CRM/LAW C113 Lecture Notes - Lecture 14: Anthony Kennedy, Antonin Scalia, Due Process
27 Nov 2018
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Not a marriage case -> regarding whether police could enter private home & arrested two men engaged in consensual sexual relations & arrest them because they are the same sex. Justice kennedy (author of majority decision) was also the author of some of the marriage cases. Reasoning has to do with the due process clause. Has a substantive, not just procedural component, in order to give life to the meaning of liberty . *court honors the private sphere & autonomy of the individual -> there is a divide between individual citizens & the government. Justice kennedy was generally economically conservative but socially libertarian. Can engage in sexual conduct without government involvement. Just because constitution does not specifically cover the issue -> included in the concept of liberty. The right to privacy reproduction & contraception. Doma -> unconstitutional because violates liberty principle. Treating an entire class of people unequally & denies liberty. Reasoning from lawrence v. texas used in this case.
