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Georgia Court Strikes Down Fornication Law.


The Georgia Supreme Court this week struck down a 170-year-old fornication law prohibiting sexual activity between unmarried persons. In striking down the law, the court relied upon an earlier case involving the state sodomy law, in which the court held that "private, unforced, non-commercial acts of sexual intimacy between persons legally able to consent," may not be criminalized by the state and are protected within a right of privacy under the Georgia Constitution.
 
After focusing on the privacy interest involved, the court gave little attention to when, if ever, a state might have sufficient interest to justify regulation of private sexual activity. The court did, however, note that its holding was Limited to matters involving governmental intrusion into a private bedroom to criminalize sexual activity. Though advocates of same-sex "Marriage" have argued that privacy rights require affirmative governmental recognition of same-sex unions, the Georgia Supreme Court earlier this year refused to hear a case in which that argument was made.
 
Source: In re J.M., __ S.E.2d __, 2003 WL 79330 (Ga. Jan. 13, 2003).
 
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