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Sex and the Supreme Court: The True Story of Lawrence v. Texas

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Published on May 4, 2012

"There are some things a state can not do to direct the moral content of your life," explains author and law professor Dale Carpenter, "and controlling your sexuality is one of those things."

In his new book, Flagrant Conduct: The Story of Lawrence v. Texas, Carpenter outlines both the back story and the importance of the 2003 Supreme Court case that invalidated American's sodomy laws. "It revives a constitutional doctrine that protects a right to liberty and privacy and sexual autonomy for adults."

Reason Magazine's Katherine Mangu-Ward sat down with Carpenter to discuss his book, the story behind the landmark case, and how a baby shower gift became an indicator of changing attitudes inside the Supreme Court.

About 8:45 minutes.

Shot by Meredith Bragg and Anthony Fisher. Edited by Meredith Bragg.

Go to http://www.reason.tv for downloadable versions and subscribe to Reason.tv's YouTube Channel to receive automatic notifications when new material goes live.

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All Comments (151)

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  • dragknuckle

    But why does adding the sexual component result in a much more serious penalty? If I assault you with a cream pie there is no special penalty for edible assault. Such crimes are rarely prosecuted. Sexual assaults which do not result in physical injury are punished more severely than common assaults that do.

    Humiliating someone is not illegal, even if it harms someone emotionally.

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    in reply to Slipknotyk06 (Show the comment)
  • Slipknotyk06

    Again, rape is termed as 'sexual assault'. Sexual is an adverb describing the assault. This means that the crime is still an assault first, and not a regulation of sexual activity.

    I sincerely hope that you can see why applying this argument to consensual sexual relations is a fallacy. Consensual sex is not an assault, and arguing that the government can regulate it because it regulates sexual assault is a flaming non-sequitur.

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    in reply to dragknuckle (Show the comment)
  • Niggbo

    Sounds awkward to have a child with your sister. Your mommy and is your ant too!

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    in reply to whiteowl1415 (Show the comment)
  • Niggbo

    In tj mexico. They have health cards. Every month they go to a doctor and get tested. its much better then here were people want to ignore its happening anyway. All we get is dirty prostitutes, increased violence like you said, higher prices and lack of taxes collected from it. Not just that its matter of liberty. I just find it fucking annoying when people think they have a right to tell others what constitute legal sex between adults. Its just like those sodomy laws. No one talking about it!

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    in reply to whiteowl1415 (Show the comment)
  • whiteowl1415

    I think we're in agreement and have reached consensus =)

    p.s. Genetics aside, I still find the idea more than a little creepy from a personal perspective, just not a clinical one ;)

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    in reply to Niggbo (Show the comment)
  • Niggbo

    Yea you are right but that myths comes from the fact some families have bad genes. I was just saying people who do in engage is incest should use a condom or do a lot of research on whether there family has bad genese or not.

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    in reply to whiteowl1415 (Show the comment)
  • whiteowl1415

    Side note ot our other conversation:

    Personally, I am totaly cool with Prostitution being legalized, most notably because it could be taxed to help provide healthcare when the inevitable STDs pop up as well as licensed and regulated to help minimize the chance of STDs spreading, not to mention providing a safer eviroment away from violence for the prostitutes in question

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    in reply to Niggbo (Show the comment)
  • whiteowl1415

    (shrug)

    Like I said, not disagreeing that diversity is better in the gene pool, just attacking the myth that the incest is the cause of the defects when the potential for them was there regardless.

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    in reply to Niggbo (Show the comment)
  • Niggbo

    Yea but how many families are that lucky?

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    in reply to whiteowl1415 (Show the comment)
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