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NCJ Number: 136634 Find in a Library
Title: Constitutional Barriers to Civil and Criminal Restrictions on Pre- and Extramarital Sex
Journal: Harvard Law Review  Volume:104  Issue:7  Dated:(May 1991)  Pages:1660-1680
Corporate Author: Harvard Law Review Assoc
Harvard Law Review
United States of America
Date Published: 1991
Page Count: 21
Sponsoring Agency: Harvard Law Review Assoc
Cambridge, MA 02138
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This note examines current civil and criminal prohibitions on premarital sexual intercourse and similar constraints on extramarital sex.
Abstract: The vast majority of civil and criminal prohibitions on premarital sexual intercourse violate Federal constitutional guarantees. Limited regulation of adultery is permissible, but the majority of governmental restrictions fall short of constitutional mandates. Constitutional protection of intimate sexual activity ensures that legitimate State objectives are realized in a nondiscriminatory way and without permitting the government to control fundamentally private activities. 145 footnotes
Main Term(s): Right of privacy; Sexual behavior
Index Term(s): Civil liability; Criminal responsibility; State courts; State regulations
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