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Sex-related court cases in the United States

There have been a number of cases decided by the United States Supreme Court or by the courts of the various states regarding pornography, sexual activity and what consenting adults are allowed to do in the privacy of their homes (or sometimes, in other places). Note that under most laws, the term "sodomy" not only includes anal sex but oral sex and possibly certain actions with sex toys.

The following is a list of noteworthy sex-related court cases:

  • Buck v. Bell, 274 US 200 (1927)*, a law which allowed the state to sterilize the mentally retarded is constitutional
  • Skinner v. State of Oklahoma Ex Rel. Williamson, 316 U.S. 535 (1942)*, a law punishing certain classes of criminals with sterilization is unconstitutional
  • Griswold v. Connecticut, 381 U.S. 479, 85 S.Ct. 1678, 14 L.Ed.2d 510 (1965)*, The United States Supreme Court rules that laws prohibititing the distribution of condoms to married persons unconstutional
  • Stanley v. Georgia , 394 U.S. 557 (1969)*, mere possession of obscene material in one's home cannot be made a crime
  • Eisenstadt v. Baird , 405 U.S. 438 (1972)*, Massachusetts law making giving unmarried persons contraceptives a felony is unconstitutional
  • Roe v. Wade, 410 U.S. 113 (1973)*, a woman may have an abortion during the first 3 months of pregnancy and laws prohibiting this are unconstitutional
  • Miller v. California, 413 U.S. 15 (1973)*, for a publication to be considered obscene, taken as a whole, it must appear to "the average person, applying contemporary community standards", to appeal to the prurient interest, depict sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value
  • State of Iowa v. Robert Eugene Pilcher , 242 N.W.2d 348 (Iowa 1976)*, law against consensual sodomy with someone not one's spouse unconstitutional
  • State of New Jersey v. Saunders , 381 A.2d 333 (N.J. 1977) Statute making fornication (sex between unmarried persons) a crime is unconstitutional
  • Stump v. Sparkman, 435 U.S. 349 (1978)*, United States Supreme Court rules that a judge who ordered the sterilization of an allegedly retarded young woman was immune from civil suit despite the fact that he did not hold a hearing to receive evidence or appoint an attorney to represent the woman's interests.
  • People v. Onofre , 415 N.E.2d 936 (N.Y. 1980) *, New York law against consensual sodomy unconstitutional
  • Commonwealth v. Bonadio , 490 Pa. 91, 415 A.2d 47 (Pa. 1980)*, Pennsylvania law against consensual sodomy unconstitutional; state repeals law 15 years later
  • Bowers v. Hardwick, 478 U.S. 186 (1986)*, The United States Supreme Court rules homosexual sodomy in the privacy of one's home may be made illegal; (see update for Lawrence v. Texas below)
  • Planned Parenthood of Southeastern PA. v. Casey, 505 U.S. 833 (1992)*, Certain abortion restrictions are valid
  • Commonwealth v. Wasson , 842 S.W.2d 487 (1992)*, Kentucky law against consensual sodomy unconstitutional
  • State of Idaho v. Holden , 890 P.2d 341 (Idaho Ct. App. 1995)*, statute that prohibited private consensual oral sodomy between married persons unconstitutional, because it infringed upon the constitutional right of privacy
  • Campbell v. Sundquist , 926 S.W.2d 250 (Tn.App.1996)*, Tennessee law against consensual sodomy unconstitutional
  • Gryczan v. Montana , 96-202, 942 P.2d 112 (1997)*, Montana State Supreme Court finds law against consensual sodomy unconstitutional
  • Powell v. Georgia (actually Powell v. State), S98A0755, 270 Ga. 327, 510 S.E. 2d 18 (1998)*, The Georgia State Supreme Court finds the very law making consensual sodomy a crime which was upheld by the U.S. Supreme Court in Bowers to be unconstitutional as violating the state Constitution's privacy protections
  • Williams v, Maryland (actually Williams v. State), Baltimore City Circuit Court, January 14, 1999, State of Maryland agrees to court order declaring its law forbidding consensual sodomy unconstitutional
  • Lawrence v. Texas, 539 U.S. 558, 02-102 (2003)* Texas law making sodomy with same sex partner illegal but not with opposite sex is unconstitutional; considered that this case effectively overturns Bowers v. Hardwick
  • Martin v. Ziherl, 607 S.E.2d 367 (Va. 2005). The Supreme Court of Virginia ruled that the state criminal prohibition of sex between unmarried individuals was unconstitutional in light of Lawrence v. Texas.

See also landmark case


* See court citation for an explanation of these numbers.



07-14-2008 23:18:10
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