GA Supreme Court Invalidates Fornication Law
The Supreme Court of Georgia has invalidated a state anti-fornication law, stating that "the government may not reach into the bedroom of a private residence and criminalize the private, noncommercial, consensual sexual acts of two persons legally capable of consenting to those acts." The Court recognized that the "right to privacy has a value so essential to individual liberty in our society that its infringement merits careful scrutiny by the courts."
The Court also rejected the prosecution's argument that an individual has no right to privacy when they enter as a guest into the private home of another.
This decision builds upon a 1998 decision that invalidated the State's anti-sodomy law--a law that was previously upheld by the U.S. Supreme Court in Bowers v. Hardwick.
In December 2002, the U.S. Supreme Court granted review of Lawrence and Garner v. Texas, a Texas case involving a "homosexual conduct" law. The case will test the sodomy laws in 13 states.
In re: J. M., a child, Case No. S02A1432, Supreme Court of Georgia, January 13, 2003.
Ga. Supreme Court overturns teen's fornication conviction, Atlanta Journal-Constitution, January 13, 2003.
Lawrence and Garner v. Texas, Lamda Case Review.
EPIC Gender and Privacy Page.
