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| |-+  Constitution and Law (Moderator: True Federalist)
| | |-+  is marital rape a constitutionally protected right accd. to this language?
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Question: see below. majority decision in Griswold v CT
yes   -2 (16.7%)
no   -10 (83.3%)
other (explain)   -0 (0%)
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Author Topic: is marital rape a constitutionally protected right accd. to this language?  (Read 769 times)
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Miamiu1027
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« on: May 14, 2011, 12:42:55 am »
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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.
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“They cheated us again and again, made decisions behind our back, presenting us with completed facts. That’s the way it was with the expansion of NATO in the East, with the deployment of military infrastructure at our borders. They always told us the same thing: 'Well, this doesn't concern you.'" -Vladimir Putin
The Mikado
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« Reply #1 on: May 14, 2011, 02:32:54 am »
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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.
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Snowstalker   mikado is content with only questions
23:03   Snowstalker   questions never helped anyone
23:03   Snowstalker   only answers
J. J.
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« Reply #2 on: May 16, 2011, 12:34:43 am »
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Pennsylvania didn't admit the possibility of marital rape until 1982-83.  Ironically, I was reading the Nibelungenlied at the time.
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J. J.

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IDS Judicial Overlord John Dibble
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« Reply #3 on: May 17, 2011, 09:15:00 am »
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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.
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Badger
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« Reply #4 on: May 18, 2011, 01:29:34 am »
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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. Roll Eyes
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Your self-serving slacktivism is propelling America to new heights.
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