamental rights of homosexuals. We agree with petitioner that the Court of Appeals erred, and hence reverse its judgment.[4]

*190 This case does not require a judgment on whether laws against sodomy between consenting adults in general, or between homosexuals in particular, are wise or desirable. It raises no question about the right or propriety of state legislative decisions to repeal their laws that criminalize homosexual sodomy, or of state-court decisions invalidating those laws on state constitutional grounds. The issue presented is whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy and hence invalidates the laws of the many States that still make such conduct illegal and have done so for a very long time. The case also calls for some judgment about the limits of the Court's role in carrying out its constitutional mandate.

We first register our disagreement with the Court of Appeals and with respondent that the Court's prior cases have construed the Constitution to confer a right of privacy that extends to homosexual sodomy and for all intents and purposes have decided this case. The reach of this line of cases was sketched in Carey v. Population Services International, 431 U.S. 678, 685 (1977). Pierce v. Society of Sisters, 268 U.S. 510 (1925), and Meyer v. Nebraska, 262 U.S. 390 (1923), were described as dealing with child rearing and education; Prince v. Massachusetts, 321 U.S. 158 (1944), with family relationships; Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535 (1942), with procreation; Loving v. Virginia, 388 U.S. 1 (1967), with marriage; Griswold v. Connecticut, supra, and Eisenstadt v. Baird, supra, with contraception; and Roe v. Wade, 410 U.S. 113 (1973), with abortion. The latter three cases were interpreted as construing the Due Process Clause of the Fourteenth Amendment to confer a fundamental individual right to decide whether or not to beget or bear a child. Carey v. Population Services International, supra, at 688-689.

Accepting the decisions in these cases and the above description of them, we think it evident that none of the rights announced in those cases bears any resemblance to the *191 claimed constitutional right of homosexuals to engage in acts of sodomy that is asserted in this case. No connection between family, marriage, or procreation on the one hand and homosexual activity on the other has been demonstrated, either by the Court of Appeals or by respondent. Moreover, any claim that these cases nevertheless stand for the proposition that any kind of private sexual conduct between consenting adults is constitutionally insulated from state proscription is unsupportable. Indeed, the Court's opinion in Carey twice asserted that the privacy right, which the Griswold line of cases found to be one of the protections provided by the Due Process Clause, did not reach so far. 431 U. S., at 688, n. 5, 694, n. 17.

Precedent aside, however, respondent would have us announce, as the Court of Appeals did, a fundamental right to engage in homosexual sodomy. This we are quite unwilling to do. It is true that despite the language of the Due Process Clauses of the Fifth and Fourteenth Amendments, which appears to focus only on the processes by which life, liberty, or property is taken, the cases are legion in which those Clauses have been interpreted to have substantive content, subsuming rights that to a great extent are immune from federal or state regulation or proscription. Among such cases are those recognizing rights that have little or no textual support in the constitutional language. Meyer, Prince, and Pierce fall in this category, as do the privacy cases from Griswold to Carey.

Striving to assure itself and the public that announcing rights not readily identifiable in the Constitution's text involves much more than the imposition of the Justices' own choice of values on the States and the Federal Government, the Court has sought to identify the nature of the rights qualifying for heightened judicial protection. In Palko v. Connecticut, 302 U.S. 319, 325, 326 (1937), it was said that this category includes those fundamental liberties that are "implicit in the concept of ordered liberty," such that "neither *192 liberty nor justice would exist if [they] were sacrificed." A different description of fundamental liberties appeared in Moore v. East Cleveland, 431 U.S. 494, 503 (1977) (opinion of POWELL, J.), where they are characterized as those liberties that are "deeply rooted in this Nation's history and tradition." Id., at 503 (POWELL, J.). See also Griswold v. Connecticut, 381 U. S., at 506.

It is obvious to us that neither of these formulations would extend a fundamental right to homosexuals to engage in acts of consensual sodomy. Proscriptions against that conduct have ancient roots. See generally Survey on the Constitutional Right to Privacy in the Context of Homosexual Activity, 40 U. Miami L. Rev. 521, 525 (1986). Sodomy was a criminal offense at common law and was forbidden by the laws of the original 13 States when they ratified the Bill of Rights.[5] In 1868, when the Fourteenth Amendment was *193 ratified, all but 5 of the 37 States in the Union had criminal sodomy laws.[6] In fact, until 1961,[7] all 50 States outlawed sodomy, and today, 24 States and the District of Columbia *194 continue to provide criminal penalties for sodomy performed in private and between consenting adults. See Survey, U. Miami L. Rev., supra, at 524, n. 9. Against this background, to claim that a right to engage in such conduct is "deeply rooted in this Nation's history and tradition" or "implicit in the concept of ordered liberty" is, at best, facetious.

Nor are we inclined to take a more expansive view of our authority to discover new fundamental rights imbedded in the Due Process Clause. The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution. That this is so was painfully demonstrated by the face-off between the Executive and the Court in the 1930's, which resulted in the repudiation *195 of much of the substantive gloss that the Court had placed on the Due Process Clauses of the Fifth and Fourteenth Amendments. There should be, therefore, great resistance to expand the substantive reach of those Clauses, particularly if it requires redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority. The claimed right pressed on us today falls for short of overcoming this resistance.

Respondent, however, asserts that the result should be different where the homosexual conduct occurs in the privacy of the home. He relies on Stanley v. Georgia, 394 U.S. 557 (1969), where the Court held that the First Amendment prevents conviction for possessing and reading obscene material in the privacy of one's home: "If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his house, what books he may read or what films he may watch." Id., at 565.

Stanley did protect conduct that would not have been protected outside the home, and it partially prevented the enforcement of state obscenity laws; but the decision was firmly grounded in the First Amendment. The right pressed upon us here has no similar support in the text of the Constitution, and it does not qualify for recognition under the prevailing principles for construing the Fourteenth Amendment. Its limits are also difficult to discern. Plainly enough, otherwise illegal conduct is not always immunized whenever it occurs in the home. Victimless crimes, such as the possession and use of illegal drugs, do not escape the law where they are committed at home. Stanley itself recognized that its holding offered no protection for the possession in the home of drugs, firearms, or stolen goods. Id., at 568, n. 11. And if respondent's submission is limited to the voluntary sexual conduct between consenting adults, it would be difficult, except by fiat, to limit the claimed right to homosexual conduct *196 while leaving exposed to prosecution adultery, incest, and other sexual crimes even though they are committed in the home. We are unwilling to start down that road.

Even if the conduct at issue here is not a fundamental right, respondent asserts that there must be a rational basis for the law and that there is none in this case other than the presumed belief of a majority of the electorate in Georgia that homosexual sodomy is immoral and unacceptable. This is said to be an inadequate rationale to support the law. The law, however, is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the Due Process Clause, the courts will be very busy indeed. Even respondent makes no such claim, but insists that majority sentiments about the morality of homosexuality should be declared inadequate. We do not agree, and are unpersuaded that the sodomy laws of some 25 States should be invalidated on this basis.[8]

Accordingly, the judgment of the Court of Appeals is

Reversed.

CHIEF JUSTICE BURGER, concurring.

I join the Court's opinion, but I write separately to underscore my view that in constitutional terms there is no such thing as a fundamental right to commit homosexual sodomy.

As the Court notes, ante, at 192, the proscriptions against sodomy have very "ancient roots." Decisions of individuals relating to homosexual conduct have been subject to state intervention throughout the history of Western civilization. Condemnation of those practices is firmly rooted in Judeao-Christian moral and ethical standards. Homosexual sodomy was a capital crime under Roman law. See Code Theod. 9.7.6; Code Just. 9.9.31. See also D. Bailey, Homosexuality *197 and the Western Christian Tradition 70-81 (1975). During the English Reformation when powers of the ecclesiastical courts were transferred to the King's Courts, the first English statute criminalizing sodomy was passed. 25 Hen. VIII, ch. 6. Blackstone described "the infamous crime against nature" as an offense of "deeper malignity" than rape, a heinous act "the very mention of which is a disgrace to human nature," and "a crime not fit to be named." 4 W. Blackstone, Commentaries *215. The common law of England, including its prohibition of sodomy, became the received law of Georgia and the other Colonies. In 1816 the Georgia Legislature passed the statute at issue here, and that statute has been continuously in force in one form or another since that time. To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching.

This is essentially not a question of personal "preferences" but rather of the legislative authority of the State. I find nothing in the Constitution depriving a State of the power to enact the statute challenged here.

JUSTICE POWELL, concurring.

I join the opinion of the Court. I agree with the Court that there is no fundamental right — i. e., no substantive right under the Due Process Clause — such as that claimed by respondent Hardwick, and found to exist by the Court of Appeals. This is not to suggest, however, that respondent may not be protected by the Eighth Amendment of the Constitution. The Georgia statute at issue in this case, Ga. Code Ann. § 16-6-2 (1984), authorizes a court to imprison a person for up to 20 years for a single private, consensual act of sodomy. In my view, a prison sentence for such conduct — certainly a sentence of long duration — would create a serious Eighth Amendment issue. Under the Georgia statute a single act of sodomy, even in the private setting of a home, is a *198 felony comparable in terms of the possible sentence imposed to serious felonies such as aggravated battery, § 16-5-24, first-degree arson, § 16-7-60, and robbery, § 16-8-40.[1]

In this case, however, respondent has not been tried, much less convicted and sentenced.[2] Moreover, respondent has not raised the Eighth Amendment issue below. For these reasons this constitutional argument is not before us.

*199 JUSTICE BLACKMUN, with whom JUSTICE BRENNAN, JUSTICE MARSHALL, and JUSTICE STEVENS join, dissenting.

This case is no more about "a fundamental right to engage in homosexual sodomy," as the Court purports to declare, ante, at 191, than Stanley v. Georgia, 394 U.S. 557 (1969), was about a fundamental right to watch obscene movies, or Katz v. United States, 389 U.S. 347 (1967), was about a fundamental right to place interstate bets from a telephone booth. Rather, this case is about "the most comprehensive of rights and the right most valued by civilized men," namely, "the right to be let alone." Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting).

The statute at issue, Ga. Code Ann. § 16-6-2 (1984), denies individuals the right to decide for themselves whether to engage in particular forms of private, consensual sexual activity. The Court concludes that § 16-6-2 is valid essentially because "the laws of . . . many States . . . still make such conduct illegal and have done so for a very long time." Ante, at 190. But the fact that the moral judgments expressed by statutes like § 16-6-2 may be " `natural and familiar . . . ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States.' " Roe v. Wade, 410 U.S. 113, 117 (1973), quoting Lochner v. New York, 198 U.S. 45, 76 (1905) (Holmes, J., dissenting). Like Justice Holmes, I believe that "[i]t is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past." Holmes, The Path of the Law, 10 Harv. L. Rev. 457, 469 (1897). I believe we must analyze respondent Hardwick's claim in the light of the values that underlie the constitutional right to privacy. If that right means anything, it means that, before Georgia can prosecute its citizens for making choices about the most intimate *200 aspects of their lives, it must do more than assert that the choice they have made is an " `abominable crime not fit to be named among Christians.' " Herring v. State, 119 Ga. 709, 721, 46 S.E. 876, 882 (1904).

I

In its haste to reverse the Court of Appeals and hold that the Constitution does not "confe[r] a fundamental right upon homosexuals to engage in sodomy," ante, at 190, the Court relegates the actual statute being challenged to a footnote and ignores the procedural posture of the case before it. A fair reading of the statute and of the complaint clearly reveals that the majority has distorted the question this case presents.

First, the Court's almost obsessive focus on homosexual activity is particularly hard to justify in light of the broad language Georgia has used. Unlike the Court, the Georgia Legislature has not proceeded on the assumption that homosexuals are so different from other citizens that their lives may be controlled in a way that would not be tolerated if it limited the choices of those other citizens. Cf. ante, at 188, n. 2. Rather, Georgia has provided that "[a] person commits the offense of sodomy when he performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another." Ga. Code Ann. § 16-6-2(a) (1984). The sex or status of the persons who engage in the act is irrelevant as a matter of state law. In fact, to the extent I can discern a legislative purpose for Georgia's 1968 enactment of § 16-6-2, that purpose seems to have been to broaden the coverage of the law to reach heterosexual as well as homosexual activity.[1] I therefore see no basis for the *201 Court's decision to treat this case as an "as applied" challenge to § 16-6-2, see ante, at 188, n. 2, or for Georgia's attempt, both in its brief and at oral argument, to defend § 16-6-2 solely on the grounds that it prohibits homosexual activity. Michael Hardwick's standing may rest in significant part on Georgia's apparent willingness to enforce against homosexuals a law it seems not to have any desire to enforce against heterosexuals. See Tr. of Oral Arg. 4-5; cf. 760 F.2d 1202, 1205-1206 (CA11 1985). But his claim that § 16-6-2 involves an unconstitutional intrusion into his privacy and his right of intimate association does not depend in any way on his sexual orientation.

Second, I disagree with the Court's refusal to consider whether § 16-6-2 runs afoul of the Eighth or Ninth Amendments or the Equal Protection Clause of the Fourteenth Amendment. Ante, at 196, n. 8. Respondent's complaint expressly invoked the Ninth Amendment, see App. 6, and he relied heavily before this Court on Griswold v. Connecticut, 381 U.S. 479, 484 (1965), which identifies that Amendment as one of the specific constitutional provisions giving "life and substance" to our understanding of privacy. See Brief for Respondent Hardwick 10-12; Tr. of Oral Arg. 33. More importantly, the procedural posture of the case requires that we affirm the Court of Appeals' judgment if there is any ground on which respondent may be entitled to relief. This case is before us on petitioner's motion to dismiss for failure to state a claim, Fed. Rule Civ. Proc. 12(b)(6). See App. 17. It is a well-settled principle of law that "a complaint should not be dismissed merely because a plaintiff's allegations do not support the particular legal theory he advances, for the court is under a duty to examine the complaint to determine if the allegations provide for relief on any possible theory." *202 Bramlet v. Wilson, 495 F.2d 714, 716 (CA8 1974); see Parr v. Great Lakes Express Co., 484 F.2d 767, 773 (CA7 1973); Due v. Tallahassee Theaters, Inc., 333 F.2d 630, 631 (CA5 1964); United States v. Howell, 318 F.2d 162, 166 (CA9 1963); 5 C. Wright & A. Miller, Federal Practice and Procedure § 1357, pp. 601-602 (1969); see also Conley v. Gibson, 355 U.S. 41, 45-46 (1957). Thus, even if respondent did not advance claims based on the Eighth or Ninth Amendments, or on the Equal Protection Clause, his complaint should not be dismissed if any of those provisions could entitle him to relief. I need not reach either the Eighth Amendment or the Equal Protection Clause issues because I believe that Hardwick has stated a cognizable claim that § 16-6-2 interferes with constitutionally protected interests in privacy and freedom of intimate association. But neither the Eighth Amendment nor the Equal Protection Clause is so clearly irrelevant that a claim resting on either provision should be peremptorily dismissed.[2] The Court's cramped reading of the *203 issue before it makes for a short opinion, but it does little to make for a persuasive one.

II

"Our cases long have recognized that the Constitution embodies a promise that a certain private sphere of individual liberty will be kept largely beyond the reach of government." Thornburgh v. American College of Obstetricians & Gynecologists, 476 U.S. 747, 772 (1986). In construing the right to privacy, the Court has proceeded along two somewhat distinct, *204 albeit complementary, lines. First, it has recognized a privacy interest with reference to certain decisions that are properly for the individual to make. E. g., Roe v. Wade, 410 U.S. 113 (1973); Pierce v. Society of Sisters, 268 U.S. 510 (1925). Second, it has recognized a privacy interest with reference to certain places without regard for the particular activities in which the individuals who occupy them are engaged. E. g., United States v. Karo, 468 U.S. 705 (1984); Payton v. New York, 445 U.S. 573 (1980); Rios v. United States, 364 U.S. 253 (1960). The case before us implicates both the decisional and the spatial aspects of the right to privacy.

A

The Court concludes today that none of our prior cases dealing with various decisions that individuals are entitled to make free of governmental interference "bears any resemblance to the claimed constitutional right of homosexuals to engage in acts of sodomy that is asserted in this case." Ante, at 190-191. While it is true that these cases may be characterized by their connection to protection of the family, see Roberts v. United States Jaycees, 468 U.S. 609, 619 (1984), the Court's conclusion that they extend no further than this boundary ignores the warning in Moore v. East Cleveland, 431 U.S. 494, 501 (1977) (plurality opinion), against "clos[ing] our eyes to the basic reasons why certain rights associated with the family have been accorded shelter under the Fourteenth Amendment's Due Process Clause." We protect those rights not because they contribute, in some direct and material way, to the general public welfare, but because they form so central a part of an individual's life. "[T]he concept of privacy embodies the `moral fact that a person belongs to himself and not others nor to society as a whole.' " Thornburgh v. American College of Obstetricians & Gynecologists, 476 U. S., at 777, n. 5 (STEVENS, J., concurring), quoting Fried, Correspondence, 6 Phil. & Pub. Affairs 288-289 (1977). And so we protect the decision whether to *205 marry precisely because marriage "is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects." Griswold v. Connecticut, 381 U. S., at 486. We protect the decision whether to have a child because parenthood alters so dramatically an individual's self-definition, not because of demographic considerations or the Bible's command to be fruitful and multiply. Cf. Thornburgh v. American College of Obstetricians & Gynecologists, supra, at 777, n. 6 (STEVENS, J., concurring). And we protect the family because it contributes so powerfully to the happiness of individuals, not because of a preference for stereotypical households. Cf. Moore v. East Cleveland, 431 U. S., at 500-506 (plurality opinion). The Court recognized in Roberts, 468 U. S., at 619, that the "ability independently to define one's identity that is central to any concept of liberty" cannot truly be exercised in a vacuum; we all depend on the "emotional enrichment from close ties with others." Ibid.

Only the most willful blindness could obscure the fact that sexual intimacy is "a sensitive, key relationship of human existence, central to family life, community welfare, and the development of human personality," Paris Adult Theatre I v. Slaton, 413 U.S. 49, 63 (1973); see also Carey v. Population Services International, 431 U.S. 678, 685 (1977). The fact that individuals define themselves in a significant way through their intimate sexual relationships with others suggests, in a Nation as diverse as ours, that there may be many "right" ways of conducting those relationships, and that much of the richness of a relationship will come from the freedom an individual has to choose the form and nature of these intensely personal bonds. See Karst, The Freedom of Intimate Association, 89 Yale L. J. 624, 637 (1980); cf. Eisenstadt v. Baird, 405 U.S. 438, 453 (1972); Roe v. Wade, 410 U. S., at 153.

In a variety of circumstances we have recognized that a necessary corollary of giving individuals freedom to choose *206 how to conduct their lives is acceptance of the fact that different individuals will make different choices. For example, in holding that the clearly important state interest in public education should give way to a competing claim by the Amish to the effect that extended formal schooling threatened their way of life, the Court declared: "There can be no assumption that today's majority is `right' and the Amish and others like them are `wrong.' A way of life that is odd or even erratic but interferes with no rights or interests of others is not to be condemned because it is different." Wisconsin v. Yoder, 406 U.S. 205, 223-224 (1972). The Court claims that its decision today merely refuses to recognize a fundamental right to engage in homosexual sodomy; what the Court really has refused to recognize is the fundamental interest all individuals have in controlling the nature of their intimate associations with others.

B

The behavior for which Hardwick faces prosecution occurred in his own home, a place to which the Fourth Amendment attaches special significance. The Court's treatment of this aspect of the case is symptomatic of its overall refusal to consider the broad principles that have informed our treatment of privacy in specific cases. Just as the right to privacy is more than the mere aggregation of a number of entitlements to engage in specific behavior, so too, protecting the physical integrity of the home is more than merely a means of protecting specific activities that often take place there. Even when our understanding of the contours of the right to privacy depends on "reference to a `place,' " Katz v. United States, 389 U. S., at 361 (Harlan, J., concurring), "the essence of a Fourth Amendment violation is `not the breaking of [a person's] doors, and the rummaging of his drawers,' but rather is `the invasion of his indefensible right of personal security, personal liberty and private property.' " California v. Ciraolo, 476 U.S. 207, 226 (1986) (POWELL, J., dissenting), *207 quoting Boyd v. United States, 116 U.S. 616, 630 (1886).

The Court's interpretation of the pivotal case of Stanley v. Georgia, 394 U.S. 557 (1969), is entirely unconvincing. Stanley held that Georgia's undoubted power to punish the public distribution of constitutionally unprotected, obscene material did not permit the State to punish the private possession of such material. According to the majority here, Stanley relied entirely on the First Amendment, and thus, it is claimed, sheds no light on cases not involving printed materials. Ante, at 195. But that is not what Stanley said. Rather, the Stanley Court anchored its holding in the Fourth Amendment's special protection for the individual in his home:

" `The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations.'
.....
"These are the rights that appellant is asserting in the case before us. He is asserting the right to read or observe what he pleases — the right to satisfy his intellectual and emotional needs in the privacy of his own home." 394 U. S., at 564-565, quoting Olmstead v. United States, 277 U. S., at 478 (Brandeis, J., dissenting).
The central place that Stanley gives Justice Brandeis' dissent in Olmstead, a case raising no First Amendment claim, shows that Stanley rested as much on the Court's understanding of the Fourth Amendment as it did on the First. Indeed, in Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973), the Court suggested that reliance on the Fourth *208 Amendment not only supported the Court's outcome in Stanley but actually was necessary to it: "If obscene material unprotected by the First Amendment in itself carried with it a `penumbra' of constitutionally protected privacy, this Court would not have found it necessary to decide Stanley on the narrow basis of the `privacy of the home,' which was hardly more than a reaffirmation that `a man's home is his castle.' " 413 U. S., at 66. "The right of the people to be secure in their . . . houses," expressly guaranteed by the Fourth Amendment, is perhaps the most "textual" of the various constitutional provisions that inform our understanding of the right to privacy, and thus I cannot agree with the Court's statement that "[t]he right pressed upon us here has no . . . support in the text of the Constitution," ante, at 195. Indeed, the right of an individual to conduct intimate relationships in the intimacy of his or her own home seems to me to be the heart of the Constitution's protection of privacy.

III

The Court's failure to comprehend the magnitude of the liberty interests at stake in this case leads it to slight the question whether petitioner, on behalf of the State, has justified Georgia's infringement on these interests. I believe that neither of the two general justifications for § 16-6-2 that petitioner has advanced warrants dismissing respondent's challenge for failure to state a claim.

First, petitioner asserts that the acts made criminal by the statute may have serious adverse consequences for "the general public health and welfare," such as spreading communicable diseases or fostering other criminal activity. Brief for Petitioner 37. Inasmuch as this case was dismissed by the District Court on the pleading, it is not surprising that the record before us is barren of any evidence to support petitioner's claim.[3] In light of the state of the record, I see *209 no justification for the Court's attempt to equate the private, consensual sexual activity at issue here with the "possession in the home of drugs, firearms, or stolen goods," ante, at 195, to which Stanley refused to extend its protection. 394 U. S., at 568, n. 11. None of the behavior so mentioned in Stanley can properly be viewed as "[v]ictimless," ante, at 195: drugs and weapons are inherently dangerous, see, e. g., McLaughlin v. United States, 476 U.S. 16 (1986), and for property to be "stolen," someone must have been wrongfully deprived of it. Nothing in the record before the Court provides any justification for finding the activity forbidden by § 16-6-2 to be physically dangerous, either to the persons engaged in it or to others.[4]

*210 The core of petitioner's defense of § 16-6-2, however, is that respondent and others who engage in the conduct prohibited by § 16-6-2 interfere with Georgia's exercise of the " `right of the Nation and of the States to maintain a decent society,' " Paris Adult Theater I v. Slaton, 413 U. S., at 59-60, quoting Jacobellis v. Ohio, 378 U.S. 184, 199 (1964) (Warren, C. J., dissenting). Essentially, petitioner argues, and the Court agrees, that the fact that the acts described in § 16-6-2 "for hundreds of years, if not thousands, have been uniformly condemned as immoral" is a sufficient reason to permit a State to ban them today. Brief for Petitioner 19; see ante, at 190, 192-194, 196.

I cannot agree that either the length of time a majority has held its convictions or the passions with which it defends them can withdraw legislation from this Court's security. See, e. g., Roe v. Wade, 410 U.S. 113 (1973); Loving v. Virginia, 388 U.S. 1 (1967); Brown v. Board of Education, 347 U.S. 483 (1954).[5] As Justice Jackson wrote so eloquently *211 for the Court in West Virginia Board of Education v. Barnette, 319 U.S. 624, 641-642 (1943), "we apply the limitations of the Constitution with no fear that freedom to be intellectually and spiritually diverse or even contrary will disintegrate the social organization. . . . [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order." See also Karst, 89 Yale L. J., at 627. It is precisely because the issue raised by this case touches the heart of what makes individuals what they are that we should be especially sensitive to the rights of those whose choices upset the majority.

The assertion that "traditional Judeo-Christian values proscribe" the conduct involved, Brief for Petitioner 20, cannot provide an adequate justification for § 16-6-2. That certain, but by no means all, religious groups condemn the behavior at issue gives the State no license to impose their judgments on the entire citizenry. The legitimacy of secular legislation depends instead on whether the State can advance some justification for its law beyond its conformity to religious doctrine. See, e. g., McGowan v. Maryland, 366 U.S. 420, 429-453 (1961); Stone v. Graham, 449 U.S. 39 (1980). Thus, far from buttressing his case, petitioner's invocation of Leviticus, Romans, St. Thomas Aquinas, and sodomy's heretical status during the Middle Ages undermines his suggestion that § 16-6-2 represents a legitimate use of secular coercive power.[6] A State can no more punish private behavior because *212 of religious intolerance than it can punish such behavior because of racial animus. "The Constitution cannot control such prejudices, but neither can it tolerate them. Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect." Palmore v. Sidoti, 466 U.S. 429, 433 (1984). No matter how uncomfortable a certain group may make the majority of this Court, we have held that "[m]ere public intolerance or animosity cannot constitutionally justify the deprivation of a person's physical liberty." O'Connor v. Donaldson, 422 U.S. 563, 575 (1975). See also Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 (1985); United States Dept. of Agriculture v. Moreno, 413 U.S. 528, 534 (1973).

Nor can § 16-6-2 be justified as a "morally neutral" exercise of Georgia's power to "protect the public environment," Paris Adult Theatre I, 413 U. S., at 68-69. Certainly, some private behavior can affect the fabric of society as a whole. Reasonable people may differ about whether particular sexual acts are moral or immoral, but "we have ample evidence for believing that people will not abandon morality, will not think any better of murder, cruelty and dishonesty, merely because some private sexual practice which they abominate is not punished by the law." H. L. A. Hart, Immorality and Treason, reprinted in The Law as Literature 220, 225 (L. Blom-Cooper ed. 1961). Petitioner and the Court fail to see the difference between laws that protect public sensibilities and those that enforce private morality. Statutes banning *213 public sexual activity are entirely consistent with protecting the individual's liberty interest in decisions concerning sexual relations: the same recognition that those decisions are intensely private which justifies protecting them from governmental interference can justify protecting individuals from unwilling exposure to the sexual activities of others. But the mere fact that intimate behavior may be punished when it takes place in public cannot dictate how States can regulate intimate behavior that occurs in intimate places. See Paris Adult Theatre I, 413 U. S., at 66, n. 13 ("marital intercourse on a street corner or a theater stage" can be forbidden despite the constitutional protection identified in Griswold v. Connecticut, 381 U.S. 479 (1965)).[7]

This case involves no real interference with the rights of others, for the mere knowledge that other individuals do not adhere to one's value system cannot be a legally cognizable interest, cf. Diamond v. Charles, 476 U.S. 54, 65-66 (1986), let alone an interest that can justify invading the houses, hearts, and minds of citizens who choose to live their lives differently.

IV

It took but three years for the Court to see the error in its analysis in Minersville School District v. Gobitis, 310 U. S. *214 586 (1940), and to recognize that the threat to national cohesion posed by a refusal to salute the flag was vastly outweighed by the threat to those same values posed by compelling such a salute. See West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943). I can only hope that here, too, the Court soon will reconsider its analysis and conclude that depriving individuals of the right to choose for themselves how to conduct their intimate relationships poses a far greater threat to the values most deeply rooted in our Nation's history than tolerance of nonconformity could ever do. Because I think the Court today betrays those values, I dissent.

JUSTICE STEVENS, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, dissenting.

Like the statute that is challenged in this case,[1] the rationale of the Court's opinion applies equally to the prohibited conduct regardless of whether the parties who engage in it are married or unmarried, or are of the same or different sexes.[2] Sodomy was condemned as an odious and sinful type of behavior during the formative period of the common law.[3]*215 That condemnation was equally damning for heterosexual and homosexual sodomy.[4] Moreover, it provided no special exemption for married couples.[5] The license to cohabit and to produce legitimate offspring simply did not include any permission to engage in sexual conduct that was considered a "crime against nature."

The history of the Georgia statute before us clearly reveals this traditional prohibition of heterosexual, as well as homosexual, sodomy.[6] Indeed, at one point in the 20th century, Georgia's law was construed to permit certain sexual conduct between homosexual women even though such conduct was prohibited between heterosexuals.[7] The history of the statutes cited by the majority as proof for the proposition that sodomy is not constitutionally protected, ante, at 192-194, *216 and nn. 5 and 6, similarly reveals a prohibition on heterosexual, as well as homosexual, sodomy.[8]

Because the Georgia statute expresses the traditional view that sodomy is an immoral kind of conduct regardless of the identity of the persons who engage in it, I believe that a proper analysis of its constitutionality requires consideration of two questions: First, may a State totally prohibit the described conduct by means of a neutral law applying without exception to all persons subject to its jurisdiction? If not, may the State save the statute by announcing that it will only enforce the law against homosexuals? The two questions merit separate discussion.

I

Our prior cases make two propositions abundantly clear. First, the fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice; neither history nor tradition could save a law prohibiting miscegenation from constitutional attack.[9] Second, individual decisions by married persons, concerning the intimacies of their physical relationship, even when not intended to produce offspring, are a form of "liberty" protected by the Due Process Clause of the Fourteenth Amendment. Griswold v. Connecticut, 381 U.S. 479 (1965). Moreover, this protection extends to intimate choices by unmarried as well as married persons. Carey v. Population Services International, 431 U.S. 678 (1977); Eisenstadt v. Baird, 405 U.S. 438 (1972).

*217 In consideration of claims of this kind, the Court has emphasized the individual interest in privacy, but its decisions have actually been animated by an even more fundamental concern. As I wrote some years ago:

"These cases do not deal with the individual's interest in protection from unwarranted public attention, comment, or exploitation. They deal, rather, with the individual's right to make certain unusually important decisions that will affect his own, or his family's destiny. The Court has referred to such decisions as implicating `basic values,' as being `fundamental,' and as being dignified by history and tradition. The character of the Court's language in these cases brings to mind the origins of the American heritage of freedom — the abiding interest in individual liberty that makes certain state intrusions on the citizen's right to decide how he will live his own life intolerable. Guided by history, our tradition of respect for the dignity of individual choice in matters of conscience and the restraints implicit in the federal system, federal judges have accepted the responsibility for recognition and protection of these rights in appropriate cases." Fitzgerald v. Porter Memorial Hospital, 523 F.2d 716, 719-720 (CA7 1975) (footnotes omitted), cert. denied, 425 U.S. 916 (1976).
Society has every right to encourage its individual members to follow particular traditions in expressing affection for one another and in gratifying their personal desires. It, of course, may prohibit an individual from imposing his will on another to satisfy his own selfish interests. It also may prevent an individual from interfering with, or violating, a legally sanctioned and protected relationship, such as marriage. And it may explain the relative advantages and disadvantages of different forms of intimate expression. But when individual married couples are isolated from observation by others, the way in which they voluntarily choose to conduct their intimate relations is a matter for them — not the *218 State — to decide.[10] The essential "liberty" that animated the development of the law in cases like Griswold, Eisenstadt, and Carey surely embraces the right to engage in nonreproductive, sexual conduct that others may consider offensive or immoral.

Paradoxical as it may seem, our prior cases thus establish that a State may not prohibit sodomy within "the sacred precincts of marital bedrooms," Griswold, 381 U. S., at 485, or, indeed, between unmarried heterosexual adults. Eisenstadt, 405 U. S., at 453. In all events, it is perfectly clear that the State of Georgia may not totally prohibit the conduct proscribed by § 16-6-2 of the Georgia Criminal Code.

II

If the Georgia statute cannot be enforced as it is written — if the conduct it seeks to prohibit is a protected form of liberty for the vast majority of Georgia's citizens — the State must assume the burden of justifying a selective application of its law. Either the persons to whom Georgia seeks to apply its statute do not have the same interest in "liberty" that others have, or there must be a reason why the State may be permitted to apply a generally applicable law to certain persons that it does not apply to others.

The first possibility is plainly unacceptable. Although the meaning of the principle that "all men are created equal" is not always clear, it surely must mean that every free citizen has the same interest in "liberty" that the members of the majority share. From the standpoint of the individual, the homosexual and the heterosexual have the same interest in deciding how he will live his own life, and, more narrowly, how he will conduct himself in his personal and voluntary *219 associations with his companions. State intrusion into the private conduct of either is equally burdensome.

The second possibility is similarly unacceptable. A policy of selective application must be supported by a neutral and legitimate interest — something more substantial than a habitual dislike for, or ignorance about, the disfavored group. Neither the State nor the Court has identified any such interest in this case. The Court has posited as a justification for the Georgia statute "the presumed belief of a majority of the electorate in Georgia that homosexual sodomy is immoral and unacceptable." Ante, at 196. But the Georgia electorate has expressed no such belief — instead, its representatives enacted a law that presumably reflects the belief that all sodomy is immoral and unacceptable. Unless the Court is prepared to conclude that such a law is constitutional, it may not rely on the work product of the Georgia Legislature to support its holding. For the Georgia statute does not single out homosexuals as a separate class meriting special disfavored treatment.

Nor, indeed, does not Georgia prosecutor even believe that all homosexuals who violate this statute should be punished. This conclusion is evident from the fact that the respondent in this very case has formally acknowledged in his complaint and in court that he has engaged, and intends to continue to engage, in the prohibited conduct, yet the State has elected not to process criminal charges against him. As JUSTICE POWELL points out, moreover, Georgia's prohibition on private, consensual sodomy has not been enforced for decades.[11] The record of nonenforcement, in this case and in the last several decades, belies the Attorney General's representations *220 about the importance of the State's selective application of its generally applicable law.[12]

Both the Georgia statute and the Georgia prosecutor thus completely fail to provide the Court with any support for the conclusion that homosexual sodomy, simpliciter, is considered unacceptable conduct in that State, and that the burden of justifying a selective application of the generally applicable law has been met.

III

The Court orders the dismissal of respondent's complaint even though the State's statute prohibits all sodomy; even though that prohibition is concededly unconstitutional with respect to heterosexuals; and even though the State's post hoc explanations for selective application are belied by the State's own actions. At the very least, I think it clear at this early stage of the litigation that respondent has alleged a constitutional claim sufficient to withstand a motion to dismiss.[13]

I respectfully dissent.

NOTES

[*] Briefs of amici curiae urging reversal were filed for the Catholic League for Religious and Civil Rights by Steven Frederick McDowell; for the Rutherford Institute et al. by W. Charles Bundren, Guy O. Farley, Jr., George M. Weaver, William B. Hollberg, Wendell R. Bird, John W Whitehead, Thomas O. Kotouc, and Alfred Lindh; and for David Robinson, Jr., pro se.

[1] Georgia Code Ann. § 16-6-2 (1984) provides, in pertinent part, as follows:

"(a) A person commits the offense of sodomy when he performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. . . .

"(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. . . ."

[2] John and Mary Doe were also plaintiffs in the action. They alleged that they wished to engage in sexual activity proscribed by § 16-6-2 in the privacy of their home, App. 3, and that they had been "chilled and deterred" from engaging in such activity by both the existence of the statute and Hardwick's arrest. Id., at 5. The District Court held, however, that because they had neither sustained, nor were in immediate danger of sustaining, any direct injury from the enforcement of the statute, they did not have proper standing to maintain the action. Id., at 18. The Court of Appeals affirmed the District Court's judgment dismissing the Does' claim for lack of standing, 760 F.2d 1202, 1206-1207 (CA11 1985), and the Does do not challenge that holding in this Court.

The only claim properly before the Court, therefore, is Hardwick's challenge to the Georgia statute as applied to consensual homosexual sodomy. We express no opinion on the constitutionality of the Georgia statute as applied to other acts of sodomy.

[3] See Baker v. Wade, 769 F.2d 289, rehearing denied, 774 F.2d 1285 (CA5 1985) (en banc); Dronenburg v. Zech, 239 U. S. App. D. C. 229,  741 F.2d 1388, rehearing denied, 241 U. S. App. D. C. 262, 746 F.2d 1579 (1984).

[4] Petitioner also submits that the Court of Appeals erred in holding that the District Court was not obligated to follow our summary affirmance in Doe. We need not resolve this dispute, for we prefer to give plenary consideration to the merits of this case rather than rely on our earlier action in Doe. See Usery v. Turner Elkhorn Mining Co., 428 U.S. 1, 14 (1976); Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 309, n. 1 (1976); Edelman v. Jordan, 415 U.S. 651, 671 (1974). Cf. Hicks v. Miranda, 422 U.S. 332, 344 (1975).

[5] Criminal sodomy laws in effect in 1791:

Connecticut: 1 Public Statute Laws of the State of Connecticut, 1808, Title LXVI, ch. 1, § 2 (rev. 1672).

Delaware: 1 Laws of the State of Delaware, 1797, ch. 22, § 5 (passed 1719).

Georgia had no criminal sodomy statute until 1816, but sodomy was a crime at common law, and the General Assembly adopted the common law of England as the law of Georgia in 1784. The First Laws of the State of Georgia, pt. 1, p. 290 (1981).

Maryland had no criminal sodomy statute in 1791. Maryland's Declaration of Rights, passed in 1776, however, stated that "the inhabitants of Maryland are entitled to the common law of England," and sodomy was a crime at common law. 4 W. Swindler, Sources and Documents of United States Constitutions 372 (1975).

Massachusetts: Acts and Laws passed by the General Court of Massachusetts, ch. 14, Act of Mar. 3, 1785.

New Hampshire passed its first sodomy statute in 1718. Acts and Laws of New Hampshire 1680-1726, p. 141 (1978).

Sodomy was a crime at common law in New Jersey at the time of the ratification of the Bill of Rights. The State enacted its first criminal sodomy law five years later. Acts of the Twentieth General Assembly, Mar. 18, 1796, ch. DC, § 7.

New York: Laws of New York, ch. 21 (passed 1787).

At the time of ratification of the Bill of Rights, North Carolina had adopted the English statute of Henry VIII outlawing sodomy. See Collection of the Statutes of the Parliament of England in Force in the State of North-Carolina, ch. 17, p. 314 (Martin ed. 1792).

Pennsylvania: Laws of the Fourteenth General Assembly of the Commonwealth of Pennsylvania, ch. CLIV, § 2 (passed 1790).

Rhode Island passed its first sodomy law in 1662. The Earliest Acts and Laws of the Colony of Rhode Island and Providence Plantations 1647-1719, p. 142 (1977).

South Carolina: Public Laws of the State of South Carolina, p. 49 (1790).

At the time of the ratification of the Bill of Rights, Virginia had no specific statute outlawing sodomy, but had adopted the English common law. 9 Hening's Laws of Virginia, ch. 5, § 6, p. 127 (1821) (passed 1776).

[6] Criminal sodomy statutes in effect in 1868:

Alabama: Ala. Rev. Code § 3604 (1867).

Arizona (Terr.): Howell Code, ch. 10, § 48 (1865).

Arkansas: Ark. Stat., ch. 51, Art. IV, § 5 (1858).

California: 1 Cal. Gen. Laws, ¶ 1450, § 48 (1865).

Colorado (Terr.): Colo. Rev. Stat., ch. 22, §§ 45, 46 (1868).

Connecticut: Conn. Gen. Stat., Tit. 122, ch. 7, § 124 (1866).

Delaware: Del. Rev. Stat., ch. 131, § 7 (1893).

Florida: Fla. Rev. Stat., div. 5, § 2614 (passed 1868) (1892).

Georgia: Ga. Code §§ 4286, 4287, 4290 (1867).

Kingdom of Hawaii: Haw. Penal Code, ch. 13, § 11 (1869).

Illinois: Ill. Rev. Stat., div. 5, §§ 49, 50 (1845).

Kansas (Terr.): Kan. Stat., ch. 53, § 7 (1855).

Kentucky: 1 Ky. Rev. Stat., ch. 28, Art. IV, § 11 (1860).

Louisiana: La. Rev. Stat., Crimes and Offences, § 5 (1856).

Maine: Me. Rev. Stat., Tit. XII, ch. 160, § 4 (1840).

Maryland: 1 Md. Code, Art. 30, § 201 (1860).

Massachusetts: Mass. Gen. Stat., ch. 165, § 18 (1860).

Michigan: Mich. Rev. Stat., Tit. 30, ch. 158, § 16 (1846).

Minnesota: Minn. Stat., ch. 96, § 13 (1859).

Mississippi: Miss. Rev. Code, ch. 64, § LII, Art. 238 (1857).

Missouri: 1 Mo. Rev. Stat., ch. 50, Art. VIII, § 7 (1856).

Montana (Terr.): Mont. Acts, Resolutions, Memorials, Criminal Practice Acts, ch. IV, § 44 (1866).

Nebraska (Terr.): Neb. Rev. Stat., Crim. Code, ch. 4, § 47 (1866).

Nevada (Terr.): Nev. Comp. Laws, 1861-1900, Crimes and Punishments, § 45.

New Hampshire: N. H. Laws, Act. of June 19, 1812, § 5 (1815).

New Jersey: N. J. Rev. Stat., Tit. 8, ch. 1, § 9 (1847).

New York: 3 N. Y. Rev. Stat., pt. 4, ch. 1, Tit. 5, § 20 (5th ed. 1859).

North Carolina: N. C. Rev. Code, ch. 34, § 6 (1855).

Oregon: Laws of Ore., Crimes — Against Morality, etc., ch. 7, § 655 (1874).

Pennsylvania: Act of Mar. 31, 1860, § 32, Pub. L. 392, in 1 Digest of Statute Law of Pa. 1700-1903, p. 1011 (Purdon 1905).

Rhode Island: R. I. Gen. Stat., ch. 232, § 12 (1872).

South Carolina: Act of 1712, in 2 Stat. at Large of S. C. 1682-1716, p. 493 (1837).

Tennessee: Tenn. Code, ch. 8, Art. 1, § 4843 (1858).

Texas: Tex. Rev. Stat., Tit. 10, ch. 5, Art. 342 (1887) (passed 1860).

Vermont: Acts and Laws of the State of Vt. (1779).

Virginia: Va. Code, ch. 149, § 12 (1868).

West Virginia: W. Va. Code, ch. 149, § 12 (1868).

Wisconsin (Terr.): Wis. Stat. § 14, p. 367 (1839).

[7] In 1961, Illinois adopted the American Law Institute's Model Penal Code, which decriminalized adult, consensual, private, sexual conduct. Criminal Code of 1961, §§ 11-2, 11-3, 1961 Ill. Laws, pp. 1985, 2006 (codified as amended at Ill. Rev. Stat., ch. 38, ¶¶ 11-2, 11-3 (1983) (repealed 1984)). See American Law Institute, Model Penal Code § 213.2 (Proposed Official Draft 1962).

[8] Respondent does not defend the judgment below based on the Ninth Amendment, the Equal Protection Clause, or the Eighth Amendment.

[1] Among those States that continue to make sodomy a crime, Georgia authorizes one of the longest possible sentences. See Ala. Code § 13A-6-65(a)(3) (1982) (1-year maximum); Ariz. Rev. Stat. Ann. §§ 13-1411, 13-1412 (West Supp. 1985) (30 days); Ark. Stat. Ann. § 41-1813 (1977) (1-year maximum); D. C. Code § 22-3502 (1981) (10-year maximum); Fla. Stat. § 800.02 (1985) (60-day maximum); Ga. Code Ann. § 16-6-2 (1984) (1 to 20 years); Idaho Code § 18-6605 (1979) (5-year minimum); Kan. Stat. Ann. § 21-3505 (Supp. 1985) (6-month maximum); Ky. Rev. Stat. § 510.100 (1985) (90 days to 12 months); La. Rev. Stat. Ann. § 14:89 (West 1986) (5-year maximum); Md. Ann. Code, Art. 27, §§ 553-554 (1982) (10-year maximum); Mich. Comp. Laws § 750.158 (1968) (15-year maximum); Minn. Stat. § 609.293 (1984) (1-year maximum); Miss. Code Ann. § 97-29-59 (1973) (10-year maximum); Mo. Rev. Stat. § 566.090 (Supp. 1984) (1-year maximum); Mont. Code Ann. § 45-5-505 (1985) (10-year maximum); Nev. Rev. Stat. § 201.190 (1985) (6-year maximum); N. C. Gen. Stat. § 14-177 (1981) (10-year maximum); Okla. Stat., Tit. 21, § 886 (1981) (10-year maximum); R. I. Gen. Laws § 11-10-1 (1981) (7 to 20 years); S. C. Code § 16-15-120 (1985) (5-year maximum); Tenn. Code Ann. § 39-2-612 (1982) (5 to 15 years); Tex. Penal Code Ann. § 21.06 (1974) ($200 maximum fine); Utah Code Ann. § 76-5-403 (1978) (6-month maximum); Va. Code § 18.2-361 (1982) (5-year maximum).

[2] It was conceded at oral argument that, prior to the complaint against respondent Hardwick, there had been no reported decision involving prosecution for private homosexual sodomy under this statute for several decades. See Thompson v. Aldredge, 187 Ga. 467, 200 S.E. 799 (1939). Moreover, the State has declined to present the criminal charge against Hardwick to a grand jury, and this is a suit for declaratory judgment brought by respondents challenging the validity of the statute. The history of nonenforcement suggests the moribund character today of laws criminalizing this type of private, consensual conduct. Some 26 States have repealed similar statutes. But the constitutional validity of the Georgia statute was put in issue by respondents, and for the reasons stated by the Court, I cannot say that conduct condemned for hundreds of years has now become a fundamental right.

[1] Until 1968, Georgia defined sodomy as "the carnal knowledge and connection against the order of nature, by man with man, or in the same unnatural manner with woman." Ga. Crim. Code § 26-5901 (1933). In Thompson v. Aldredge, 187 Ga. 467, 200 S.E. 799 (1939), the Georgia Supreme Court held that § 26-5901 did not prohibit lesbian activity. And in Riley v. Garrett, 219 Ga. 345, 133 S.E.2d 367 (1963), the Georgia Supreme Court held that § 26-5901 did not prohibit heterosexual cunnilingus. Georgia passed the act-specific statute currently in force "perhaps in response to the restrictive court decisions such as Riley," Note, The Crimes Against Nature, 16 J. Pub. L. 159, 167, n. 47 (1967).

[2] In Robinson v. California, 370 U.S. 660 (1962), the Court held that the Eighth Amendment barred convicting a defendant due to his "status" as a narcotics addict, since that condition was "apparently an illness which may be contracted innocently or involuntarily." Id., at 667. In Powell v. Texas, 392 U.S. 514 (1968), where the Court refused to extend Robinson to punishment of public drunkenness by a chronic alcoholic, one of the factors relied on by JUSTICE MARSHALL, in writing the plurality opinion, was that Texas had not "attempted to regulate appellant's behavior in the privacy of his own home." Id., at 532. JUSTICE WHITE wrote separately:

"Analysis of this difficult case is not advanced by preoccupation with the label `condition.' In Robinson the Court dealt with `a statute which makes the "status" of narcotic addiction a criminal offense . . . .' 370 U. S., at 666. By precluding criminal conviction for such a `status' the Court was dealing with a condition brought about by acts remote in time from the application of the criminal sanctions contemplated, a condition which was relatively permanent in duration, and a condition of great magnitude and significance in terms of human behavior and values. . . . If it were necessary to distinguish between `acts' and `conditions' for purposes of the Eighth Amendment, I would adhere to the concept of `condition' implicit in the opinion in Robinson . . . . The proper subject of inquiry is whether volitional acts brought about the `condition' and whether those acts are sufficiently proximate to the `condition' for it to be permissible to impose penal sanctions on the `condition.' " Id., at 550-551, n. 2.

Despite historical views of homosexuality, it is no longer viewed by mental health professionals as a "disease" or disorder. See Brief for American Psychological Association and American Public Health Association as Amici Curiae 8-11. But, obviously, neither is it simply a matter of deliberate personal election. Homosexual orientation may well form part of the very fiber of an individual's personality. Consequently, under JUSTICE WHITE's analysis in Powell, the Eighth Amendment may pose a constitutional barrier to sending an individual to prison for acting on that attraction regardless of the circumstances. An individual's ability to make constitutionally protected "decisions concerning sexual relations," Carey v. Population Services International, 431 U.S. 678, 711 (1977) (POWELL, J., concurring in part and concurring in judgment), is rendered empty indeed if he or she is given no real choice but a life without any physical intimacy.

With respect to the Equal Protection Clause's applicability to § 16-6-2, I note that Georgia's exclusive stress before this Court on its interest in prosecuting homosexual activity despite the gender-neutral terms of the statute may raise serious questions of discriminatory enforcement, questions that cannot be disposed of before this Court on a motion to dismiss. See Yick Wo v. Hopkins, 118 U.S. 356, 373-374 (1886). The legislature having decided that the sex of the participants is irrelevant to the legality of the acts, I do not see why the State can defend § 16-6-2 on the ground that individuals singled out for prosecution are of the same sex as their partners. Thus, under the circumstances of this case, a claim under the Equal Protection Clause may well be available without having to reach the more controversial question whether homosexuals are a suspect class. See, e. g., Rowland v. Mad River Local School District, 470 U.S. 1009 (1985) (BRENNAN, J., dissenting from denial of certiorari); Note, The Constitutional Status of Sexual Orientation: Homosexuality as a Suspect Classification, 98 Harv. L. Rev. 1285 (1985).

[3] Even if a court faced with a challenge to § 16-6-2 were to apply simple rational-basis scrutiny to the statute, Georgia would be required to show an actual connection between the forbidden acts and the ill effects it seeks to prevent. The connection between the acts prohibited by § 16-6-2 and the harms identified by petitioner in his brief before this Court is a subject of hot dispute, hardly amenable to dismissal under Federal Rule of Civil Procedure 12(b)(6). Compare, e. g., Brief for Petitioner 36-37 and Brief for David Robinson, Jr., as Amicus Curiae 23-28, on the one hand, with People v. Onofre, 51 N.Y. 2d 476, 489,  415 N.E.2d 936, 941 (1980); Brief for the Attorney General of the State of New York, joined by the Attorney General of the State of California, as Amici Curiae 11-14; and Brief for the American Psychological Association and American Public Health Association as Amici Curiae 19-27, on the other.

[4] Although I do not think it necessary to decide today issues that are not even remotely before us, it does seem to me that a court could find simple, analytically sound distinctions between certain private, consensual sexual conduct, on the one hand, and adultery and incest (the only two vaguely specific "sexual crimes" to which the majority points, ante, at 196), on the other. For example, marriage, in addition to its spiritual aspects, is a civil contract that entitles the contracting parties to a variety of governmentally provided benefits. A State might define the contractual commitment necessary to become eligible for these benefits to include a commitment of fidelity and then punish individuals for breaching that contract. Moreover, a State might conclude that adultery is likely to injure third persons, in particular, spouses and children of persons who engage in extramarital affairs. With respect to incest, a court might well agree with respondent that the nature of familial relationships renders true consent to incestuous activity sufficiently problematical that a blanket prohibition of such activity is warranted. See Tr. of Oral Arg. 21-22. Notably, the Court makes no effort to explain why it has chosen to group private, consensual homosexual activity with adultery and incest rather than with private, consensual heterosexual activity by unmarried persons or, indeed, with oral or anal sex within marriage.

[5] The parallel between Loving and this case is almost uncanny. There, too, the State relied on a religious justification for its law. Compare 388 U. S., at 3 (quoting trial court's statement that "Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. . . . The fact that he separated the races shows that he did not intend for the races to mix"), with Brief for Petitioner 20-21 (relying on the Old and New Testaments and the writings of St. Thomas Aquinas to show that "traditional Judeo-Christian values proscribe such conduct"). There, too, defenders of the challenged statute relied heavily on the fact that when the Fourteenth Amendment was ratified, most of the States had similar prohibitions. Compare Brief for Appellee in Loving v. Virginia, O. T. 1966, No. 395, pp. 28-29, with ante, at 192-194, and n. 6. There, too, at the time the case came before the Court, many of the States still had criminal statutes concerning the conduct at issue. Compare 388 U. S., at 6, n. 5 (noting that 16 States still outlawed interracial marriage), with ante, at 193-194 (noting that 24 States and the District of Columbia have sodomy statutes). Yet the Court held, not only that the invidious racism of Virginia's law violated the Equal Protection Clause, see 388 U. S., at 7-12, but also that the law deprived the Lovings of due process by denying them the "freedom of choice to marry" that had "long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men." Id., at 12.

[6] The theological nature of the origin of Anglo-American antisodomy statutes is patent. It was not until 1533 that sodomy was made a secular offense in England. 25 Hen. VIII, ch. 6. Until that time, the offense was, in Sir James Stephen's words, "merely ecclesiastical." 2J. Stephen, A History of the Criminal Law of England 429-430 (1883). Pollock and Maitland similarly observed that "[t]he crime against nature . . . was so closely connected with heresy that the vulgar had but one name for both." 2 F. Pollock & F. Maitland, The History of English Law 554 (1895). The transfer of jurisdiction over prosecutions for sodomy to the secular courts seems primarily due to the alteration of ecclesiastical jurisdiction attendant on England's break with the Roman Catholic Church, rather than to any new understanding of the sovereign's interest in preventing or punishing the behavior involved. Cf. 6 E. Coke, Institutes, ch. 10 (4th ed. 1797).

[7] At oral argument a suggestion appeared that, while the Fourth Amendment's special protection of the home might prevent the State from enforcing § 16-6-2 against individuals who engage in consensual sexual activity there, that protection would not make the statute invalid. See Tr. of Oral Arg. 10-11. The suggestion misses the point entirely. If the law is not invalid, then the police can invade the home to enforce it, provided, of course, that they obtain a determination of probable cause from a neutral magistrate. One of the reasons for the Court's holding in Griswold v. Connecticut, 381 U.S. 479 (1965), was precisely the possibility, and repugnance, of permitting searches to obtain evidence regarding the use of contraceptives. Id., at 485-486. Permitting the kinds of searches that might be necessary to obtain evidence of the sexual activity banned by § 16-6-2 seems no less intrusive, or repugnant. Cf. Winston v. Lee, 470 U.S. 753 (1985); Mary Beth G. v. City of Chicago, 723 F.2d 1263, 1274 (CA7 1983).

[1] See Ga. Code Ann. § 16-6-2(a) (1984) ("A person commits the offense of sodomy when he performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another").

[2] The Court states that the "issue presented is whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy and hence invalidates the laws of the many States that still make such conduct illegal and have done so for a very long time." Ante, at 190. In reality, however, it is the indiscriminate prohibition of sodomy, heterosexual as well as homosexual, that has been present "for a very long time." See nn. 3, 4, and 5, infra. Moreover, the reasoning the Court employs would provide the same support for the statute as it is written as it does for the statute as it is narrowly construed by the Court.

[3] See, e. g., 1 W. Hawkins, Pleas of the Crown 9 (6th ed. 1787) ("All unnatural carnal copulations, whether with man or beast, seem to come under the notion of sodomy, which was felony by the antient common law, and punished, according to some authors, with burning; according to others, with burying alive"); 4 W. Blackstone, Commentaries *215 (discussing "the infamous crime against nature, committed either with man or beast; a crime which ought to be strictly and impartially proved, and then as strictly and impartially punished").

[4] See 1 E. East, Pleas of the Crown 480 (1803) ("This offence, concerning which the least notice is the best, consists in a carnal knowledge committed against the order of nature by man with man, or in the same unnatural manner with woman, or by man or woman in any manner with beast"); J. Hawley & M. McGregor, The Criminal Law 287 (3d ed. 1899) ("Sodomy is the carnal knowledge against the order of nature by two persons with each other, or of a human being with a beast. . . . The offense may be committed between a man and a woman, or between two male persons, or between a man or a woman and a beast").

[5] See J. May, The Law of Crimes § 203 (2d ed. 1893) ("Sodomy, otherwise called buggery, bestiality, and the crime against nature, is the unnatural copulation of two persons with each other, or of a human being with a beast. . . . It may be committed by a man with a man, by a man with a beast, or by a woman with a beast, or by a man with a woman — his wife, in which case, if she consent, she is an accomplice").

[6] The predecessor of the current Georgia statute provided: "Sodomy is the carnal knowledge and connection against the order of nature, by man with man, or in the same unnatural manner with woman." Ga. Code, Tit. 1, Pt. 4, § 4251 (1861). This prohibition of heterosexual sodomy was not purely hortatory. See, e. g., Comer v. State, 21 Ga. App. 306, 94 S.E. 314 (1917) (affirming prosecution for consensual heterosexual sodomy).

[7] See Thompson v. Aldredge, 187 Ga. 467, 200 S.E. 799 (1939).

[8] A review of the statutes cited by the majority discloses that, in 1791, in 1868, and today, the vast majority of sodomy statutes do not differentiate between homosexual and heterosexual sodomy.

[9] See Loving v. Virginia, 388 U.S. 1 (1967). Interestingly, miscegenation was once treated as a crime similar to sodomy. See Hawley & McGregor, The Criminal Law, at 287 (discussing crime of sodomy); id., at 288 (discussing crime of miscegenation).

[10] Indeed, the Georgia Attorney General concedes that Georgia's statute would be unconstitutional if applied to a married couple. See Tr. of Oral Arg. 8 (stating that application of the statute to a married couple "would be unconstitutional" because of the "right of marital privacy as identified by the Court in Griswold"). Significantly, Georgia passed the current statute three years after the Court's decision in Griswold.

[11] Ante, at 198, n. 2 (POWELL, J., concurring). See also Tr. of Oral Arg. 4-5 (argument of Georgia Attorney General) (noting, in response to question about prosecution "where the activity took place in a private residence," the "last case I can recall was back in the 1930's or 40's").

[12] It is, of course, possible to argue that a statute has a purely symbolic role. Cf. Carey v. Population Services International, 431 U.S. 678, 715, n. 3 (1977) (STEVENS, J., concurring in part and concurring in judgment) ("The fact that the State admittedly has never brought a prosecution under the statute . . . is consistent with appellants' position that the purpose of the statute is merely symbolic"). Since the Georgia Attorney General does not even defend the statute as written, however, see n. 10, supra, the State cannot possibly rest on the notion that the statute may be defended for its symbolic message.

[13] Indeed, at this stage, it appears that the statute indiscriminately authorizes a policy of selective prosecution that is neither limited to the class of homosexual persons nor embraces all persons in that class, but rather applies to those who may be arbitrarily selected by the prosecutor for reasons that are not revealed either in the record of this case or in the text of the statute. If that is true, although the text of the statute is clear enough, its true meaning may be "so intolerably vague that evenhanded enforcement of the law is a virtual impossibility." Marks v. United States, 430 U.S. 188, 198 (1977) (STEVENS, J., concurring in part and dissenting in part).

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text: privacy

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text: which

text: the

text: Griswold

text: line

text: of

text: cases

text: found

text: to

text: be

text: one

text: of

text: the

text: protections

text: provided

text: by

text: the

text: Due

text: Process

text: Clause

text: did

text: not

text: reach

text: so

text: far

text: U

text: S

text: at

text: n

text: n

text: Precedent

text: aside

text: however

text: respondent

text: would

text: have

text: us

text: announce

text: as

text: the

text: Court

text: of

text: Appeals

text: did

text: a

text: fundamental

text: right

text: to

text: engage

text: in

text: homosexual

text: sodomy

text: This

text: we

text: are

text: quite

text: unwilling

text: to

text: do

text: It

text: is

text: true

text: that

text: despite

text: the

text: language

text: of

text: the

text: Due

text: Process

text: Clauses

text: of

text: the

text: Fifth

text: and

text: Fourteenth

text: Amendments

text: which

text: appears

text: to

text: focus

text: only

text: on

text: the

text: processes

text: by

text: which

text: life

text: liberty

text: or

text: property

text: is

text: taken

text: the

text: cases

text: are

text: legion

text: in

text: which

text: those

text: Clauses

text: have

text: been

text: interpreted

text: to

text: have

text: substantive

text: content

text: subsuming

text: rights

text: that

text: to

text: a

text: great

text: extent

text: are

text: immune

text: from

text: federal

text: or

text: state

text: regulation

text: or

text: proscription

text: Among

text: such

text: cases

text: are

text: those

text: recognizing

text: rights

text: that

text: have

text: little

text: or

text: no

text: textual

text: support

text: in

text: the

text: constitutional

text: language

text: Meyer

text: Prince

text: and

text: Pierce

text: fall

text: in

text: this

text: category

text: as

text: do

text: the

text: privacy

text: cases

text: from

text: Griswold

text: to

text: Carey

text: Striving

text: to

text: assure

text: itself

text: and

text: the

text: public

text: that

text: announcing

text: rights

text: not

text: readily

text: identifiable

text: in

text: the

text: Constitution

text: s

text: text

text: involves

text: much

text: more

text: than

text: the

text: imposition

text: of

text: the

text: Justices

text: own

text: choice

text: of

text: values

text: on

text: the

text: States

text: and

text: the

text: Federal

text: Government

text: the

text: Court

text: has

text: sought

text: to

text: identify

text: the

text: nature

text: of

text: the

text: rights

text: qualifying

text: for

text: heightened

text: judicial

text: protection

text: In

text: Palko

text: v

text: Connecticut

text: U

text: S

text: it

text: was

text: said

text: that

text: this

text: category

text: includes

text: those

text: fundamental

text: liberties

text: that

text: are

text: implicit

text: in

text: the

text: concept

text: of

text: ordered

text: liberty

text: such

text: that

text: neither

text: liberty

text: nor

text: justice

text: would

text: exist

text: if

text: they

text: were

text: sacrificed

text: A

text: different

text: description

text: of

text: fundamental

text: liberties

text: appeared

text: in

text: Moore

text: v

text: East

text: Cleveland

text: U

text: S

text: opinion

text: of

text: POWELL

text: J

text: where

text: they

text: are

text: characterized

text: as

text: those

text: liberties

text: that

text: are

text: deeply

text: rooted

text: in

text: this

text: Nation

text: s

text: history

text: and

text: tradition

text: Id

text: at

text: POWELL

text: J

text: See

text: also

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: at

text: It

text: is

text: obvious

text: to

text: us

text: that

text: neither

text: of

text: these

text: formulations

text: would

text: extend

text: a

text: fundamental

text: right

text: to

text: homosexuals

text: to

text: engage

text: in

text: acts

text: of

text: consensual

text: sodomy

text: Proscriptions

text: against

text: that

text: conduct

text: have

text: ancient

text: roots

text: See

text: generally

text: Survey

text: on

text: the

text: Constitutional

text: Right

text: to

text: Privacy

text: in

text: the

text: Context

text: of

text: Homosexual

text: Activity

text: U

text: Miami

text: L

text: Rev

text: Sodomy

text: was

text: a

text: criminal

text: offense

text: at

text: common

text: law

text: and

text: was

text: forbidden

text: by

text: the

text: laws

text: of

text: the

text: original

text: States

text: when

text: they

text: ratified

text: the

text: Bill

text: of

text: Rights

text: In

text: when

text: the

text: Fourteenth

text: Amendment

text: was

text: ratified

text: all

text: but

text: of

text: the

text: States

text: in

text: the

text: Union

text: had

text: criminal

text: sodomy

text: laws

text: In

text: fact

text: until

text: all

text: States

text: outlawed

text: sodomy

text: and

text: today

text: States

text: and

text: the

text: District

text: of

text: Columbia

text: continue

text: to

text: provide

text: criminal

text: penalties

text: for

text: sodomy

text: performed

text: in

text: private

text: and

text: between

text: consenting

text: adults

text: See

text: Survey

text: U

text: Miami

text: L

text: Rev

text: supra

text: at

text: n

text: Against

text: this

text: background

text: to

text: claim

text: that

text: a

text: right

text: to

text: engage

text: in

text: such

text: conduct

text: is

text: deeply

text: rooted

text: in

text: this

text: Nation

text: s

text: history

text: and

text: tradition

text: or

text: implicit

text: in

text: the

text: concept

text: of

text: ordered

text: liberty

text: is

text: at

text: best

text: facetious

text: Nor

text: are

text: we

text: inclined

text: to

text: take

text: a

text: more

text: expansive

text: view

text: of

text: our

text: authority

text: to

text: discover

text: new

text: fundamental

text: rights

text: imbedded

text: in

text: the

text: Due

text: Process

text: Clause

text: The

text: Court

text: is

text: most

text: vulnerable

text: and

text: comes

text: nearest

text: to

text: illegitimacy

text: when

text: it

text: deals

text: with

text: judge

text: made

text: constitutional

text: law

text: having

text: little

text: or

text: no

text: cognizable

text: roots

text: in

text: the

text: language

text: or

text: design

text: of

text: the

text: Constitution

text: That

text: this

text: is

text: so

text: was

text: painfully

text: demonstrated

text: by

text: the

text: face

text: off

text: between

text: the

text: Executive

text: and

text: the

text: Court

text: in

text: the

text: s

text: which

text: resulted

text: in

text: the

text: repudiation

text: of

text: much

text: of

text: the

text: substantive

text: gloss

text: that

text: the

text: Court

text: had

text: placed

text: on

text: the

text: Due

text: Process

text: Clauses

text: of

text: the

text: Fifth

text: and

text: Fourteenth

text: Amendments

text: There

text: should

text: be

text: therefore

text: great

text: resistance

text: to

text: expand

text: the

text: substantive

text: reach

text: of

text: those

text: Clauses

text: particularly

text: if

text: it

text: requires

text: redefining

text: the

text: category

text: of

text: rights

text: deemed

text: to

text: be

text: fundamental

text: Otherwise

text: the

text: Judiciary

text: necessarily

text: takes

text: to

text: itself

text: further

text: authority

text: to

text: govern

text: the

text: country

text: without

text: express

text: constitutional

text: authority

text: The

text: claimed

text: right

text: pressed

text: on

text: us

text: today

text: falls

text: for

text: short

text: of

text: overcoming

text: this

text: resistance

text: Respondent

text: however

text: asserts

text: that

text: the

text: result

text: should

text: be

text: different

text: where

text: the

text: homosexual

text: conduct

text: occurs

text: in

text: the

text: privacy

text: of

text: the

text: home

text: He

text: relies

text: on

text: Stanley

text: v

text: Georgia

text: U

text: S

text: where

text: the

text: Court

text: held

text: that

text: the

text: First

text: Amendment

text: prevents

text: conviction

text: for

text: possessing

text: and

text: reading

text: obscene

text: material

text: in

text: the

text: privacy

text: of

text: one

text: s

text: home

text: If

text: the

text: First

text: Amendment

text: means

text: anything

text: it

text: means

text: that

text: a

text: State

text: has

text: no

text: business

text: telling

text: a

text: man

text: sitting

text: alone

text: in

text: his

text: house

text: what

text: books

text: he

text: may

text: read

text: or

text: what

text: films

text: he

text: may

text: watch

text: Id

text: at

text: Stanley

text: did

text: protect

text: conduct

text: that

text: would

text: not

text: have

text: been

text: protected

text: outside

text: the

text: home

text: and

text: it

text: partially

text: prevented

text: the

text: enforcement

text: of

text: state

text: obscenity

text: laws

text: but

text: the

text: decision

text: was

text: firmly

text: grounded

text: in

text: the

text: First

text: Amendment

text: The

text: right

text: pressed

text: upon

text: us

text: here

text: has

text: no

text: similar

text: support

text: in

text: the

text: text

text: of

text: the

text: Constitution

text: and

text: it

text: does

text: not

text: qualify

text: for

text: recognition

text: under

text: the

text: prevailing

text: principles

text: for

text: construing

text: the

text: Fourteenth

text: Amendment

text: Its

text: limits

text: are

text: also

text: difficult

text: to

text: discern

text: Plainly

text: enough

text: otherwise

text: illegal

text: conduct

text: is

text: not

text: always

text: immunized

text: whenever

text: it

text: occurs

text: in

text: the

text: home

text: Victimless

text: crimes

text: such

text: as

text: the

text: possession

text: and

text: use

text: of

text: illegal

text: drugs

text: do

text: not

text: escape

text: the

text: law

text: where

text: they

text: are

text: committed

text: at

text: home

text: Stanley

text: itself

text: recognized

text: that

text: its

text: holding

text: offered

text: no

text: protection

text: for

text: the

text: possession

text: in

text: the

text: home

text: of

text: drugs

text: firearms

text: or

text: stolen

text: goods

text: Id

text: at

text: n

text: And

text: if

text: respondent

text: s

text: submission

text: is

text: limited

text: to

text: the

text: voluntary

text: sexual

text: conduct

text: between

text: consenting

text: adults

text: it

text: would

text: be

text: difficult

text: except

text: by

text: fiat

text: to

text: limit

text: the

text: claimed

text: right

text: to

text: homosexual

text: conduct

text: while

text: leaving

text: exposed

text: to

text: prosecution

text: adultery

text: incest

text: and

text: other

text: sexual

text: crimes

text: even

text: though

text: they

text: are

text: committed

text: in

text: the

text: home

text: We

text: are

text: unwilling

text: to

text: start

text: down

text: that

text: road

text: Even

text: if

text: the

text: conduct

text: at

text: issue

text: here

text: is

text: not

text: a

text: fundamental

text: right

text: respondent

text: asserts

text: that

text: there

text: must

text: be

text: a

text: rational

text: basis

text: for

text: the

text: law

text: and

text: that

text: there

text: is

text: in

text: this

text: case

text: other

text: than

text: the

text: presumed

text: belief

text: of

text: a

text: majority

text: of

text: the

text: electorate

text: in

text: Georgia

text: that

text: homosexual

text: sodomy

text: is

text: immoral

text: and

text: unacceptable

text: This

text: is

text: said

text: to

text: be

text: an

text: inadequate

text: rationale

text: to

text: support

text: the

text: law

text: The

text: law

text: however

text: is

text: constantly

text: based

text: on

text: notions

text: of

text: morality

text: and

text: if

text: all

text: laws

text: representing

text: essentially

text: moral

text: choices

text: are

text: to

text: be

text: invalidated

text: under

text: the

text: Due

text: Process

text: Clause

text: the

text: courts

text: will

text: be

text: very

text: busy

text: indeed

text: Even

text: respondent

text: makes

text: no

text: such

text: claim

text: but

text: insists

text: that

text: majority

text: sentiments

text: about

text: the

text: morality

text: of

text: homosexuality

text: should

text: be

text: declared

text: inadequate

text: We

text: do

text: not

text: agree

text: and

text: are

text: unpersuaded

text: that

text: the

text: sodomy

text: laws

text: of

text: some

text: States

text: should

text: be

text: invalidated

text: on

text: this

text: basis

text: Accordingly

text: the

text: judgment

text: of

text: the

text: Court

text: of

text: Appeals

text: is

text: Reversed

text: CHIEF

text: JUSTICE

text: BURGER

text: concurring

text: I

text: join

text: the

text: Court

text: s

text: opinion

text: but

text: I

text: write

text: separately

text: to

text: underscore

text: my

text: view

text: that

text: in

text: constitutional

text: terms

text: there

text: is

text: no

text: such

text: thing

text: as

text: a

text: fundamental

text: right

text: to

text: commit

text: homosexual

text: sodomy

text: As

text: the

text: Court

text: notes

text: ante

text: at

text: the

text: proscriptions

text: against

text: sodomy

text: have

text: very

text: ancient

text: roots

text: Decisions

text: of

text: individuals

text: relating

text: to

text: homosexual

text: conduct

text: have

text: been

text: subject

text: to

text: state

text: intervention

text: throughout

text: the

text: history

text: of

text: Western

text: civilization

text: Condemnation

text: of

text: those

text: practices

text: is

text: firmly

text: rooted

text: in

text: Judeao

text: Christian

text: moral

text: and

text: ethical

text: standards

text: Homosexual

text: sodomy

text: was

text: a

text: capital

text: crime

text: under

text: Roman

text: law

text: See

text: Code

text: Theod

text: Code

text: Just

text: See

text: also

text: D

text: Bailey

text: Homosexuality

text: and

text: the

text: Western

text: Christian

text: Tradition

text: During

text: the

text: English

text: Reformation

text: when

text: powers

text: of

text: the

text: ecclesiastical

text: courts

text: were

text: transferred

text: to

text: the

text: King

text: s

text: Courts

text: the

text: first

text: English

text: statute

text: criminalizing

text: sodomy

text: was

text: passed

text: Hen

text: VIII

text: ch

text: Blackstone

text: described

text: the

text: infamous

text: crime

text: against

text: nature

text: as

text: an

text: offense

text: of

text: deeper

text: malignity

text: than

text: rape

text: a

text: heinous

text: act

text: the

text: very

text: mention

text: of

text: which

text: is

text: a

text: disgrace

text: to

text: human

text: nature

text: and

text: a

text: crime

text: not

text: fit

text: to

text: be

text: named

text: W

text: Blackstone

text: Commentaries

text: The

text: common

text: law

text: of

text: England

text: including

text: its

text: prohibition

text: of

text: sodomy

text: became

text: the

text: received

text: law

text: of

text: Georgia

text: and

text: the

text: other

text: Colonies

text: In

text: the

text: Georgia

text: Legislature

text: passed

text: the

text: statute

text: at

text: issue

text: here

text: and

text: that

text: statute

text: has

text: been

text: continuously

text: in

text: force

text: in

text: one

text: form

text: or

text: another

text: since

text: that

text: time

text: To

text: hold

text: that

text: the

text: act

text: of

text: homosexual

text: sodomy

text: is

text: somehow

text: protected

text: as

text: a

text: fundamental

text: right

text: would

text: be

text: to

text: cast

text: aside

text: millennia

text: of

text: moral

text: teaching

text: This

text: is

text: essentially

text: not

text: a

text: question

text: of

text: personal

text: preferences

text: but

text: rather

text: of

text: the

text: legislative

text: authority

text: of

text: the

text: State

text: I

text: find

text: nothing

text: in

text: the

text: Constitution

text: depriving

text: a

text: State

text: of

text: the

text: power

text: to

text: enact

text: the

text: statute

text: challenged

text: here

text: JUSTICE

text: POWELL

text: concurring

text: I

text: join

text: the

text: opinion

text: of

text: the

text: Court

text: I

text: agree

text: with

text: the

text: Court

text: that

text: there

text: is

text: no

text: fundamental

text: right

text: i

text: e

text: no

text: substantive

text: right

text: under

text: the

text: Due

text: Process

text: Clause

text: such

text: as

text: that

text: claimed

text: by

text: respondent

text: Hardwick

text: and

text: found

text: to

text: exist

text: by

text: the

text: Court

text: of

text: Appeals

text: This

text: is

text: not

text: to

text: suggest

text: however

text: that

text: respondent

text: may

text: not

text: be

text: protected

text: by

text: the

text: Eighth

text: Amendment

text: of

text: the

text: Constitution

text: The

text: Georgia

text: statute

text: at

text: issue

text: in

text: this

text: case

text: Ga

text: Code

text: Ann

text: authorizes

text: a

text: court

text: to

text: imprison

text: a

text: person

text: for

text: up

text: to

text: years

text: for

text: a

text: single

text: private

text: consensual

text: act

text: of

text: sodomy

text: In

text: my

text: view

text: a

text: prison

text: sentence

text: for

text: such

text: conduct

text: certainly

text: a

text: sentence

text: of

text: long

text: duration

text: would

text: create

text: a

text: serious

text: Eighth

text: Amendment

text: issue

text: Under

text: the

text: Georgia

text: statute

text: a

text: single

text: act

text: of

text: sodomy

text: even

text: in

text: the

text: private

text: setting

text: of

text: a

text: home

text: is

text: a

text: felony

text: comparable

text: in

text: terms

text: of

text: the

text: possible

text: sentence

text: imposed

text: to

text: serious

text: felonies

text: such

text: as

text: aggravated

text: battery

text: first

text: degree

text: arson

text: and

text: robbery

text: In

text: this

text: case

text: however

text: respondent

text: has

text: not

text: been

text: tried

text: much

text: less

text: convicted

text: and

text: sentenced

text: Moreover

text: respondent

text: has

text: not

text: raised

text: the

text: Eighth

text: Amendment

text: issue

text: below

text: For

text: these

text: reasons

text: this

text: constitutional

text: argument

text: is

text: not

text: before

text: us

text: JUSTICE

text: BLACKMUN

text: with

text: whom

text: JUSTICE

text: BRENNAN

text: JUSTICE

text: MARSHALL

text: and

text: JUSTICE

text: STEVENS

text: join

text: dissenting

text: This

text: case

text: is

text: no

text: more

text: about

text: a

text: fundamental

text: right

text: to

text: engage

text: in

text: homosexual

text: sodomy

text: as

text: the

text: Court

text: purports

text: to

text: declare

text: ante

text: at

text: than

text: Stanley

text: v

text: Georgia

text: U

text: S

text: was

text: about

text: a

text: fundamental

text: right

text: to

text: watch

text: obscene

text: movies

text: or

text: Katz

text: v

text: United

text: States

text: U

text: S

text: was

text: about

text: a

text: fundamental

text: right

text: to

text: place

text: interstate

text: bets

text: from

text: a

text: telephone

text: booth

text: Rather

text: this

text: case

text: is

text: about

text: the

text: most

text: comprehensive

text: of

text: rights

text: and

text: the

text: right

text: most

text: valued

text: by

text: civilized

text: men

text: namely

text: the

text: right

text: to

text: be

text: let

text: alone

text: Olmstead

text: v

text: United

text: States

text: U

text: S

text: Brandeis

text: J

text: dissenting

text: The

text: statute

text: at

text: issue

text: Ga

text: Code

text: Ann

text: denies

text: individuals

text: the

text: right

text: to

text: decide

text: for

text: themselves

text: whether

text: to

text: engage

text: in

text: particular

text: forms

text: of

text: private

text: consensual

text: sexual

text: activity

text: The

text: Court

text: concludes

text: that

text: is

text: valid

text: essentially

text: because

text: the

text: laws

text: of

text: many

text: States

text: still

text: make

text: such

text: conduct

text: illegal

text: and

text: have

text: done

text: so

text: for

text: a

text: very

text: long

text: time

text: Ante

text: at

text: But

text: the

text: fact

text: that

text: the

text: moral

text: judgments

text: expressed

text: by

text: statutes

text: like

text: may

text: be

text: natural

text: and

text: familiar

text: ought

text: not

text: to

text: conclude

text: our

text: judgment

text: upon

text: the

text: question

text: whether

text: statutes

text: embodying

text: them

text: conflict

text: with

text: the

text: Constitution

text: of

text: the

text: United

text: States

text: Roe

text: v

text: Wade

text: U

text: S

text: quoting

text: Lochner

text: v

text: New

text: York

text: U

text: S

text: Holmes

text: J

text: dissenting

text: Like

text: Justice

text: Holmes

text: I

text: believe

text: that

text: i

text: t

text: is

text: revolting

text: to

text: have

text: no

text: better

text: reason

text: for

text: a

text: rule

text: of

text: law

text: than

text: that

text: so

text: it

text: was

text: laid

text: down

text: in

text: the

text: time

text: of

text: Henry

text: IV

text: It

text: is

text: still

text: more

text: revolting

text: if

text: the

text: grounds

text: upon

text: which

text: it

text: was

text: laid

text: down

text: have

text: vanished

text: long

text: since

text: and

text: the

text: rule

text: simply

text: persists

text: from

text: blind

text: imitation

text: of

text: the

text: past

text: Holmes

text: The

text: Path

text: of

text: the

text: Law

text: Harv

text: L

text: Rev

text: I

text: believe

text: we

text: must

text: analyze

text: respondent

text: Hardwick

text: s

text: claim

text: in

text: the

text: light

text: of

text: the

text: values

text: that

text: underlie

text: the

text: constitutional

text: right

text: to

text: privacy

text: If

text: that

text: right

text: means

text: anything

text: it

text: means

text: that

text: before

text: Georgia

text: can

text: prosecute

text: its

text: citizens

text: for

text: making

text: choices

text: about

text: the

text: most

text: intimate

text: aspects

text: of

text: their

text: lives

text: it

text: must

text: do

text: more

text: than

text: assert

text: that

text: the

text: choice

text: they

text: have

text: made

text: is

text: an

text: abominable

text: crime

text: not

text: fit

text: to

text: be

text: named

text: among

text: Christians

text: Herring

text: v

text: State

text: Ga

text: S

text: E

text: I

text: In

text: its

text: haste

text: to

text: reverse

text: the

text: Court

text: of

text: Appeals

text: and

text: hold

text: that

text: the

text: Constitution

text: does

text: not

text: confe

text: r

text: a

text: fundamental

text: right

text: upon

text: homosexuals

text: to

text: engage

text: in

text: sodomy

text: ante

text: at

text: the

text: Court

text: relegates

text: the

text: actual

text: statute

text: being

text: challenged

text: to

text: a

text: footnote

text: and

text: ignores

text: the

text: procedural

text: posture

text: of

text: the

text: case

text: before

text: it

text: A

text: fair

text: reading

text: of

text: the

text: statute

text: and

text: of

text: the

text: complaint

text: clearly

text: reveals

text: that

text: the

text: majority

text: has

text: distorted

text: the

text: question

text: this

text: case

text: presents

text: First

text: the

text: Court

text: s

text: almost

text: obsessive

text: focus

text: on

text: homosexual

text: activity

text: is

text: particularly

text: hard

text: to

text: justify

text: in

text: light

text: of

text: the

text: broad

text: language

text: Georgia

text: has

text: used

text: Unlike

text: the

text: Court

text: the

text: Georgia

text: Legislature

text: has

text: not

text: proceeded

text: on

text: the

text: assumption

text: that

text: homosexuals

text: are

text: so

text: different

text: from

text: other

text: citizens

text: that

text: their

text: lives

text: may

text: be

text: controlled

text: in

text: a

text: way

text: that

text: would

text: not

text: be

text: tolerated

text: if

text: it

text: limited

text: the

text: choices

text: of

text: those

text: other

text: citizens

text: Cf

text: ante

text: at

text: n

text: Rather

text: Georgia

text: has

text: provided

text: that

text: a

text: person

text: commits

text: the

text: offense

text: of

text: sodomy

text: when

text: he

text: performs

text: or

text: submits

text: to

text: any

text: sexual

text: act

text: involving

text: the

text: sex

text: organs

text: of

text: one

text: person

text: and

text: the

text: mouth

text: or

text: anus

text: of

text: another

text: Ga

text: Code

text: Ann

text: a

text: The

text: sex

text: or

text: status

text: of

text: the

text: persons

text: who

text: engage

text: in

text: the

text: act

text: is

text: irrelevant

text: as

text: a

text: matter

text: of

text: state

text: law

text: In

text: fact

text: to

text: the

text: extent

text: I

text: can

text: discern

text: a

text: legislative

text: purpose

text: for

text: Georgia

text: s

text: enactment

text: of

text: that

text: purpose

text: seems

text: to

text: have

text: been

text: to

text: broaden

text: the

text: coverage

text: of

text: the

text: law

text: to

text: reach

text: heterosexual

text: as

text: well

text: as

text: homosexual

text: activity

text: I

text: therefore

text: see

text: no

text: basis

text: for

text: the

text: Court

text: s

text: decision

text: to

text: treat

text: this

text: case

text: as

text: an

text: as

text: applied

text: challenge

text: to

text: see

text: ante

text: at

text: n

text: or

text: for

text: Georgia

text: s

text: attempt

text: both

text: in

text: its

text: brief

text: and

text: at

text: oral

text: argument

text: to

text: defend

text: solely

text: on

text: the

text: grounds

text: that

text: it

text: prohibits

text: homosexual

text: activity

text: Michael

text: Hardwick

text: s

text: standing

text: may

text: rest

text: in

text: significant

text: part

text: on

text: Georgia

text: s

text: apparent

text: willingness

text: to

text: enforce

text: against

text: homosexuals

text: a

text: law

text: it

text: seems

text: not

text: to

text: have

text: any

text: desire

text: to

text: enforce

text: against

text: heterosexuals

text: See

text: Tr

text: of

text: Oral

text: Arg

text: cf

text: F

text: d

text: CA

text: But

text: his

text: claim

text: that

text: involves

text: an

text: unconstitutional

text: intrusion

text: into

text: his

text: privacy

text: and

text: his

text: right

text: of

text: intimate

text: association

text: does

text: not

text: depend

text: in

text: any

text: way

text: on

text: his

text: sexual

text: orientation

text: Second

text: I

text: disagree

text: with

text: the

text: Court

text: s

text: refusal

text: to

text: consider

text: whether

text: runs

text: afoul

text: of

text: the

text: Eighth

text: or

text: Ninth

text: Amendments

text: or

text: the

text: Equal

text: Protection

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: Ante

text: at

text: n

text: Respondent

text: s

text: complaint

text: expressly

text: invoked

text: the

text: Ninth

text: Amendment

text: see

text: App

text: and

text: he

text: relied

text: heavily

text: before

text: this

text: Court

text: on

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: which

text: identifies

text: that

text: Amendment

text: as

text: one

text: of

text: the

text: specific

text: constitutional

text: provisions

text: giving

text: life

text: and

text: substance

text: to

text: our

text: understanding

text: of

text: privacy

text: See

text: Brief

text: for

text: Respondent

text: Hardwick

text: Tr

text: of

text: Oral

text: Arg

text: More

text: importantly

text: the

text: procedural

text: posture

text: of

text: the

text: case

text: requires

text: that

text: we

text: affirm

text: the

text: Court

text: of

text: Appeals

text: judgment

text: if

text: there

text: is

text: any

text: ground

text: on

text: which

text: respondent

text: may

text: be

text: entitled

text: to

text: relief

text: This

text: case

text: is

text: before

text: us

text: on

text: petitioner

text: s

text: motion

text: to

text: dismiss

text: for

text: failure

text: to

text: state

text: a

text: claim

text: Fed

text: Rule

text: Civ

text: Proc

text: b

text: See

text: App

text: It

text: is

text: a

text: well

text: settled

text: principle

text: of

text: law

text: that

text: a

text: complaint

text: should

text: not

text: be

text: dismissed

text: merely

text: because

text: a

text: plaintiff

text: s

text: allegations

text: do

text: not

text: support

text: the

text: particular

text: legal

text: theory

text: he

text: advances

text: for

text: the

text: court

text: is

text: under

text: a

text: duty

text: to

text: examine

text: the

text: complaint

text: to

text: determine

text: if

text: the

text: allegations

text: provide

text: for

text: relief

text: on

text: any

text: possible

text: theory

text: Bramlet

text: v

text: Wilson

text: F

text: d

text: CA

text: see

text: Parr

text: v

text: Great

text: Lakes

text: Express

text: Co

text: F

text: d

text: CA

text: Due

text: v

text: Tallahassee

text: Theaters

text: Inc

text: F

text: d

text: CA

text: United

text: States

text: v

text: Howell

text: F

text: d

text: CA

text: C

text: Wright

text: A

text: Miller

text: Federal

text: Practice

text: and

text: Procedure

text: pp

text: see

text: also

text: Conley

text: v

text: Gibson

text: U

text: S

text: Thus

text: even

text: if

text: respondent

text: did

text: not

text: advance

text: claims

text: based

text: on

text: the

text: Eighth

text: or

text: Ninth

text: Amendments

text: or

text: on

text: the

text: Equal

text: Protection

text: Clause

text: his

text: complaint

text: should

text: not

text: be

text: dismissed

text: if

text: any

text: of

text: those

text: provisions

text: could

text: entitle

text: him

text: to

text: relief

text: I

text: need

text: not

text: reach

text: either

text: the

text: Eighth

text: Amendment

text: or

text: the

text: Equal

text: Protection

text: Clause

text: issues

text: because

text: I

text: believe

text: that

text: Hardwick

text: has

text: stated

text: a

text: cognizable

text: claim

text: that

text: interferes

text: with

text: constitutionally

text: protected

text: interests

text: in

text: privacy

text: and

text: freedom

text: of

text: intimate

text: association

text: But

text: neither

text: the

text: Eighth

text: Amendment

text: nor

text: the

text: Equal

text: Protection

text: Clause

text: is

text: so

text: clearly

text: irrelevant

text: that

text: a

text: claim

text: resting

text: on

text: either

text: provision

text: should

text: be

text: peremptorily

text: dismissed

text: The

text: Court

text: s

text: cramped

text: reading

text: of

text: the

text: issue

text: before

text: it

text: makes

text: for

text: a

text: short

text: opinion

text: but

text: it

text: does

text: little

text: to

text: make

text: for

text: a

text: persuasive

text: one

text: II

text: Our

text: cases

text: long

text: have

text: recognized

text: that

text: the

text: Constitution

text: embodies

text: a

text: promise

text: that

text: a

text: certain

text: private

text: sphere

text: of

text: individual

text: liberty

text: will

text: be

text: kept

text: largely

text: beyond

text: the

text: reach

text: of

text: government

text: Thornburgh

text: v

text: American

text: College

text: of

text: Obstetricians

text: Gynecologists

text: U

text: S

text: In

text: construing

text: the

text: right

text: to

text: privacy

text: the

text: Court

text: has

text: proceeded

text: along

text: two

text: somewhat

text: distinct

text: albeit

text: complementary

text: lines

text: First

text: it

text: has

text: recognized

text: a

text: privacy

text: interest

text: with

text: reference

text: to

text: certain

text: decisions

text: that

text: are

text: properly

text: for

text: the

text: individual

text: to

text: make

text: E

text: g

text: Roe

text: v

text: Wade

text: U

text: S

text: Pierce

text: v

text: Society

text: of

text: Sisters

text: U

text: S

text: Second

text: it

text: has

text: recognized

text: a

text: privacy

text: interest

text: with

text: reference

text: to

text: certain

text: places

text: without

text: regard

text: for

text: the

text: particular

text: activities

text: in

text: which

text: the

text: individuals

text: who

text: occupy

text: them

text: are

text: engaged

text: E

text: g

text: United

text: States

text: v

text: Karo

text: U

text: S

text: Payton

text: v

text: New

text: York

text: U

text: S

text: Rios

text: v

text: United

text: States

text: U

text: S

text: The

text: case

text: before

text: us

text: implicates

text: both

text: the

text: decisional

text: and

text: the

text: spatial

text: aspects

text: of

text: the

text: right

text: to

text: privacy

text: A

text: The

text: Court

text: concludes

text: today

text: that

text: of

text: our

text: prior

text: cases

text: dealing

text: with

text: various

text: decisions

text: that

text: individuals

text: are

text: entitled

text: to

text: make

text: free

text: of

text: governmental

text: interference

text: bears

text: any

text: resemblance

text: to

text: the

text: claimed

text: constitutional

text: right

text: of

text: homosexuals

text: to

text: engage

text: in

text: acts

text: of

text: sodomy

text: that

text: is

text: asserted

text: in

text: this

text: case

text: Ante

text: at

text: While

text: it

text: is

text: true

text: that

text: these

text: cases

text: may

text: be

text: characterized

text: by

text: their

text: connection

text: to

text: protection

text: of

text: the

text: family

text: see

text: Roberts

text: v

text: United

text: States

text: Jaycees

text: U

text: S

text: the

text: Court

text: s

text: conclusion

text: that

text: they

text: extend

text: no

text: further

text: than

text: this

text: boundary

text: ignores

text: the

text: warning

text: in

text: Moore

text: v

text: East

text: Cleveland

text: U

text: S

text: plurality

text: opinion

text: against

text: clos

text: ing

text: our

text: eyes

text: to

text: the

text: basic

text: reasons

text: why

text: certain

text: rights

text: associated

text: with

text: the

text: family

text: have

text: been

text: accorded

text: shelter

text: under

text: the

text: Fourteenth

text: Amendment

text: s

text: Due

text: Process

text: Clause

text: We

text: protect

text: those

text: rights

text: not

text: because

text: they

text: contribute

text: in

text: some

text: direct

text: and

text: material

text: way

text: to

text: the

text: general

text: public

text: welfare

text: but

text: because

text: they

text: form

text: so

text: central

text: a

text: part

text: of

text: an

text: individual

text: s

text: life

text: T

text: he

text: concept

text: of

text: privacy

text: embodies

text: the

text: moral

text: fact

text: that

text: a

text: person

text: belongs

text: to

text: himself

text: and

text: not

text: others

text: nor

text: to

text: society

text: as

text: a

text: whole

text: Thornburgh

text: v

text: American

text: College

text: of

text: Obstetricians

text: Gynecologists

text: U

text: S

text: at

text: n

text: STEVENS

text: J

text: concurring

text: quoting

text: Fried

text: Correspondence

text: Phil

text: Pub

text: Affairs

text: And

text: so

text: we

text: protect

text: the

text: decision

text: whether

text: to

text: marry

text: precisely

text: because

text: marriage

text: is

text: an

text: association

text: that

text: promotes

text: a

text: way

text: of

text: life

text: not

text: causes

text: a

text: harmony

text: in

text: living

text: not

text: political

text: faiths

text: a

text: bilateral

text: loyalty

text: not

text: commercial

text: or

text: social

text: projects

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: at

text: We

text: protect

text: the

text: decision

text: whether

text: to

text: have

text: a

text: child

text: because

text: parenthood

text: alters

text: so

text: dramatically

text: an

text: individual

text: s

text: self

text: definition

text: not

text: because

text: of

text: demographic

text: considerations

text: or

text: the

text: Bible

text: s

text: command

text: to

text: be

text: fruitful

text: and

text: multiply

text: Cf

text: Thornburgh

text: v

text: American

text: College

text: of

text: Obstetricians

text: Gynecologists

text: supra

text: at

text: n

text: STEVENS

text: J

text: concurring

text: And

text: we

text: protect

text: the

text: family

text: because

text: it

text: contributes

text: so

text: powerfully

text: to

text: the

text: happiness

text: of

text: individuals

text: not

text: because

text: of

text: a

text: preference

text: for

text: stereotypical

text: households

text: Cf

text: Moore

text: v

text: East

text: Cleveland

text: U

text: S

text: at

text: plurality

text: opinion

text: The

text: Court

text: recognized

text: in

text: Roberts

text: U

text: S

text: at

text: that

text: the

text: ability

text: independently

text: to

text: define

text: one

text: s

text: identity

text: that

text: is

text: central

text: to

text: any

text: concept

text: of

text: liberty

text: cannot

text: truly

text: be

text: exercised

text: in

text: a

text: vacuum

text: we

text: all

text: depend

text: on

text: the

text: emotional

text: enrichment

text: from

text: close

text: ties

text: with

text: others

text: Ibid

text: Only

text: the

text: most

text: willful

text: blindness

text: could

text: obscure

text: the

text: fact

text: that

text: sexual

text: intimacy

text: is

text: a

text: sensitive

text: key

text: relationship

text: of

text: human

text: existence

text: central

text: to

text: family

text: life

text: community

text: welfare

text: and

text: the

text: development

text: of

text: human

text: personality

text: Paris

text: Adult

text: Theatre

text: I

text: v

text: Slaton

text: U

text: S

text: see

text: also

text: Carey

text: v

text: Population

text: Services

text: International

text: U

text: S

text: The

text: fact

text: that

text: individuals

text: define

text: themselves

text: in

text: a

text: significant

text: way

text: through

text: their

text: intimate

text: sexual

text: relationships

text: with

text: others

text: suggests

text: in

text: a

text: Nation

text: as

text: diverse

text: as

text: ours

text: that

text: there

text: may

text: be

text: many

text: right

text: ways

text: of

text: conducting

text: those

text: relationships

text: and

text: that

text: much

text: of

text: the

text: richness

text: of

text: a

text: relationship

text: will

text: come

text: from

text: the

text: freedom

text: an

text: individual

text: has

text: to

text: choose

text: the

text: form

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text: nature

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text: v

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text: variety

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text: a

text: necessary

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text: individuals

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text: choose

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text: their

text: lives

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text: acceptance

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text: fact

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text: in

text: his

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text: invasion

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text: First

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text: makers

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text: conditions

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text: pursuit

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text: recognized

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text: significance

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text: man

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text: spiritual

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text: his

text: feelings

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text: of

text: his

text: intellect

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text: knew

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text: only

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text: part

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text: pain

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text: satisfactions

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text: life

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text: be

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text: They

text: sought

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text: protect

text: Americans

text: in

text: their

text: beliefs

text: their

text: thoughts

text: their

text: emotions

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text: their

text: sensations

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text: are

text: the

text: rights

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text: appellant

text: is

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text: the

text: case

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text: us

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text: is

text: asserting

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text: right

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text: read

text: or

text: observe

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text: he

text: pleases

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text: right

text: to

text: satisfy

text: his

text: intellectual

text: and

text: emotional

text: needs

text: in

text: the

text: privacy

text: of

text: his

text: own

text: home

text: U

text: S

text: at

text: quoting

text: Olmstead

text: v

text: United

text: States

text: U

text: S

text: at

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text: J

text: dissenting

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text: central

text: place

text: that

text: Stanley

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text: Olmstead

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text: case

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text: First

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text: Stanley

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text: much

text: on

text: the

text: Court

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text: understanding

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text: the

text: Fourth

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text: did

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text: the

text: First

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text: v

text: Slaton

text: U

text: S

text: the

text: Court

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text: reliance

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text: the

text: Fourth

text: Amendment

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text: only

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text: Court

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text: outcome

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text: Stanley

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text: necessary

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text: First

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text: itself

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text: Court

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text: decide

text: Stanley

text: on

text: the

text: narrow

text: basis

text: of

text: the

text: privacy

text: of

text: the

text: home

text: which

text: was

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text: than

text: a

text: reaffirmation

text: that

text: a

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text: home

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text: castle

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text: S

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text: The

text: right

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text: the

text: people

text: to

text: be

text: secure

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text: their

text: houses

text: expressly

text: guaranteed

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text: the

text: Fourth

text: Amendment

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text: perhaps

text: the

text: most

text: textual

text: of

text: the

text: various

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text: the

text: right

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text: thus

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text: Court

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text: statement

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text: t

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text: upon

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text: has

text: no

text: support

text: in

text: the

text: text

text: of

text: the

text: Constitution

text: ante

text: at

text: Indeed

text: the

text: right

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text: individual

text: to

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text: relationships

text: in

text: the

text: intimacy

text: of

text: his

text: or

text: her

text: own

text: home

text: seems

text: to

text: me

text: to

text: be

text: the

text: heart

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text: the

text: Constitution

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text: privacy

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text: Court

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text: magnitude

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text: case

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text: to

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text: the

text: question

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text: behalf

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text: the

text: State

text: has

text: justified

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text: infringement

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text: these

text: interests

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text: believe

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text: neither

text: of

text: the

text: two

text: general

text: justifications

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text: petitioner

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text: respondent

text: s

text: challenge

text: for

text: failure

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text: state

text: a

text: claim

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text: petitioner

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text: the

text: acts

text: made

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text: the

text: statute

text: may

text: have

text: serious

text: adverse

text: consequences

text: for

text: the

text: general

text: public

text: health

text: and

text: welfare

text: such

text: as

text: spreading

text: communicable

text: diseases

text: or

text: fostering

text: other

text: criminal

text: activity

text: Brief

text: for

text: Petitioner

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text: this

text: case

text: was

text: dismissed

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text: the

text: District

text: Court

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text: pleading

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text: is

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text: surprising

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text: the

text: record

text: before

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text: barren

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text: any

text: evidence

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text: claim

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text: light

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text: the

text: state

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text: the

text: record

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text: Court

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text: private

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text: with

text: the

text: possession

text: in

text: the

text: home

text: of

text: drugs

text: firearms

text: or

text: stolen

text: goods

text: ante

text: at

text: to

text: which

text: Stanley

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text: extend

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text: protection

text: U

text: S

text: at

text: n

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text: the

text: behavior

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text: v

text: ictimless

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text: and

text: weapons

text: are

text: inherently

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text: e

text: g

text: McLaughlin

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text: United

text: States

text: U

text: S

text: and

text: for

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text: be

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text: it

text: Nothing

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text: the

text: record

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text: Court

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text: justification

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text: the

text: activity

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text: to

text: be

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text: dangerous

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text: persons

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text: or

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text: core

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text: petitioner

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text: defense

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text: respondent

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text: others

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text: engage

text: in

text: the

text: conduct

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text: interfere

text: with

text: Georgia

text: s

text: exercise

text: of

text: the

text: right

text: of

text: the

text: Nation

text: and

text: of

text: the

text: States

text: to

text: maintain

text: a

text: decent

text: society

text: Paris

text: Adult

text: Theater

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text: v

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text: the

text: Court

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text: the

text: fact

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text: acts

text: described

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text: hundreds

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text: years

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text: not

text: thousands

text: have

text: been

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text: as

text: immoral

text: is

text: a

text: sufficient

text: reason

text: to

text: permit

text: a

text: State

text: to

text: ban

text: them

text: today

text: Brief

text: for

text: Petitioner

text: see

text: ante

text: at

text: I

text: cannot

text: agree

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text: either

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text: length

text: of

text: time

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text: majority

text: has

text: held

text: its

text: convictions

text: or

text: the

text: passions

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text: this

text: Court

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text: security

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text: e

text: g

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text: Wade

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text: S

text: Brown

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text: Board

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text: Education

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text: S

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text: Justice

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text: wrote

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text: Court

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text: Education

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text: S

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text: apply

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text: limitations

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text: the

text: Constitution

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text: no

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text: be

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text: social

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text: right

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text: the

text: heart

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text: makes

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text: are

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text: we

text: should

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text: the

text: rights

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text: those

text: whose

text: choices

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text: majority

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text: assertion

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text: traditional

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text: proscribe

text: the

text: conduct

text: involved

text: Brief

text: for

text: Petitioner

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text: provide

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text: adequate

text: justification

text: for

text: That

text: certain

text: but

text: by

text: no

text: means

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text: religious

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text: the

text: behavior

text: at

text: issue

text: gives

text: the

text: State

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text: license

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text: impose

text: their

text: judgments

text: on

text: the

text: entire

text: citizenry

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text: legitimacy

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text: secular

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text: the

text: State

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text: justification

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text: law

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text: conformity

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text: religious

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text: e

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text: McGowan

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text: U

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text: case

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text: Thomas

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text: and

text: sodomy

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text: status

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text: the

text: Middle

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text: undermines

text: his

text: suggestion

text: that

text: represents

text: a

text: legitimate

text: use

text: of

text: secular

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text: power

text: A

text: State

text: can

text: no

text: more

text: punish

text: private

text: behavior

text: because

text: of

text: religious

text: intolerance

text: than

text: it

text: can

text: punish

text: such

text: behavior

text: because

text: of

text: racial

text: animus

text: The

text: Constitution

text: cannot

text: control

text: such

text: prejudices

text: but

text: neither

text: can

text: it

text: tolerate

text: them

text: Private

text: biases

text: may

text: be

text: outside

text: the

text: reach

text: of

text: the

text: law

text: but

text: the

text: law

text: cannot

text: directly

text: or

text: indirectly

text: give

text: them

text: effect

text: Palmore

text: v

text: Sidoti

text: U

text: S

text: No

text: matter

text: how

text: uncomfortable

text: a

text: certain

text: group

text: may

text: make

text: the

text: majority

text: of

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text: Court

text: we

text: have

text: held

text: that

text: m

text: ere

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text: intolerance

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text: deprivation

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text: a

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text: O

text: Connor

text: v

text: Donaldson

text: U

text: S

text: See

text: also

text: Cleburne

text: v

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text: Living

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text: Inc

text: U

text: S

text: United

text: States

text: Dept

text: of

text: Agriculture

text: v

text: Moreno

text: U

text: S

text: Nor

text: can

text: be

text: justified

text: as

text: a

text: morally

text: neutral

text: exercise

text: of

text: Georgia

text: s

text: power

text: to

text: protect

text: the

text: public

text: environment

text: Paris

text: Adult

text: Theatre

text: I

text: U

text: S

text: at

text: Certainly

text: some

text: private

text: behavior

text: can

text: affect

text: the

text: fabric

text: of

text: society

text: as

text: a

text: whole

text: Reasonable

text: people

text: may

text: differ

text: about

text: whether

text: particular

text: sexual

text: acts

text: are

text: moral

text: or

text: immoral

text: but

text: we

text: have

text: ample

text: evidence

text: for

text: believing

text: that

text: people

text: will

text: not

text: abandon

text: morality

text: will

text: not

text: think

text: any

text: better

text: of

text: murder

text: cruelty

text: and

text: dishonesty

text: merely

text: because

text: some

text: private

text: sexual

text: practice

text: which

text: they

text: abominate

text: is

text: not

text: punished

text: by

text: the

text: law

text: H

text: L

text: A

text: Hart

text: Immorality

text: and

text: Treason

text: reprinted

text: in

text: The

text: Law

text: as

text: Literature

text: L

text: Blom

text: Cooper

text: ed

text: Petitioner

text: and

text: the

text: Court

text: fail

text: to

text: see

text: the

text: difference

text: between

text: laws

text: that

text: protect

text: public

text: sensibilities

text: and

text: those

text: that

text: enforce

text: private

text: morality

text: Statutes

text: banning

text: public

text: sexual

text: activity

text: are

text: entirely

text: consistent

text: with

text: protecting

text: the

text: individual

text: s

text: liberty

text: interest

text: in

text: decisions

text: concerning

text: sexual

text: relations

text: the

text: same

text: recognition

text: that

text: those

text: decisions

text: are

text: intensely

text: private

text: which

text: justifies

text: protecting

text: them

text: from

text: governmental

text: interference

text: can

text: justify

text: protecting

text: individuals

text: from

text: unwilling

text: exposure

text: to

text: the

text: sexual

text: activities

text: of

text: others

text: But

text: the

text: mere

text: fact

text: that

text: intimate

text: behavior

text: may

text: be

text: punished

text: when

text: it

text: takes

text: place

text: in

text: public

text: cannot

text: dictate

text: how

text: States

text: can

text: regulate

text: intimate

text: behavior

text: that

text: occurs

text: in

text: intimate

text: places

text: See

text: Paris

text: Adult

text: Theatre

text: I

text: U

text: S

text: at

text: n

text: marital

text: intercourse

text: on

text: a

text: street

text: corner

text: or

text: a

text: theater

text: stage

text: can

text: be

text: forbidden

text: despite

text: the

text: constitutional

text: protection

text: identified

text: in

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: This

text: case

text: involves

text: no

text: real

text: interference

text: with

text: the

text: rights

text: of

text: others

text: for

text: the

text: mere

text: knowledge

text: that

text: other

text: individuals

text: do

text: not

text: adhere

text: to

text: one

text: s

text: value

text: system

text: cannot

text: be

text: a

text: legally

text: cognizable

text: interest

text: cf

text: Diamond

text: v

text: Charles

text: U

text: S

text: let

text: alone

text: an

text: interest

text: that

text: can

text: justify

text: invading

text: the

text: houses

text: hearts

text: and

text: minds

text: of

text: citizens

text: who

text: choose

text: to

text: live

text: their

text: lives

text: differently

text: IV

text: It

text: took

text: but

text: three

text: years

text: for

text: the

text: Court

text: to

text: see

text: the

text: error

text: in

text: its

text: analysis

text: in

text: Minersville

text: School

text: District

text: v

text: Gobitis

text: U

text: S

text: and

text: to

text: recognize

text: that

text: the

text: threat

text: to

text: national

text: cohesion

text: posed

text: by

text: a

text: refusal

text: to

text: salute

text: the

text: flag

text: was

text: vastly

text: outweighed

text: by

text: the

text: threat

text: to

text: those

text: same

text: values

text: posed

text: by

text: compelling

text: such

text: a

text: salute

text: See

text: West

text: Virginia

text: Board

text: of

text: Education

text: v

text: Barnette

text: U

text: S

text: I

text: can

text: only

text: hope

text: that

text: here

text: too

text: the

text: Court

text: soon

text: will

text: reconsider

text: its

text: analysis

text: and

text: conclude

text: that

text: depriving

text: individuals

text: of

text: the

text: right

text: to

text: choose

text: for

text: themselves

text: how

text: to

text: conduct

text: their

text: intimate

text: relationships

text: poses

text: a

text: far

text: greater

text: threat

text: to

text: the

text: values

text: most

text: deeply

text: rooted

text: in

text: our

text: Nation

text: s

text: history

text: than

text: tolerance

text: of

text: nonconformity

text: could

text: ever

text: do

text: Because

text: I

text: think

text: the

text: Court

text: today

text: betrays

text: those

text: values

text: I

text: dissent

text: JUSTICE

text: STEVENS

text: with

text: whom

text: JUSTICE

text: BRENNAN

text: and

text: JUSTICE

text: MARSHALL

text: join

text: dissenting

text: Like

text: the

text: statute

text: that

text: is

text: challenged

text: in

text: this

text: case

text: the

text: rationale

text: of

text: the

text: Court

text: s

text: opinion

text: applies

text: equally

text: to

text: the

text: prohibited

text: conduct

text: regardless

text: of

text: whether

text: the

text: parties

text: who

text: engage

text: in

text: it

text: are

text: married

text: or

text: unmarried

text: or

text: are

text: of

text: the

text: same

text: or

text: different

text: sexes

text: Sodomy

text: was

text: condemned

text: as

text: an

text: odious

text: and

text: sinful

text: type

text: of

text: behavior

text: during

text: the

text: formative

text: period

text: of

text: the

text: common

text: law

text: That

text: condemnation

text: was

text: equally

text: damning

text: for

text: heterosexual

text: and

text: homosexual

text: sodomy

text: Moreover

text: it

text: provided

text: no

text: special

text: exemption

text: for

text: married

text: couples

text: The

text: license

text: to

text: cohabit

text: and

text: to

text: produce

text: legitimate

text: offspring

text: simply

text: did

text: not

text: include

text: any

text: permission

text: to

text: engage

text: in

text: sexual

text: conduct

text: that

text: was

text: considered

text: a

text: crime

text: against

text: nature

text: The

text: history

text: of

text: the

text: Georgia

text: statute

text: before

text: us

text: clearly

text: reveals

text: this

text: traditional

text: prohibition

text: of

text: heterosexual

text: as

text: well

text: as

text: homosexual

text: sodomy

text: Indeed

text: at

text: one

text: point

text: in

text: the

text: th

text: century

text: Georgia

text: s

text: law

text: was

text: construed

text: to

text: permit

text: certain

text: sexual

text: conduct

text: between

text: homosexual

text: women

text: even

text: though

text: such

text: conduct

text: was

text: prohibited

text: between

text: heterosexuals

text: The

text: history

text: of

text: the

text: statutes

text: cited

text: by

text: the

text: majority

text: as

text: proof

text: for

text: the

text: proposition

text: that

text: sodomy

text: is

text: not

text: constitutionally

text: protected

text: ante

text: at

text: and

text: nn

text: and

text: similarly

text: reveals

text: a

text: prohibition

text: on

text: heterosexual

text: as

text: well

text: as

text: homosexual

text: sodomy

text: Because

text: the

text: Georgia

text: statute

text: expresses

text: the

text: traditional

text: view

text: that

text: sodomy

text: is

text: an

text: immoral

text: kind

text: of

text: conduct

text: regardless

text: of

text: the

text: identity

text: of

text: the

text: persons

text: who

text: engage

text: in

text: it

text: I

text: believe

text: that

text: a

text: proper

text: analysis

text: of

text: its

text: constitutionality

text: requires

text: consideration

text: of

text: two

text: questions

text: First

text: may

text: a

text: State

text: totally

text: prohibit

text: the

text: described

text: conduct

text: by

text: means

text: of

text: a

text: neutral

text: law

text: applying

text: without

text: exception

text: to

text: all

text: persons

text: subject

text: to

text: its

text: jurisdiction

text: If

text: not

text: may

text: the

text: State

text: save

text: the

text: statute

text: by

text: announcing

text: that

text: it

text: will

text: only

text: enforce

text: the

text: law

text: against

text: homosexuals

text: The

text: two

text: questions

text: merit

text: separate

text: discussion

text: I

text: Our

text: prior

text: cases

text: make

text: two

text: propositions

text: abundantly

text: clear

text: First

text: the

text: fact

text: that

text: the

text: governing

text: majority

text: in

text: a

text: State

text: has

text: traditionally

text: viewed

text: a

text: particular

text: practice

text: as

text: immoral

text: is

text: not

text: a

text: sufficient

text: reason

text: for

text: upholding

text: a

text: law

text: prohibiting

text: the

text: practice

text: neither

text: history

text: nor

text: tradition

text: could

text: save

text: a

text: law

text: prohibiting

text: miscegenation

text: from

text: constitutional

text: attack

text: Second

text: individual

text: decisions

text: by

text: married

text: persons

text: concerning

text: the

text: intimacies

text: of

text: their

text: physical

text: relationship

text: even

text: when

text: not

text: intended

text: to

text: produce

text: offspring

text: are

text: a

text: form

text: of

text: liberty

text: protected

text: by

text: the

text: Due

text: Process

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: Moreover

text: this

text: protection

text: extends

text: to

text: intimate

text: choices

text: by

text: unmarried

text: as

text: well

text: as

text: married

text: persons

text: Carey

text: v

text: Population

text: Services

text: International

text: U

text: S

text: Eisenstadt

text: v

text: Baird

text: U

text: S

text: In

text: consideration

text: of

text: claims

text: of

text: this

text: kind

text: the

text: Court

text: has

text: emphasized

text: the

text: individual

text: interest

text: in

text: privacy

text: but

text: its

text: decisions

text: have

text: actually

text: been

text: animated

text: by

text: an

text: even

text: more

text: fundamental

text: concern

text: As

text: I

text: wrote

text: some

text: years

text: ago

text: These

text: cases

text: do

text: not

text: deal

text: with

text: the

text: individual

text: s

text: interest

text: in

text: protection

text: from

text: unwarranted

text: public

text: attention

text: comment

text: or

text: exploitation

text: They

text: deal

text: rather

text: with

text: the

text: individual

text: s

text: right

text: to

text: make

text: certain

text: unusually

text: important

text: decisions

text: that

text: will

text: affect

text: his

text: own

text: or

text: his

text: family

text: s

text: destiny

text: The

text: Court

text: has

text: referred

text: to

text: such

text: decisions

text: as

text: implicating

text: basic

text: values

text: as

text: being

text: fundamental

text: and

text: as

text: being

text: dignified

text: by

text: history

text: and

text: tradition

text: The

text: character

text: of

text: the

text: Court

text: s

text: language

text: in

text: these

text: cases

text: brings

text: to

text: mind

text: the

text: origins

text: of

text: the

text: American

text: heritage

text: of

text: freedom

text: the

text: abiding

text: interest

text: in

text: individual

text: liberty

text: that

text: makes

text: certain

text: state

text: intrusions

text: on

text: the

text: citizen

text: s

text: right

text: to

text: decide

text: how

text: he

text: will

text: live

text: his

text: own

text: life

text: intolerable

text: Guided

text: by

text: history

text: our

text: tradition

text: of

text: respect

text: for

text: the

text: dignity

text: of

text: individual

text: choice

text: in

text: matters

text: of

text: conscience

text: and

text: the

text: restraints

text: implicit

text: in

text: the

text: federal

text: system

text: federal

text: judges

text: have

text: accepted

text: the

text: responsibility

text: for

text: recognition

text: and

text: protection

text: of

text: these

text: rights

text: in

text: appropriate

text: cases

text: Fitzgerald

text: v

text: Porter

text: Memorial

text: Hospital

text: F

text: d

text: CA

text: footnotes

text: omitted

text: cert

text: denied

text: U

text: S

text: Society

text: has

text: every

text: right

text: to

text: encourage

text: its

text: individual

text: members

text: to

text: follow

text: particular

text: traditions

text: in

text: expressing

text: affection

text: for

text: one

text: another

text: and

text: in

text: gratifying

text: their

text: personal

text: desires

text: It

text: of

text: course

text: may

text: prohibit

text: an

text: individual

text: from

text: imposing

text: his

text: will

text: on

text: another

text: to

text: satisfy

text: his

text: own

text: selfish

text: interests

text: It

text: also

text: may

text: prevent

text: an

text: individual

text: from

text: interfering

text: with

text: or

text: violating

text: a

text: legally

text: sanctioned

text: and

text: protected

text: relationship

text: such

text: as

text: marriage

text: And

text: it

text: may

text: explain

text: the

text: relative

text: advantages

text: and

text: disadvantages

text: of

text: different

text: forms

text: of

text: intimate

text: expression

text: But

text: when

text: individual

text: married

text: couples

text: are

text: isolated

text: from

text: observation

text: by

text: others

text: the

text: way

text: in

text: which

text: they

text: voluntarily

text: choose

text: to

text: conduct

text: their

text: intimate

text: relations

text: is

text: a

text: matter

text: for

text: them

text: not

text: the

text: State

text: to

text: decide

text: The

text: essential

text: liberty

text: that

text: animated

text: the

text: development

text: of

text: the

text: law

text: in

text: cases

text: like

text: Griswold

text: Eisenstadt

text: and

text: Carey

text: surely

text: embraces

text: the

text: right

text: to

text: engage

text: in

text: nonreproductive

text: sexual

text: conduct

text: that

text: others

text: may

text: consider

text: offensive

text: or

text: immoral

text: Paradoxical

text: as

text: it

text: may

text: seem

text: our

text: prior

text: cases

text: thus

text: establish

text: that

text: a

text: State

text: may

text: not

text: prohibit

text: sodomy

text: within

text: the

text: sacred

text: precincts

text: of

text: marital

text: bedrooms

text: Griswold

text: U

text: S

text: at

text: or

text: indeed

text: between

text: unmarried

text: heterosexual

text: adults

text: Eisenstadt

text: U

text: S

text: at

text: In

text: all

text: events

text: it

text: is

text: perfectly

text: clear

text: that

text: the

text: State

text: of

text: Georgia

text: may

text: not

text: totally

text: prohibit

text: the

text: conduct

text: proscribed

text: by

text: of

text: the

text: Georgia

text: Criminal

text: Code

text: II

text: If

text: the

text: Georgia

text: statute

text: cannot

text: be

text: enforced

text: as

text: it

text: is

text: written

text: if

text: the

text: conduct

text: it

text: seeks

text: to

text: prohibit

text: is

text: a

text: protected

text: form

text: of

text: liberty

text: for

text: the

text: vast

text: majority

text: of

text: Georgia

text: s

text: citizens

text: the

text: State

text: must

text: assume

text: the

text: burden

text: of

text: justifying

text: a

text: selective

text: application

text: of

text: its

text: law

text: Either

text: the

text: persons

text: to

text: whom

text: Georgia

text: seeks

text: to

text: apply

text: its

text: statute

text: do

text: not

text: have

text: the

text: same

text: interest

text: in

text: liberty

text: that

text: others

text: have

text: or

text: there

text: must

text: be

text: a

text: reason

text: why

text: the

text: State

text: may

text: be

text: permitted

text: to

text: apply

text: a

text: generally

text: applicable

text: law

text: to

text: certain

text: persons

text: that

text: it

text: does

text: not

text: apply

text: to

text: others

text: The

text: first

text: possibility

text: is

text: plainly

text: unacceptable

text: Although

text: the

text: meaning

text: of

text: the

text: principle

text: that

text: all

text: men

text: are

text: created

text: equal

text: is

text: not

text: always

text: clear

text: it

text: surely

text: must

text: mean

text: that

text: every

text: free

text: citizen

text: has

text: the

text: same

text: interest

text: in

text: liberty

text: that

text: the

text: members

text: of

text: the

text: majority

text: share

text: From

text: the

text: standpoint

text: of

text: the

text: individual

text: the

text: homosexual

text: and

text: the

text: heterosexual

text: have

text: the

text: same

text: interest

text: in

text: deciding

text: how

text: he

text: will

text: live

text: his

text: own

text: life

text: and

text: more

text: narrowly

text: how

text: he

text: will

text: conduct

text: himself

text: in

text: his

text: personal

text: and

text: voluntary

text: associations

text: with

text: his

text: companions

text: State

text: intrusion

text: into

text: the

text: private

text: conduct

text: of

text: either

text: is

text: equally

text: burdensome

text: The

text: second

text: possibility

text: is

text: similarly

text: unacceptable

text: A

text: policy

text: of

text: selective

text: application

text: must

text: be

text: supported

text: by

text: a

text: neutral

text: and

text: legitimate

text: interest

text: something

text: more

text: substantial

text: than

text: a

text: habitual

text: dislike

text: for

text: or

text: ignorance

text: about

text: the

text: disfavored

text: group

text: Neither

text: the

text: State

text: nor

text: the

text: Court

text: has

text: identified

text: any

text: such

text: interest

text: in

text: this

text: case

text: The

text: Court

text: has

text: posited

text: as

text: a

text: justification

text: for

text: the

text: Georgia

text: statute

text: the

text: presumed

text: belief

text: of

text: a

text: majority

text: of

text: the

text: electorate

text: in

text: Georgia

text: that

text: homosexual

text: sodomy

text: is

text: immoral

text: and

text: unacceptable

text: Ante

text: at

text: But

text: the

text: Georgia

text: electorate

text: has

text: expressed

text: no

text: such

text: belief

text: instead

text: its

text: representatives

text: enacted

text: a

text: law

text: that

text: presumably

text: reflects

text: the

text: belief

text: that

text: all

text: sodomy

text: is

text: immoral

text: and

text: unacceptable

text: Unless

text: the

text: Court

text: is

text: prepared

text: to

text: conclude

text: that

text: such

text: a

text: law

text: is

text: constitutional

text: it

text: may

text: not

text: rely

text: on

text: the

text: work

text: product

text: of

text: the

text: Georgia

text: Legislature

text: to

text: support

text: its

text: holding

text: For

text: the

text: Georgia

text: statute

text: does

text: not

text: single

text: out

text: homosexuals

text: as

text: a

text: separate

text: class

text: meriting

text: special

text: disfavored

text: treatment

text: Nor

text: indeed

text: does

text: not

text: Georgia

text: prosecutor

text: even

text: believe

text: that

text: all

text: homosexuals

text: who

text: violate

text: this

text: statute

text: should

text: be

text: punished

text: This

text: conclusion

text: is

text: evident

text: from

text: the

text: fact

text: that

text: the

text: respondent

text: in

text: this

text: very

text: case

text: has

text: formally

text: acknowledged

text: in

text: his

text: complaint

text: and

text: in

text: court

text: that

text: he

text: has

text: engaged

text: and

text: intends

text: to

text: continue

text: to

text: engage

text: in

text: the

text: prohibited

text: conduct

text: yet

text: the

text: State

text: has

text: elected

text: not

text: to

text: process

text: criminal

text: charges

text: against

text: him

text: As

text: JUSTICE

text: POWELL

text: points

text: out

text: moreover

text: Georgia

text: s

text: prohibition

text: on

text: private

text: consensual

text: sodomy

text: has

text: not

text: been

text: enforced

text: for

text: decades

text: The

text: record

text: of

text: nonenforcement

text: in

text: this

text: case

text: and

text: in

text: the

text: last

text: several

text: decades

text: belies

text: the

text: Attorney

text: General

text: s

text: representations

text: about

text: the

text: importance

text: of

text: the

text: State

text: s

text: selective

text: application

text: of

text: its

text: generally

text: applicable

text: law

text: Both

text: the

text: Georgia

text: statute

text: and

text: the

text: Georgia

text: prosecutor

text: thus

text: completely

text: fail

text: to

text: provide

text: the

text: Court

text: with

text: any

text: support

text: for

text: the

text: conclusion

text: that

text: homosexual

text: sodomy

text: simpliciter

text: is

text: considered

text: unacceptable

text: conduct

text: in

text: that

text: State

text: and

text: that

text: the

text: burden

text: of

text: justifying

text: a

text: selective

text: application

text: of

text: the

text: generally

text: applicable

text: law

text: has

text: been

text: met

text: III

text: The

text: Court

text: orders

text: the

text: dismissal

text: of

text: respondent

text: s

text: complaint

text: even

text: though

text: the

text: State

text: s

text: statute

text: prohibits

text: all

text: sodomy

text: even

text: though

text: that

text: prohibition

text: is

text: concededly

text: unconstitutional

text: with

text: respect

text: to

text: heterosexuals

text: and

text: even

text: though

text: the

text: State

text: s

text: post

text: hoc

text: explanations

text: for

text: selective

text: application

text: are

text: belied

text: by

text: the

text: State

text: s

text: own

text: actions

text: At

text: the

text: very

text: least

text: I

text: think

text: it

text: clear

text: at

text: this

text: early

text: stage

text: of

text: the

text: litigation

text: that

text: respondent

text: has

text: alleged

text: a

text: constitutional

text: claim

text: sufficient

text: to

text: withstand

text: a

text: motion

text: to

text: dismiss

text: I

text: respectfully

text: dissent

text: NOTES

text: Briefs

text: of

text: amici

text: curiae

text: urging

text: reversal

text: were

text: filed

text: for

text: the

text: Catholic

text: League

text: for

text: Religious

text: and

text: Civil

text: Rights

text: by

text: Steven

text: Frederick

text: McDowell

text: for

text: the

text: Rutherford

text: Institute

text: et

text: al

text: by

text: W

text: Charles

text: Bundren

text: Guy

text: O

text: Farley

text: Jr

text: George

text: M

text: Weaver

text: William

text: B

text: Hollberg

text: Wendell

text: R

text: Bird

text: John

text: W

text: Whitehead

text: Thomas

text: O

text: Kotouc

text: and

text: Alfred

text: Lindh

text: and

text: for

text: David

text: Robinson

text: Jr

text: pro

text: se

text: Georgia

text: Code

text: Ann

text: provides

text: in

text: pertinent

text: part

text: as

text: follows

text: a

text: A

text: person

text: commits

text: the

text: offense

text: of

text: sodomy

text: when

text: he

text: performs

text: or

text: submits

text: to

text: any

text: sexual

text: act

text: involving

text: the

text: sex

text: organs

text: of

text: one

text: person

text: and

text: the

text: mouth

text: or

text: anus

text: of

text: another

text: b

text: A

text: person

text: convicted

text: of

text: the

text: offense

text: of

text: sodomy

text: shall

text: be

text: punished

text: by

text: imprisonment

text: for

text: not

text: less

text: than

text: one

text: nor

text: more

text: than

text: years

text: John

text: and

text: Mary

text: Doe

text: were

text: also

text: plaintiffs

text: in

text: the

text: action

text: They

text: alleged

text: that

text: they

text: wished

text: to

text: engage

text: in

text: sexual

text: activity

text: proscribed

text: by

text: in

text: the

text: privacy

text: of

text: their

text: home

text: App

text: and

text: that

text: they

text: had

text: been

text: chilled

text: and

text: deterred

text: from

text: engaging

text: in

text: such

text: activity

text: by

text: both

text: the

text: existence

text: of

text: the

text: statute

text: and

text: Hardwick

text: s

text: arrest

text: Id

text: at

text: The

text: District

text: Court

text: held

text: however

text: that

text: because

text: they

text: had

text: neither

text: sustained

text: nor

text: were

text: in

text: immediate

text: danger

text: of

text: sustaining

text: any

text: direct

text: injury

text: from

text: the

text: enforcement

text: of

text: the

text: statute

text: they

text: did

text: not

text: have

text: proper

text: standing

text: to

text: maintain

text: the

text: action

text: Id

text: at

text: The

text: Court

text: of

text: Appeals

text: affirmed

text: the

text: District

text: Court

text: s

text: judgment

text: dismissing

text: the

text: Does

text: claim

text: for

text: lack

text: of

text: standing

text: F

text: d

text: CA

text: and

text: the

text: Does

text: do

text: not

text: challenge

text: that

text: holding

text: in

text: this

text: Court

text: The

text: only

text: claim

text: properly

text: before

text: the

text: Court

text: therefore

text: is

text: Hardwick

text: s

text: challenge

text: to

text: the

text: Georgia

text: statute

text: as

text: applied

text: to

text: consensual

text: homosexual

text: sodomy

text: We

text: express

text: no

text: opinion

text: on

text: the

text: constitutionality

text: of

text: the

text: Georgia

text: statute

text: as

text: applied

text: to

text: other

text: acts

text: of

text: sodomy

text: See

text: Baker

text: v

text: Wade

text: F

text: d

text: rehearing

text: denied

text: F

text: d

text: CA

text: en

text: banc

text: Dronenburg

text: v

text: Zech

text: U

text: S

text: App

text: D

text: C

text: F

text: d

text: rehearing

text: denied

text: U

text: S

text: App

text: D

text: C

text: F

text: d

text: Petitioner

text: also

text: submits

text: that

text: the

text: Court

text: of

text: Appeals

text: erred

text: in

text: holding

text: that

text: the

text: District

text: Court

text: was

text: not

text: obligated

text: to

text: follow

text: our

text: summary

text: affirmance

text: in

text: Doe

text: We

text: need

text: not

text: resolve

text: this

text: dispute

text: for

text: we

text: prefer

text: to

text: give

text: plenary

text: consideration

text: to

text: the

text: merits

text: of

text: this

text: case

text: rather

text: than

text: rely

text: on

text: our

text: earlier

text: action

text: in

text: Doe

text: See

text: Usery

text: v

text: Turner

text: Elkhorn

text: Mining

text: Co

text: U

text: S

text: Massachusetts

text: Board

text: of

text: Retirement

text: v

text: Murgia

text: U

text: S

text: n

text: Edelman

text: v

text: Jordan

text: U

text: S

text: Cf

text: Hicks

text: v

text: Miranda

text: U

text: S

text: Criminal

text: sodomy

text: laws

text: in

text: effect

text: in

text: Connecticut

text: Public

text: Statute

text: Laws

text: of

text: the

text: State

text: of

text: Connecticut

text: Title

text: LXVI

text: ch

text: rev

text: Delaware

text: Laws

text: of

text: the

text: State

text: of

text: Delaware

text: ch

text: passed

text: Georgia

text: had

text: no

text: criminal

text: sodomy

text: statute

text: until

text: but

text: sodomy

text: was

text: a

text: crime

text: at

text: common

text: law

text: and

text: the

text: General

text: Assembly

text: adopted

text: the

text: common

text: law

text: of

text: England

text: as

text: the

text: law

text: of

text: Georgia

text: in

text: The

text: First

text: Laws

text: of

text: the

text: State

text: of

text: Georgia

text: pt

text: p

text: Maryland

text: had

text: no

text: criminal

text: sodomy

text: statute

text: in

text: Maryland

text: s

text: Declaration

text: of

text: Rights

text: passed

text: in

text: however

text: stated

text: that

text: the

text: inhabitants

text: of

text: Maryland

text: are

text: entitled

text: to

text: the

text: common

text: law

text: of

text: England

text: and

text: sodomy

text: was

text: a

text: crime

text: at

text: common

text: law

text: W

text: Swindler

text: Sources

text: and

text: Documents

text: of

text: United

text: States

text: Constitutions

text: Massachusetts

text: Acts

text: and

text: Laws

text: passed

text: by

text: the

text: General

text: Court

text: of

text: Massachusetts

text: ch

text: Act

text: of

text: Mar

text: New

text: Hampshire

text: passed

text: its

text: first

text: sodomy

text: statute

text: in

text: Acts

text: and

text: Laws

text: of

text: New

text: Hampshire

text: p

text: Sodomy

text: was

text: a

text: crime

text: at

text: common

text: law

text: in

text: New

text: Jersey

text: at

text: the

text: time

text: of

text: the

text: ratification

text: of

text: the

text: Bill

text: of

text: Rights

text: The

text: State

text: enacted

text: its

text: first

text: criminal

text: sodomy

text: law

text: five

text: years

text: later

text: Acts

text: of

text: the

text: Twentieth

text: General

text: Assembly

text: Mar

text: ch

text: DC

text: New

text: York

text: Laws

text: of

text: New

text: York

text: ch

text: passed

text: At

text: the

text: time

text: of

text: ratification

text: of

text: the

text: Bill

text: of

text: Rights

text: North

text: Carolina

text: had

text: adopted

text: the

text: English

text: statute

text: of

text: Henry

text: VIII

text: outlawing

text: sodomy

text: See

text: Collection

text: of

text: the

text: Statutes

text: of

text: the

text: Parliament

text: of

text: England

text: in

text: Force

text: in

text: the

text: State

text: of

text: North

text: Carolina

text: ch

text: p

text: Martin

text: ed

text: Pennsylvania

text: Laws

text: of

text: the

text: Fourteenth

text: General

text: Assembly

text: of

text: the

text: Commonwealth

text: of

text: Pennsylvania

text: ch

text: CLIV

text: passed

text: Rhode

text: Island

text: passed

text: its

text: first

text: sodomy

text: law

text: in

text: The

text: Earliest

text: Acts

text: and

text: Laws

text: of

text: the

text: Colony

text: of

text: Rhode

text: Island

text: and

text: Providence

text: Plantations

text: p

text: South

text: Carolina

text: Public

text: Laws

text: of

text: the

text: State

text: of

text: South

text: Carolina

text: p

text: At

text: the

text: time

text: of

text: the

text: ratification

text: of

text: the

text: Bill

text: of

text: Rights

text: Virginia

text: had

text: no

text: specific

text: statute

text: outlawing

text: sodomy

text: but

text: had

text: adopted

text: the

text: English

text: common

text: law

text: Hening

text: s

text: Laws

text: of

text: Virginia

text: ch

text: p

text: passed

text: Criminal

text: sodomy

text: statutes

text: in

text: effect

text: in

text: Alabama

text: Ala

text: Rev

text: Code

text: Arizona

text: Terr

text: Howell

text: Code

text: ch

text: Arkansas

text: Ark

text: Stat

text: ch

text: Art

text: IV

text: California

text: Cal

text: Gen

text: Laws

text: Colorado

text: Terr

text: Colo

text: Rev

text: Stat

text: ch

text: Connecticut

text: Conn

text: Gen

text: Stat

text: Tit

text: ch

text: Delaware

text: Del

text: Rev

text: Stat

text: ch

text: Florida

text: Fla

text: Rev

text: Stat

text: div

text: passed

text: Georgia

text: Ga

text: Code

text: Kingdom

text: of

text: Hawaii

text: Haw

text: Penal

text: Code

text: ch

text: Illinois

text: Ill

text: Rev

text: Stat

text: div

text: Kansas

text: Terr

text: Kan

text: Stat

text: ch

text: Kentucky

text: Ky

text: Rev

text: Stat

text: ch

text: Art

text: IV

text: Louisiana

text: La

text: Rev

text: Stat

text: Crimes

text: and

text: Offences

text: Maine

text: Me

text: Rev

text: Stat

text: Tit

text: XII

text: ch

text: Maryland

text: Md

text: Code

text: Art

text: Massachusetts

text: Mass

text: Gen

text: Stat

text: ch

text: Michigan

text: Mich

text: Rev

text: Stat

text: Tit

text: ch

text: Minnesota

text: Minn

text: Stat

text: ch

text: Mississippi

text: Miss

text: Rev

text: Code

text: ch

text: LII

text: Art

text: Missouri

text: Mo

text: Rev

text: Stat

text: ch

text: Art

text: VIII

text: Montana

text: Terr

text: Mont

text: Acts

text: Resolutions

text: Memorials

text: Criminal

text: Practice

text: Acts

text: ch

text: IV

text: Nebraska

text: Terr

text: Neb

text: Rev

text: Stat

text: Crim

text: Code

text: ch

text: Nevada

text: Terr

text: Nev

text: Comp

text: Laws

text: Crimes

text: and

text: Punishments

text: New

text: Hampshire

text: N

text: H

text: Laws

text: Act

text: of

text: June

text: New

text: Jersey

text: N

text: J

text: Rev

text: Stat

text: Tit

text: ch

text: New

text: York

text: N

text: Y

text: Rev

text: Stat

text: pt

text: ch

text: Tit

text: th

text: ed

text: North

text: Carolina

text: N

text: C

text: Rev

text: Code

text: ch

text: Oregon

text: Laws

text: of

text: Ore

text: Crimes

text: Against

text: Morality

text: etc

text: ch

text: Pennsylvania

text: Act

text: of

text: Mar

text: Pub

text: L

text: in

text: Digest

text: of

text: Statute

text: Law

text: of

text: Pa

text: p

text: Purdon

text: Rhode

text: Island

text: R

text: I

text: Gen

text: Stat

text: ch

text: South

text: Carolina

text: Act

text: of

text: in

text: Stat

text: at

text: Large

text: of

text: S

text: C

text: p

text: Tennessee

text: Tenn

text: Code

text: ch

text: Art

text: Texas

text: Tex

text: Rev

text: Stat

text: Tit

text: ch

text: Art

text: passed

text: Vermont

text: Acts

text: and

text: Laws

text: of

text: the

text: State

text: of

text: Vt

text: Virginia

text: Va

text: Code

text: ch

text: West

text: Virginia

text: W

text: Va

text: Code

text: ch

text: Wisconsin

text: Terr

text: Wis

text: Stat

text: p

text: In

text: Illinois

text: adopted

text: the

text: American

text: Law

text: Institute

text: s

text: Model

text: Penal

text: Code

text: which

text: decriminalized

text: adult

text: consensual

text: private

text: sexual

text: conduct

text: Criminal

text: Code

text: of

text: Ill

text: Laws

text: pp

text: codified

text: as

text: amended

text: at

text: Ill

text: Rev

text: Stat

text: ch

text: repealed

text: See

text: American

text: Law

text: Institute

text: Model

text: Penal

text: Code

text: Proposed

text: Official

text: Draft

text: Respondent

text: does

text: not

text: defend

text: the

text: judgment

text: below

text: based

text: on

text: the

text: Ninth

text: Amendment

text: the

text: Equal

text: Protection

text: Clause

text: or

text: the

text: Eighth

text: Amendment

text: Among

text: those

text: States

text: that

text: continue

text: to

text: make

text: sodomy

text: a

text: crime

text: Georgia

text: authorizes

text: one

text: of

text: the

text: longest

text: possible

text: sentences

text: See

text: Ala

text: Code

text: A

text: a

text: year

text: maximum

text: Ariz

text: Rev

text: Stat

text: Ann

text: West

text: Supp

text: days

text: Ark

text: Stat

text: Ann

text: year

text: maximum

text: D

text: C

text: Code

text: year

text: maximum

text: Fla

text: Stat

text: day

text: maximum

text: Ga

text: Code

text: Ann

text: to

text: years

text: Idaho

text: Code

text: year

text: minimum

text: Kan

text: Stat

text: Ann

text: Supp

text: month

text: maximum

text: Ky

text: Rev

text: Stat

text: days

text: to

text: months

text: La

text: Rev

text: Stat

text: Ann

text: West

text: year

text: maximum

text: Md

text: Ann

text: Code

text: Art

text: year

text: maximum

text: Mich

text: Comp

text: Laws

text: year

text: maximum

text: Minn

text: Stat

text: year

text: maximum

text: Miss

text: Code

text: Ann

text: year

text: maximum

text: Mo

text: Rev

text: Stat

text: Supp

text: year

text: maximum

text: Mont

text: Code

text: Ann

text: year

text: maximum

text: Nev

text: Rev

text: Stat

text: year

text: maximum

text: N

text: C

text: Gen

text: Stat

text: year

text: maximum

text: Okla

text: Stat

text: Tit

text: year

text: maximum

text: R

text: I

text: Gen

text: Laws

text: to

text: years

text: S

text: C

text: Code

text: year

text: maximum

text: Tenn

text: Code

text: Ann

text: to

text: years

text: Tex

text: Penal

text: Code

text: Ann

text: maximum

text: fine

text: Utah

text: Code

text: Ann

text: month

text: maximum

text: Va

text: Code

text: year

text: maximum

text: It

text: was

text: conceded

text: at

text: oral

text: argument

text: that

text: prior

text: to

text: the

text: complaint

text: against

text: respondent

text: Hardwick

text: there

text: had

text: been

text: no

text: reported

text: decision

text: involving

text: prosecution

text: for

text: private

text: homosexual

text: sodomy

text: under

text: this

text: statute

text: for

text: several

text: decades

text: See

text: Thompson

text: v

text: Aldredge

text: Ga

text: S

text: E

text: Moreover

text: the

text: State

text: has

text: declined

text: to

text: present

text: the

text: criminal

text: charge

text: against

text: Hardwick

text: to

text: a

text: grand

text: jury

text: and

text: this

text: is

text: a

text: suit

text: for

text: declaratory

text: judgment

text: brought

text: by

text: respondents

text: challenging

text: the

text: validity

text: of

text: the

text: statute

text: The

text: history

text: of

text: nonenforcement

text: suggests

text: the

text: moribund

text: character

text: today

text: of

text: laws

text: criminalizing

text: this

text: type

text: of

text: private

text: consensual

text: conduct

text: Some

text: States

text: have

text: repealed

text: similar

text: statutes

text: But

text: the

text: constitutional

text: validity

text: of

text: the

text: Georgia

text: statute

text: was

text: put

text: in

text: issue

text: by

text: respondents

text: and

text: for

text: the

text: reasons

text: stated

text: by

text: the

text: Court

text: I

text: cannot

text: say

text: that

text: conduct

text: condemned

text: for

text: hundreds

text: of

text: years

text: has

text: now

text: become

text: a

text: fundamental

text: right

text: Until

text: Georgia

text: defined

text: sodomy

text: as

text: the

text: carnal

text: knowledge

text: and

text: connection

text: against

text: the

text: order

text: of

text: nature

text: by

text: man

text: with

text: man

text: or

text: in

text: the

text: same

text: unnatural

text: manner

text: with

text: woman

text: Ga

text: Crim

text: Code

text: In

text: Thompson

text: v

text: Aldredge

text: Ga

text: S

text: E

text: the

text: Georgia

text: Supreme

text: Court

text: held

text: that

text: did

text: not

text: prohibit

text: lesbian

text: activity

text: And

text: in

text: Riley

text: v

text: Garrett

text: Ga

text: S

text: E

text: d

text: the

text: Georgia

text: Supreme

text: Court

text: held

text: that

text: did

text: not

text: prohibit

text: heterosexual

text: cunnilingus

text: Georgia

text: passed

text: the

text: act

text: specific

text: statute

text: currently

text: in

text: force

text: perhaps

text: in

text: response

text: to

text: the

text: restrictive

text: court

text: decisions

text: such

text: as

text: Riley

text: Note

text: The

text: Crimes

text: Against

text: Nature

text: J

text: Pub

text: L

text: n

text: In

text: Robinson

text: v

text: California

text: U

text: S

text: the

text: Court

text: held

text: that

text: the

text: Eighth

text: Amendment

text: barred

text: convicting

text: a

text: defendant

text: due

text: to

text: his

text: status

text: as

text: a

text: narcotics

text: addict

text: since

text: that

text: condition

text: was

text: apparently

text: an

text: illness

text: which

text: may

text: be

text: contracted

text: innocently

text: or

text: involuntarily

text: Id

text: at

text: In

text: Powell

text: v

text: Texas

text: U

text: S

text: where

text: the

text: Court

text: refused

text: to

text: extend

text: Robinson

text: to

text: punishment

text: of

text: public

text: drunkenness

text: by

text: a

text: chronic

text: alcoholic

text: one

text: of

text: the

text: factors

text: relied

text: on

text: by

text: JUSTICE

text: MARSHALL

text: in

text: writing

text: the

text: plurality

text: opinion

text: was

text: that

text: Texas

text: had

text: not

text: attempted

text: to

text: regulate

text: appellant

text: s

text: behavior

text: in

text: the

text: privacy

text: of

text: his

text: own

text: home

text: Id

text: at

text: JUSTICE

text: WHITE

text: wrote

text: separately

text: Analysis

text: of

text: this

text: difficult

text: case

text: is

text: not

text: advanced

text: by

text: preoccupation

text: with

text: the

text: label

text: condition

text: In

text: Robinson

text: the

text: Court

text: dealt

text: with

text: a

text: statute

text: which

text: makes

text: the

text: status

text: of

text: narcotic

text: addiction

text: a

text: criminal

text: offense

text: U

text: S

text: at

text: By

text: precluding

text: criminal

text: conviction

text: for

text: such

text: a

text: status

text: the

text: Court

text: was

text: dealing

text: with

text: a

text: condition

text: brought

text: about

text: by

text: acts

text: remote

text: in

text: time

text: from

text: the

text: application

text: of

text: the

text: criminal

text: sanctions

text: contemplated

text: a

text: condition

text: which

text: was

text: relatively

text: permanent

text: in

text: duration

text: and

text: a

text: condition

text: of

text: great

text: magnitude

text: and

text: significance

text: in

text: terms

text: of

text: human

text: behavior

text: and

text: values

text: If

text: it

text: were

text: necessary

text: to

text: distinguish

text: between

text: acts

text: and

text: conditions

text: for

text: purposes

text: of

text: the

text: Eighth

text: Amendment

text: I

text: would

text: adhere

text: to

text: the

text: concept

text: of

text: condition

text: implicit

text: in

text: the

text: opinion

text: in

text: Robinson

text: The

text: proper

text: subject

text: of

text: inquiry

text: is

text: whether

text: volitional

text: acts

text: brought

text: about

text: the

text: condition

text: and

text: whether

text: those

text: acts

text: are

text: sufficiently

text: proximate

text: to

text: the

text: condition

text: for

text: it

text: to

text: be

text: permissible

text: to

text: impose

text: penal

text: sanctions

text: on

text: the

text: condition

text: Id

text: at

text: n

text: Despite

text: historical

text: views

text: of

text: homosexuality

text: it

text: is

text: no

text: longer

text: viewed

text: by

text: mental

text: health

text: professionals

text: as

text: a

text: disease

text: or

text: disorder

text: See

text: Brief

text: for

text: American

text: Psychological

text: Association

text: and

text: American

text: Public

text: Health

text: Association

text: as

text: Amici

text: Curiae

text: But

text: obviously

text: neither

text: is

text: it

text: simply

text: a

text: matter

text: of

text: deliberate

text: personal

text: election

text: Homosexual

text: orientation

text: may

text: well

text: form

text: part

text: of

text: the

text: very

text: fiber

text: of

text: an

text: individual

text: s

text: personality

text: Consequently

text: under

text: JUSTICE

text: WHITE

text: s

text: analysis

text: in

text: Powell

text: the

text: Eighth

text: Amendment

text: may

text: pose

text: a

text: constitutional

text: barrier

text: to

text: sending

text: an

text: individual

text: to

text: prison

text: for

text: acting

text: on

text: that

text: attraction

text: regardless

text: of

text: the

text: circumstances

text: An

text: individual

text: s

text: ability

text: to

text: make

text: constitutionally

text: protected

text: decisions

text: concerning

text: sexual

text: relations

text: Carey

text: v

text: Population

text: Services

text: International

text: U

text: S

text: POWELL

text: J

text: concurring

text: in

text: part

text: and

text: concurring

text: in

text: judgment

text: is

text: rendered

text: empty

text: indeed

text: if

text: he

text: or

text: she

text: is

text: given

text: no

text: real

text: choice

text: but

text: a

text: life

text: without

text: any

text: physical

text: intimacy

text: With

text: respect

text: to

text: the

text: Equal

text: Protection

text: Clause

text: s

text: applicability

text: to

text: I

text: note

text: that

text: Georgia

text: s

text: exclusive

text: stress

text: before

text: this

text: Court

text: on

text: its

text: interest

text: in

text: prosecuting

text: homosexual

text: activity

text: despite

text: the

text: gender

text: neutral

text: terms

text: of

text: the

text: statute

text: may

text: raise

text: serious

text: questions

text: of

text: discriminatory

text: enforcement

text: questions

text: that

text: cannot

text: be

text: disposed

text: of

text: before

text: this

text: Court

text: on

text: a

text: motion

text: to

text: dismiss

text: See

text: Yick

text: Wo

text: v

text: Hopkins

text: U

text: S

text: The

text: legislature

text: having

text: decided

text: that

text: the

text: sex

text: of

text: the

text: participants

text: is

text: irrelevant

text: to

text: the

text: legality

text: of

text: the

text: acts

text: I

text: do

text: not

text: see

text: why

text: the

text: State

text: can

text: defend

text: on

text: the

text: ground

text: that

text: individuals

text: singled

text: out

text: for

text: prosecution

text: are

text: of

text: the

text: same

text: sex

text: as

text: their

text: partners

text: Thus

text: under

text: the

text: circumstances

text: of

text: this

text: case

text: a

text: claim

text: under

text: the

text: Equal

text: Protection

text: Clause

text: may

text: well

text: be

text: available

text: without

text: having

text: to

text: reach

text: the

text: more

text: controversial

text: question

text: whether

text: homosexuals

text: are

text: a

text: suspect

text: class

text: See

text: e

text: g

text: Rowland

text: v

text: Mad

text: River

text: Local

text: School

text: District

text: U

text: S

text: BRENNAN

text: J

text: dissenting

text: from

text: denial

text: of

text: certiorari

text: Note

text: The

text: Constitutional

text: Status

text: of

text: Sexual

text: Orientation

text: Homosexuality

text: as

text: a

text: Suspect

text: Classification

text: Harv

text: L

text: Rev

text: Even

text: if

text: a

text: court

text: faced

text: with

text: a

text: challenge

text: to

text: were

text: to

text: apply

text: simple

text: rational

text: basis

text: scrutiny

text: to

text: the

text: statute

text: Georgia

text: would

text: be

text: required

text: to

text: show

text: an

text: actual

text: connection

text: between

text: the

text: forbidden

text: acts

text: and

text: the

text: ill

text: effects

text: it

text: seeks

text: to

text: prevent

text: The

text: connection

text: between

text: the

text: acts

text: prohibited

text: by

text: and

text: the

text: harms

text: identified

text: by

text: petitioner

text: in

text: his

text: brief

text: before

text: this

text: Court

text: is

text: a

text: subject

text: of

text: hot

text: dispute

text: hardly

text: amenable

text: to

text: dismissal

text: under

text: Federal

text: Rule

text: of

text: Civil

text: Procedure

text: b

text: Compare

text: e

text: g

text: Brief

text: for

text: Petitioner

text: and

text: Brief

text: for

text: David

text: Robinson

text: Jr

text: as

text: Amicus

text: Curiae

text: on

text: the

text: one

text: hand

text: with

text: People

text: v

text: Onofre

text: N

text: Y

text: d

text: N

text: E

text: d

text: Brief

text: for

text: the

text: Attorney

text: General

text: of

text: the

text: State

text: of

text: New

text: York

text: joined

text: by

text: the

text: Attorney

text: General

text: of

text: the

text: State

text: of

text: California

text: as

text: Amici

text: Curiae

text: and

text: Brief

text: for

text: the

text: American

text: Psychological

text: Association

text: and

text: American

text: Public

text: Health

text: Association

text: as

text: Amici

text: Curiae

text: on

text: the

text: other

text: Although

text: I

text: do

text: not

text: think

text: it

text: necessary

text: to

text: decide

text: today

text: issues

text: that

text: are

text: not

text: even

text: remotely

text: before

text: us

text: it

text: does

text: seem

text: to

text: me

text: that

text: a

text: court

text: could

text: find

text: simple

text: analytically

text: sound

text: distinctions

text: between

text: certain

text: private

text: consensual

text: sexual

text: conduct

text: on

text: the

text: one

text: hand

text: and

text: adultery

text: and

text: incest

text: the

text: only

text: two

text: vaguely

text: specific

text: sexual

text: crimes

text: to

text: which

text: the

text: majority

text: points

text: ante

text: at

text: on

text: the

text: other

text: For

text: example

text: marriage

text: in

text: addition

text: to

text: its

text: spiritual

text: aspects

text: is

text: a

text: civil

text: contract

text: that

text: entitles

text: the

text: contracting

text: parties

text: to

text: a

text: variety

text: of

text: governmentally

text: provided

text: benefits

text: A

text: State

text: might

text: define

text: the

text: contractual

text: commitment

text: necessary

text: to

text: become

text: eligible

text: for

text: these

text: benefits

text: to

text: include

text: a

text: commitment

text: of

text: fidelity

text: and

text: then

text: punish

text: individuals

text: for

text: breaching

text: that

text: contract

text: Moreover

text: a

text: State

text: might

text: conclude

text: that

text: adultery

text: is

text: likely

text: to

text: injure

text: third

text: persons

text: in

text: particular

text: spouses

text: and

text: children

text: of

text: persons

text: who

text: engage

text: in

text: extramarital

text: affairs

text: With

text: respect

text: to

text: incest

text: a

text: court

text: might

text: well

text: agree

text: with

text: respondent

text: that

text: the

text: nature

text: of

text: familial

text: relationships

text: renders

text: true

text: consent

text: to

text: incestuous

text: activity

text: sufficiently

text: problematical

text: that

text: a

text: blanket

text: prohibition

text: of

text: such

text: activity

text: is

text: warranted

text: See

text: Tr

text: of

text: Oral

text: Arg

text: Notably

text: the

text: Court

text: makes

text: no

text: effort

text: to

text: explain

text: why

text: it

text: has

text: chosen

text: to

text: group

text: private

text: consensual

text: homosexual

text: activity

text: with

text: adultery

text: and

text: incest

text: rather

text: than

text: with

text: private

text: consensual

text: heterosexual

text: activity

text: by

text: unmarried

text: persons

text: or

text: indeed

text: with

text: oral

text: or

text: anal

text: sex

text: within

text: marriage

text: The

text: parallel

text: between

text: Loving

text: and

text: this

text: case

text: is

text: almost

text: uncanny

text: There

text: too

text: the

text: State

text: relied

text: on

text: a

text: religious

text: justification

text: for

text: its

text: law

text: Compare

text: U

text: S

text: at

text: quoting

text: trial

text: court

text: s

text: statement

text: that

text: Almighty

text: God

text: created

text: the

text: races

text: white

text: black

text: yellow

text: malay

text: and

text: red

text: and

text: he

text: placed

text: them

text: on

text: separate

text: continents

text: The

text: fact

text: that

text: he

text: separated

text: the

text: races

text: shows

text: that

text: he

text: did

text: not

text: intend

text: for

text: the

text: races

text: to

text: mix

text: with

text: Brief

text: for

text: Petitioner

text: relying

text: on

text: the

text: Old

text: and

text: New

text: Testaments

text: and

text: the

text: writings

text: of

text: St

text: Thomas

text: Aquinas

text: to

text: show

text: that

text: traditional

text: Judeo

text: Christian

text: values

text: proscribe

text: such

text: conduct

text: There

text: too

text: defenders

text: of

text: the

text: challenged

text: statute

text: relied

text: heavily

text: on

text: the

text: fact

text: that

text: when

text: the

text: Fourteenth

text: Amendment

text: was

text: ratified

text: most

text: of

text: the

text: States

text: had

text: similar

text: prohibitions

text: Compare

text: Brief

text: for

text: Appellee

text: in

text: Loving

text: v

text: Virginia

text: O

text: T

text: No

text: pp

text: with

text: ante

text: at

text: and

text: n

text: There

text: too

text: at

text: the

text: time

text: the

text: case

text: came

text: before

text: the

text: Court

text: many

text: of

text: the

text: States

text: still

text: had

text: criminal

text: statutes

text: concerning

text: the

text: conduct

text: at

text: issue

text: Compare

text: U

text: S

text: at

text: n

text: noting

text: that

text: States

text: still

text: outlawed

text: interracial

text: marriage

text: with

text: ante

text: at

text: noting

text: that

text: States

text: and

text: the

text: District

text: of

text: Columbia

text: have

text: sodomy

text: statutes

text: Yet

text: the

text: Court

text: held

text: not

text: only

text: that

text: the

text: invidious

text: racism

text: of

text: Virginia

text: s

text: law

text: violated

text: the

text: Equal

text: Protection

text: Clause

text: see

text: U

text: S

text: at

text: but

text: also

text: that

text: the

text: law

text: deprived

text: the

text: Lovings

text: of

text: due

text: process

text: by

text: denying

text: them

text: the

text: freedom

text: of

text: choice

text: to

text: marry

text: that

text: had

text: long

text: been

text: recognized

text: as

text: one

text: of

text: the

text: vital

text: personal

text: rights

text: essential

text: to

text: the

text: orderly

text: pursuit

text: of

text: happiness

text: by

text: free

text: men

text: Id

text: at

text: The

text: theological

text: nature

text: of

text: the

text: origin

text: of

text: Anglo

text: American

text: antisodomy

text: statutes

text: is

text: patent

text: It

text: was

text: not

text: until

text: that

text: sodomy

text: was

text: made

text: a

text: secular

text: offense

text: in

text: England

text: Hen

text: VIII

text: ch

text: Until

text: that

text: time

text: the

text: offense

text: was

text: in

text: Sir

text: James

text: Stephen

text: s

text: words

text: merely

text: ecclesiastical

text: J

text: Stephen

text: A

text: History

text: of

text: the

text: Criminal

text: Law

text: of

text: England

text: Pollock

text: and

text: Maitland

text: similarly

text: observed

text: that

text: t

text: he

text: crime

text: against

text: nature

text: was

text: so

text: closely

text: connected

text: with

text: heresy

text: that

text: the

text: vulgar

text: had

text: but

text: one

text: name

text: for

text: both

text: F

text: Pollock

text: F

text: Maitland

text: The

text: History

text: of

text: English

text: Law

text: The

text: transfer

text: of

text: jurisdiction

text: over

text: prosecutions

text: for

text: sodomy

text: to

text: the

text: secular

text: courts

text: seems

text: primarily

text: due

text: to

text: the

text: alteration

text: of

text: ecclesiastical

text: jurisdiction

text: attendant

text: on

text: England

text: s

text: break

text: with

text: the

text: Roman

text: Catholic

text: Church

text: rather

text: than

text: to

text: any

text: new

text: understanding

text: of

text: the

text: sovereign

text: s

text: interest

text: in

text: preventing

text: or

text: punishing

text: the

text: behavior

text: involved

text: Cf

text: E

text: Coke

text: Institutes

text: ch

text: th

text: ed

text: At

text: oral

text: argument

text: a

text: suggestion

text: appeared

text: that

text: while

text: the

text: Fourth

text: Amendment

text: s

text: special

text: protection

text: of

text: the

text: home

text: might

text: prevent

text: the

text: State

text: from

text: enforcing

text: against

text: individuals

text: who

text: engage

text: in

text: consensual

text: sexual

text: activity

text: there

text: that

text: protection

text: would

text: not

text: make

text: the

text: statute

text: invalid

text: See

text: Tr

text: of

text: Oral

text: Arg

text: The

text: suggestion

text: misses

text: the

text: point

text: entirely

text: If

text: the

text: law

text: is

text: not

text: invalid

text: then

text: the

text: police

text: can

text: invade

text: the

text: home

text: to

text: enforce

text: it

text: provided

text: of

text: course

text: that

text: they

text: obtain

text: a

text: determination

text: of

text: probable

text: cause

text: from

text: a

text: neutral

text: magistrate

text: One

text: of

text: the

text: reasons

text: for

text: the

text: Court

text: s

text: holding

text: in

text: Griswold

text: v

text: Connecticut

text: U

text: S

text: was

text: precisely

text: the

text: possibility

text: and

text: repugnance

text: of

text: permitting

text: searches

text: to

text: obtain

text: evidence

text: regarding

text: the

text: use

text: of

text: contraceptives

text: Id

text: at

text: Permitting

text: the

text: kinds

text: of

text: searches

text: that

text: might

text: be

text: necessary

text: to

text: obtain

text: evidence

text: of

text: the

text: sexual

text: activity

text: banned

text: by

text: seems

text: no

text: less

text: intrusive

text: or

text: repugnant

text: Cf

text: Winston

text: v

text: Lee

text: U

text: S

text: Mary

text: Beth

text: G

text: v

text: City

text: of

text: Chicago

text: F

text: d

text: CA

text: See

text: Ga

text: Code

text: Ann

text: a

text: A

text: person

text: commits

text: the

text: offense

text: of

text: sodomy

text: when

text: he

text: performs

text: or

text: submits

text: to

text: any

text: sexual

text: act

text: involving

text: the

text: sex

text: organs

text: of

text: one

text: person

text: and

text: the

text: mouth

text: or

text: anus

text: of

text: another

text: The

text: Court

text: states

text: that

text: the

text: issue

text: presented

text: is

text: whether

text: the

text: Federal

text: Constitution

text: confers

text: a

text: fundamental

text: right

text: upon

text: homosexuals

text: to

text: engage

text: in

text: sodomy

text: and

text: hence

text: invalidates

text: the

text: laws

text: of

text: the

text: many

text: States

text: that

text: still

text: make

text: such

text: conduct

text: illegal

text: and

text: have

text: done

text: so

text: for

text: a

text: very

text: long

text: time

text: Ante

text: at

text: In

text: reality

text: however

text: it

text: is

text: the

text: indiscriminate

text: prohibition

text: of

text: sodomy

text: heterosexual

text: as

text: well

text: as

text: homosexual

text: that

text: has

text: been

text: present

text: for

text: a

text: very

text: long

text: time

text: See

text: nn

text: and

text: infra

text: Moreover

text: the

text: reasoning

text: the

text: Court

text: employs

text: would

text: provide

text: the

text: same

text: support

text: for

text: the

text: statute

text: as

text: it

text: is

text: written

text: as

text: it

text: does

text: for

text: the

text: statute

text: as

text: it

text: is

text: narrowly

text: construed

text: by

text: the

text: Court

text: See

text: e

text: g

text: W

text: Hawkins

text: Pleas

text: of

text: the

text: Crown

text: th

text: ed

text: All

text: unnatural

text: carnal

text: copulations

text: whether

text: with

text: man

text: or

text: beast

text: seem

text: to

text: come

text: under

text: the

text: notion

text: of

text: sodomy

text: which

text: was

text: felony

text: by

text: the

text: antient

text: common

text: law

text: and

text: punished

text: according

text: to

text: some

text: authors

text: with

text: burning

text: according

text: to

text: others

text: with

text: burying

text: alive

text: W

text: Blackstone

text: Commentaries

text: discussing

text: the

text: infamous

text: crime

text: against

text: nature

text: committed

text: either

text: with

text: man

text: or

text: beast

text: a

text: crime

text: which

text: ought

text: to

text: be

text: strictly

text: and

text: impartially

text: proved

text: and

text: then

text: as

text: strictly

text: and

text: impartially

text: punished

text: See

text: E

text: East

text: Pleas

text: of

text: the

text: Crown

text: This

text: offence

text: concerning

text: which

text: the

text: least

text: notice

text: is

text: the

text: best

text: consists

text: in

text: a

text: carnal

text: knowledge

text: committed

text: against

text: the

text: order

text: of

text: nature

text: by

text: man

text: with

text: man

text: or

text: in

text: the

text: same

text: unnatural

text: manner

text: with

text: woman

text: or

text: by

text: man

text: or

text: woman

text: in

text: any

text: manner

text: with

text: beast

text: J

text: Hawley

text: M

text: McGregor

text: The

text: Criminal

text: Law

text: d

text: ed

text: Sodomy

text: is

text: the

text: carnal

text: knowledge

text: against

text: the

text: order

text: of

text: nature

text: by

text: two

text: persons

text: with

text: each

text: other

text: or

text: of

text: a

text: human

text: being

text: with

text: a

text: beast

text: The

text: offense

text: may

text: be

text: committed

text: between

text: a

text: man

text: and

text: a

text: woman

text: or

text: between

text: two

text: male

text: persons

text: or

text: between

text: a

text: man

text: or

text: a

text: woman

text: and

text: a

text: beast

text: See

text: J

text: May

text: The

text: Law

text: of

text: Crimes

text: d

text: ed

text: Sodomy

text: otherwise

text: called

text: buggery

text: bestiality

text: and

text: the

text: crime

text: against

text: nature

text: is

text: the

text: unnatural

text: copulation

text: of

text: two

text: persons

text: with

text: each

text: other

text: or

text: of

text: a

text: human

text: being

text: with

text: a

text: beast

text: It

text: may

text: be

text: committed

text: by

text: a

text: man

text: with

text: a

text: man

text: by

text: a

text: man

text: with

text: a

text: beast

text: or

text: by

text: a

text: woman

text: with

text: a

text: beast

text: or

text: by

text: a

text: man

text: with

text: a

text: woman

text: his

text: wife

text: in

text: which

text: case

text: if

text: she

text: consent

text: she

text: is

text: an

text: accomplice

text: The

text: predecessor

text: of

text: the

text: current

text: Georgia

text: statute

text: provided

text: Sodomy

text: is

text: the

text: carnal

text: knowledge

text: and

text: connection

text: against

text: the

text: order

text: of

text: nature

text: by

text: man

text: with

text: man

text: or

text: in

text: the

text: same

text: unnatural

text: manner

text: with

text: woman

text: Ga

text: Code

text: Tit

text: Pt

text: This

text: prohibition

text: of

text: heterosexual

text: sodomy

text: was

text: not

text: purely

text: hortatory

text: See

text: e

text: g

text: Comer

text: v

text: State

text: Ga

text: App

text: S

text: E

text: affirming

text: prosecution

text: for

text: consensual

text: heterosexual

text: sodomy

text: See

text: Thompson

text: v

text: Aldredge

text: Ga

text: S

text: E

text: A

text: review

text: of

text: the

text: statutes

text: cited

text: by

text: the

text: majority

text: discloses

text: that

text: in

text: in

text: and

text: today

text: the

text: vast

text: majority

text: of

text: sodomy

text: statutes

text: do

text: not

text: differentiate

text: between

text: homosexual

text: and

text: heterosexual

text: sodomy

text: See

text: Loving

text: v

text: Virginia

text: U

text: S

text: Interestingly

text: miscegenation

text: was

text: once

text: treated

text: as

text: a

text: crime

text: similar

text: to

text: sodomy

text: See

text: Hawley

text: McGregor

text: The

text: Criminal

text: Law

text: at

text: discussing

text: crime

text: of

text: sodomy

text: id

text: at

text: discussing

text: crime

text: of

text: miscegenation

text: Indeed

text: the

text: Georgia

text: Attorney

text: General

text: concedes

text: that

text: Georgia

text: s

text: statute

text: would

text: be

text: unconstitutional

text: if

text: applied

text: to

text: a

text: married

text: couple

text: See

text: Tr

text: of

text: Oral

text: Arg

text: stating

text: that

text: application

text: of

text: the

text: statute

text: to

text: a

text: married

text: couple

text: would

text: be

text: unconstitutional

text: because

text: of

text: the

text: right

text: of

text: marital

text: privacy

text: as

text: identified

text: by

text: the

text: Court

text: in

text: Griswold

text: Significantly

text: Georgia

text: passed

text: the

text: current

text: statute

text: three

text: years

text: after

text: the

text: Court

text: s

text: decision

text: in

text: Griswold

text: Ante

text: at

text: n

text: POWELL

text: J

text: concurring

text: See

text: also

text: Tr

text: of

text: Oral

text: Arg

text: argument

text: of

text: Georgia

text: Attorney

text: General

text: noting

text: in

text: response

text: to

text: question

text: about

text: prosecution

text: where

text: the

text: activity

text: took

text: place

text: in

text: a

text: private

text: residence

text: the

text: last

text: case

text: I

text: can

text: recall

text: was

text: back

text: in

text: the

text: s

text: or

text: s

text: It

text: is

text: of

text: course

text: possible

text: to

text: argue

text: that

text: a

text: statute

text: has

text: a

text: purely

text: symbolic

text: role

text: Cf

text: Carey

text: v

text: Population

text: Services

text: International

text: U

text: S

text: n

text: STEVENS

text: J

text: concurring

text: in

text: part

text: and

text: concurring

text: in

text: judgment

text: The

text: fact

text: that

text: the

text: State

text: admittedly

text: has

text: never

text: brought

text: a

text: prosecution

text: under

text: the

text: statute

text: is

text: consistent

text: with

text: appellants

text: position

text: that

text: the

text: purpose

text: of

text: the

text: statute

text: is

text: merely

text: symbolic

text: Since

text: the

text: Georgia

text: Attorney

text: General

text: does

text: not

text: even

text: defend

text: the

text: statute

text: as

text: written

text: however

text: see

text: n

text: supra

text: the

text: State

text: cannot

text: possibly

text: rest

text: on

text: the

text: notion

text: that

text: the

text: statute

text: may

text: be

text: defended

text: for

text: its

text: symbolic

text: message

text: Indeed

text: at

text: this

text: stage

text: it

text: appears

text: that

text: the

text: statute

text: indiscriminately

text: authorizes

text: a

text: policy

text: of

text: selective

text: prosecution

text: that

text: is

text: neither

text: limited

text: to

text: the

text: class

text: of

text: homosexual

text: persons

text: nor

text: embraces

text: all

text: persons

text: in

text: that

text: class

text: but

text: rather

text: applies

text: to

text: those

text: who

text: may

text: be

text: arbitrarily

text: selected

text: by

text: the

text: prosecutor

text: for

text: reasons

text: that

text: are

text: not

text: revealed

text: either

text: in

text: the

text: record

text: of

text: this

text: case

text: or

text: in

text: the

text: text

text: of

text: the

text: statute

text: If

text: that

text: is

text: true

text: although

text: the

text: text

text: of

text: the

text: statute

text: is

text: clear

text: enough

text: its

text: true

text: meaning

text: may

text: be

text: so

text: intolerably

text: vague

text: that

text: evenhanded

text: enforcement

text: of

text: the

text: law

text: is

text: a

text: virtual

text: impossibility

text: Marks

text: v

text: United

text: States

text: U

text: S

text: STEVENS

text: J

text: concurring

text: in

text: part

text: and

text: dissenting

text: in

text: part