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Title: is marital rape a constitutionally protected right accd. to this language? Post by: © tweed on May 14, 2011, 12:42:55 AM Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? The [p486] very idea is repulsive to the notions of privacy surrounding the marriage relationship.
We deal with a right of privacy older than the Bill of Rights -- older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions. Title: Re: is marital rape a constitutionally protected right accd. to this language? Post by: The Mikado on May 14, 2011, 02:32:54 AM I'm not sure that existed marital rape existed as a legal concept in Griswold's time (though it of course existed as a reality). That said, I don't think it does mean that any more than it means that spousal abuse or spousal homicide are protected in the sacred grounds of the marital bedroom. There's a significant difference between ridiculous and unenforceable victimless crimes like the Connecticut absurd ban on marital couples using contraceptives, or, in a more recent example of the rhetoric of privacy of bedroom relations, Lawrence v. Texas, and what you're talking about.
Title: Re: is marital rape a constitutionally protected right accd. to this language? Post by: J. J. on May 16, 2011, 12:34:43 AM Pennsylvania didn't admit the possibility of marital rape until 1982-83. Ironically, I was reading the Nibelungenlied at the time.
Title: Re: is marital rape a constitutionally protected right accd. to this language? Post by: John Dibble on May 17, 2011, 09:15:00 AM No, of course not. The privacy in question here is meant to refer to the privacy between two consenting adults - in the case of marital rape the victim would have the lawful right to allow law enforcement into the bedroom to collect evidence and have a medical examiner look at her body to document physical evidence of the abuse.
Title: Re: is marital rape a constitutionally protected right accd. to this language? Post by: Badger on May 18, 2011, 01:29:34 AM Pennsylvania didn't admit the possibility of marital rape until 1982-83. Ironically, I was reading the Nibelungenlied at the time. I remember. Then governor, later US Atty Gen. Dick Thornburgh, opposed the reform in that it might prompt "frivolous" rape claims. ::) |