Thursday, November 02, 2006

Lawrence Questions

1. Did Lawrence apply a kind of "medium rare scrutiny" to the Texas sodomy law?

2. After Lawrence, may a state criminalize prostitution or do consenting adults have a right of sexual autonomy that includes exchanging sex for money or money's worth?

3. May a state prohibit same sex marriage after Lawrence? In other words, may a state make it a crime for same-sex couples to cohabit as a "married" couple? What about a man who cohabits with more than one woman and holds himself out as "married" to both? Is there a difference between formal recognition of some new form of "marriage" and criminal proscription of that type of "marriage?"

4. What is the holding (the constitutional doctrine) of Lawrence? Is Lawrence basically Lochner with Mr. Vatsyayana's Kama Sutra substituted for "Mr. Herbert Spencer's Social Statics?"

5. Suppose the state of Texas re-enacts its sodomy law and bases its defense of the law on public health rather than public morality? Is public health a legitimate government interest? Is male on male anal sex associated with any rational public health concerns?

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