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U.S. Supreme Court,
Criminal,
Constitutional Law

Apr. 8, 2016

Sexual, not relationship, privacy

In March, a federal district court dismissed a case challenging California's anti-prostitution laws, ruling that what is protected under Lawrence is not private sexual conduct itself, but the personal relationship in which the conduct occurs.

Jerald Mosley

Jerald is retired from practice in employment and constitutional law as a supervising deputy attorney general at the California Department of Justice.

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The U.S. District Court for the Northern District of California has offered an interpretation of the federal constitutional right to privacy that is sure to raise far reaching issues on appeal. The plaintiffs in Erotic Service Providers Legal Education and Research Project v. Gascon, 15-01007 (filed March 4, 2015), are challenging California's anti-prostitution provision, Penal Code Section 647(b), which, along with its interpretive case law, criminalizes any sexual contact whatev...

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