People v. Uplinger

58 N.Y.2d 936 (1983)

The New York Court of Appeals held unconstitutional the criminal prohibition on loitering “in a public place for the purpose of engaging, or soliciting another person to engage, in deviate sexual intercourse or other sexual behavior of a deviate nature.” The Court viewed this case as a companion to the consensual sodomy statute it had previously struck in Onofre.

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People v. Rice

41 N.Y.2d 1018 (1977)

Though the issue was non-reviewable, attorney E. Carrington Boggan raised “novel and difficult constitutional questions . . . of conduct traditionally treated as criminal and yet, when committed privately and circumspectly, suggestive of an unwarranted interference by the State with the lately recognized and inchoate ‘penumbral’ right of privacy.”

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Lawrence v. Texas

539 U.S. 558 (2003)

The U.S. Supreme Court overturned its 1986’s Bowers v. Hardwick decision and ruled that “[t]he state cannot demean their [homosexuals’] existence or control their destiny by making their private sexual conduct a crime.”

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