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 . 601-602 (1969); see also Conley v. Gibson, 355 U. S. 41, 45-46 (1957). Decided June 30, 1986. . [10] Indeed, the Georgia Attorney General concedes that Georgia’s statute would be unconstitutional if applied to a married couple. . Proscriptions against that conduct have ancient roots. 122, ch.
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 claimed right pressed on us today falls far short of overcoming this resistance.…[Several weeks after the decision in this case, Justice Powell explained to a meeting of appeals judges that, at conference, he had voted to invalidate the Georgia law but shortly changed his mind while the opinions were being written. Id., at 568, n. 11. § 16-6-2 (1984) provides, in pertinent part, as follows: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. Even respondent makes no such claim, but insists that majority sentiments about the morality of homosexuality should be declared inadequate. L. Rev. [5] As Justice Jackson wrote so eloquently 211*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. Neither the State nor the Court has identified any such interest in this case. 238 (1857). Acts of the Twentieth General Assembly, Mar.
The court granted the defendants' motion to dismiss for failure to state a claim. [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. 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. 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.Precedent aside, however, respondent would have us announce, as the Court of Appeals did, a fundamental right to engage in homosexual sodomy. is consistent with appellants’ position that the purpose of the statute is merely symbolic”). 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). It is true that despite the language of the Due Process Clauses of the Fifth and 14th 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. 1, Tit. See Bowers v. Hardwick, 478 U.S. 186 (1986). Neither the State nor the Court has identified any such interest in this case.
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.Massachusetts: Mass. 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. ”[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.
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bowers v hardwick morality