Psych Unit 20 and Epilogue Flashcards
(70 cards)
Article Clip
- some states are trying to pass weird sex laws
- Texas passed a law where it’s illegal to own up to 7 sex toys
- until recently, it was illegal to have oral sex in Maryland
- in Tenesse, HIV-positive sex-workers fall under aggrevated prostitution which means they are considered sex offenders
- Ohio tried to pass a law where it would be illegal for a man to ejaculate outside of procreation (dems put this bill forward bc they said if female reproductive rights should be regulated, so should male reproductive rights)
Exploitation and Force Sex Law
rape, incest, child sexual abuse, and sex trafficking are illegal
Rape
redefined by the US Justice Department
- penetration no matter how slight of the vagina or anus with any body part or object or oral penetration by the sex organ of another person without consent of the victim
- rape of a spouse is crime now in all state
statutory rape: all intercourse by an adult (one over 17 or 18) with a person under the age is wrong because they can’t give genuine consent
- age of consent varies from state to state
Regulating Sex Between Consenting Adults
same-gender sex = sodomy
- the supreme court said same-gender sex is legal in Lawrence v. Texas (2003)
fornification = sex between 2 unmarried people
adultery = at least one of the people is married to someone else
Miscegenation = interracial marriage
- Supreme Court legalized this in Loving v. Virginia (1967)
Enforcing Community Standards of Good Taste `
exhibitionism: exposing someone’s genitals, lewd behavior, public nudity (all illegal)
Voyerism = watching other ppl engage in sexual activity
Right to Privacy
Griswald v. Connecticut: 1965
- struck down a law that prevented married couples from using contraception
Eisenstdat v. Baird (1972): now said that unmarried people can also use contraception
Roe v. Wade (1973): abortion, overturned in 2022
Bowers v. Hardwick (1986): upheld Georgia’s sodomy law – said that the Constitution doesn’t grant a fundamental right to engage in homosexual sex
Lawrence v. Texas (2003): overturned Bowers v. Hardwick and struck down Texas’ sodomy law and similar laws nationwide
***all cases were argued under the right to privacy
Equal Protection
all citizens have the right to equal protection under the law
- the equal protection clause is in the 14th amendment
Romer V. Evans
colorado law prohibited laws banning discrimination against LGBs
- Supreme Court overturned the law and said that it violated the Equal Protection Clause in the 14th Amendment (bc it singled out a group and denied them equal rights)
14th Amendment
- all ppl born or naturalized in the US are citizens of the US
- no state can make any law that limits the privillages of a US citizen
- no state can deprive anyone of life, liberty, or the pursuit of happiness without due process
- can’t deny anyone equal protection under the law
2015 Supreme Court: Gay Marriage
they bundled together 4 cases from states that banned gay marriage
Obergefell v. Hodges: 2015
- Supreme Court ruled in favor of marriage equality (legalized same-sex marriage)
argument: equal protection clause
Victimless Crimes
- same gender sexuality
- prostitution
- porn
*when there’s no victim, so why should it be a crime?
Freedom of Expression
1st amendment: freedom of expression…
- is there a limit to freedom of expression?
US v. Roth (1957): established that obscenity isn’t protected under the 1st amendment, but not all sexual material is obscene
- this created the Roth test
- obscenity = appealing to prurient (encouraging sexual interest) interest
Miller v. California
redefined obscenity with the “Miller Test”
- community standards, obviously offensive, lacks serious political or artistic value
Child Online Protection Act
Congress passed this in 1998
- made it illegal to distribute on the internet indecent material that a child might access
Ashcroft v. American Civil Liberties Union: Supreme Court ruled it unconstitutional
Roe V. Wade Video
- over ruling roe allows the states what to do on abortion
- the court’s decision in the Dobbs case upheld Mississippi’s law that bans abortion at 15 weeks
Roe v. Wade: Roe sued Henry Wade (gov. of Texas)
- result: women could get an abortion in first trimester
- states could regulate second trimester
- third trimester you have to protect the fetus
Planned Parenthood v. Casey:
- people had the right to an abortion until fetus viability (24 weeks)
Trigger Laws: passed these incase abortion was overturned (now abortion is illegal in those states)
Abortion in Wisconsin
Wisconsin legislators try to prohibit abortion
- the current gov. supports abortion and so does the attorney general
Wisconsin in “Not Protected” Category:
- wisconsin currently allows abortion services
- no legal protections of abortion access
- abortion status is dependent on the court’s decision rather than affirmative protection under state law (abortion isn’t protected under state law)
Legal Issues With HIV/AIDS
- rights of the individual vs. the protection of the public
- who has the right to know if someone is HIV positive?
- is a person legally liable if they knowingly or unknowingly infect another person
Why are There Sex Laws?
sex legislation is old (dates back to the Hebrew Bible)
- many think sex is a private matter
- most societies regulate sexual behavior
- the idea is that we have sex laws so we can keep the family together
- in the US, constitution separates church and state so that we don’t have one religious group enfocing their laws on us
- but a lot of laws come from the Judeo-Christian religion
Criminal Commercial Sex
- the law says it’s illegal to make money from sex in most situations
- prostitution is illegal (except in Nevada)
- this law also forbids laws similar to prostitution like pandering
- sugar babies and sugar daddies aren’t considered prostitutes under the law
-
Bockstock v. Clayton
supreme court case
- involved employees who had been fired for being gay or trans
- the court ruled that employers who fire people only on the basis for being gay or trans violate Title 7 (employers can’t discriminate on the basis of sex)
- in this decision, the court extended Title 7 to mean discrimination on the basis of sexual orientation and gender (including trans status)
“Don’t Ask, Don’t Tell”
allowed gays and lesbians to serve in the military as long as they didn’t openly say their sexual orientation
Same-Sex Marriage
until 2015, gay ppl couldn’t get married
- recognizing marriage as legal is important bc married couples get benefits
Hollingsworth v. Perry (Supreme court case 2013):
- court didn’t make a definitive ruiling on same-sex marriage
Sex Law Enforcement
- sex laws are enforced inconsistently
-many ppl want reform for sex laws because they’re inconsistent
arrest practices for commerical sex workers isn’t fair:
- arrests are more likely if the sex worker is a woman, person of color, immigrant, or poor
entrapment: when an undercover police agent posing as a customer is there
- undercover agents have to create the crime to be able to arrest them (the sex worker has to do something — the officer might be fondled or undressed before an arrest is made)
Sex-Law Reform
American’s Law Institute reccomends decriminalizing many sexual behaviors that are outlawed
- they think that private sexual behavior isn’t the law’s business
- a state is more likely to reform sex laws if they’re reforming other laws too
- this is bc if politicians specifically reform sex laws, people will think they condone sex laws