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VI. Effect of Constitutional Challenges to Adultery/Sodomy legislation.

Monday, August 10th, 2020

Current constitutional choices through the U.S. Supreme Court and Virginia Supreme Court have experienced an impact that is significant adultery and sodomy regulations.

A. Lawrence v. Texas:

Within the landmark situation of Lawrence v. Texas, 539 U.S. 558 (2003), the usa Supreme Court held a Texas statute criminalizing intimate contact between people of the exact same intercourse become unconstitutional. In that way, the court reversed its holding in the earlier instance of Bowers v. Hardwick, 478 U.S. 186 (1986). You should remember that the Court in Lawrence just held a law criminalizing private conduct that is sexual unmarried consenting grownups unconstitutional. Its ruling failed to expand beyond this fact that is specific, in a choice of dicta or else.

B. Impact on adultery statute:

The main impact Lawrence has already established to date is the fact that its holding ended up being extended into the Virginia instance of Martin v. Ziherl, 269 Va.

35 (2005), to keep Virginia’s statute prohibiting fornication (sexual activity committed by the unmarried individual) unconstitutional. [more…]