To: Polycarp
Hmmm...Can universities and schools make or enforce rules aimed to prevent consensual sexual relations between teachers and non-minor students if it is done in the 'privacy' of a hotel or home?
By this ruling doesn't ALL ADULT CONSENSENUAL SEX with other consenting ADULTS become protected private behavior?
23 posted on
06/28/2003 7:44:28 AM PDT by
Van Jenerette
(Our Republic...if we can keep it!)
To: Van Jenerette
Private universities certainly can restricts relationships between faculty and adult students, since they're not subject to the 9th or 14th amendments.
As to whether those rules would stand up to a Lawrence scrutiny in a public university, I suspect the answer is "no, but it doesn't matter." Rather than being subject to defense, as must adult consensual sodomy laws, against the lowest possible threshold of state rights, public universities get to appeal to a much higher set of state public policy objectives -- in other words, the state can use the rationale of the Michigan law school affirmative action case, and say that it is necessary to impinge upon the professor's rights to screw whomever he chooses in order to maintain the essential qualities of access and diversity on campus (the theory being that professor-student affairs negatively impact women).
To: Van Jenerette
By this ruling doesn't ALL ADULT CONSENSENUAL SEX with other consenting ADULTS become protected private behavior?
Yes.
To: Van Jenerette
By this ruling doesn't ALL ADULT CONSENSENUAL SEX with other consenting ADULTS become protected private behavior? Likewise, all the military laws prohibiting "fraternization" between officers and enlisted are out the window.
290 posted on
06/28/2003 11:33:03 AM PDT by
FreedomCalls
(It's the "Statue of Liberty," not the "Statue of Security.")
To: Van Jenerette
Well, they excluded commercial sexual behavior...
I wonder why?
The government is like the mob of old, these days... protection racket, running the numbers, dispensing the drugs, soon, running the prostitution racket.
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