Consensual Sodomy

Consensual Sodomy You are a state supreme court judge hearing a case in which two adult male homosexuals, who have been in a relationship for more than 12 years, are being charged under state sodomy laws. They were arrested when police officers obtained arrest warrants based on probable cause that they were committing sodomy in their home. The men argue that their sexual relations are private and consensual and that these charges violate their rights under the First and Fourth Amendments. Answer the following questions:

a. Are their First Amendment rights being violated? Why or why not?

b. What about their Fourth Amendment rights? Why or why not?

c. What are your options as a judge in your state’s highest court? Which option will you choose, and why


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