The Oyez Project: Rehnquist: Privacy and Personal Autonomy Arguments

Barnes v. Glen Theatre Inc. (Oral Argument), Part 1 of 3

Tue, 08 Jan 1991 12:00:00 -0500

Glen Theatre and the Kitty Kat Lounge in South Bend, Indiana, operated entertainment establishments with totally nude dancers. An Indiana law regulating public nudity required dancers to wear "pasties" and a "G-string" when they perform. The Theatre and Lounge sued to stop enforcement of the statute.

Barnes v. Glen Theatre Inc. (Oral Argument), Part 2 of 3

Tue, 08 Jan 1991 12:00:00 -0500

Oral Argument, continued.

Barnes v. Glen Theatre Inc. (Oral Argument), Part 3 of 3

Tue, 08 Jan 1991 12:00:00 -0500

Oral Argument, continued.

Boy Scouts of America v. Dale (Oral Argument), Part 1 of 3

Wed, 26 Apr 2000 12:00:00 -0500

The Boy Scouts of America revoked former Eagle Scout and assistant scoutmaster James Dale's adult membership when the organization discovered that Dale was a homosexual and a gay rights activist. In 1992, Dale filed suit against the Boy Scouts, alleging that the Boy Scouts had violated the New Jersey statute prohibiting discrimination on the basis of sexual orientation in places of public accommodation. The Boy Scouts, a private, not-for-profit organization, asserted that homosexual conduct was inconsistent with the values it was attempting to instill in young people. The New Jersey Superior Court held that New Jersey's public accommodations law was inapplicable because the Boy Scouts was not a place of public accommodation. The court also concluded that the Boy Scouts' First Amendment freedom of expressive association prevented the government from forcing the Boy Scouts to accept Dale as an adult leader. The court's Appellate Division held that New Jersey's public accommodations law applied to the Boy Scouts because of its broad-based membership solicitation and its connections with various public entities, and that the Boy Scouts violated it by revoking Dale's membership based on his homosexuality. The court rejected the Boy Scouts' federal constitutional claims. The New Jersey Supreme Court affirmed. The court held that application of New Jersey's public accommodations law did not violate the Boy Scouts' First Amendment right of expressive association because Dale's inclusion would not significantly affect members' abilities to carry out their purpose. Furthermore, the court concluded that reinstating Dale did not compel the Boy Scouts to express any message.

Boy Scouts of America v. Dale (Oral Argument), Part 2 of 3

Wed, 26 Apr 2000 12:00:00 -0500

Oral Argument, continued.

Boy Scouts of America v. Dale (Oral Argument), Part 3 of 3

Wed, 26 Apr 2000 12:00:00 -0500

Oral Argument, continued.

Cruzan v. Director, Missouri Dept. of Health (Oral Argument), Part 1 of 4

Wed, 06 Dec 1989 12:00:00 -0500

In 1983, Nancy Beth Cruzan was involved in an automobile accident which left her in a "persistent vegetative state." She was sustained for several weeks by artificial feedings through an implanted gastronomy tube. When Cruzan's parents attempted to terminate the life-support system, state hospital officials refused to do so without court approval. The Missouri Supreme Court ruled in favor of the state's policy over Cruzan's right to refuse treatment.

Cruzan v. Director, Missouri Dept. of Health (Oral Argument), Part 2 of 4

Wed, 06 Dec 1989 12:00:00 -0500

Oral Argument, continued.

Cruzan v. Director, Missouri Dept. of Health (Oral Argument), Part 3 of 4

Wed, 06 Dec 1989 12:00:00 -0500

Oral Argument, continued.

Cruzan v. Director, Missouri Dept. of Health (Oral Argument), Part 4 of 4

Wed, 06 Dec 1989 12:00:00 -0500

Oral Argument, continued.

Lawrence and Garner v. Texas (Oral Argument), Part 1 of 3

Wed, 26 Mar 2003 12:00:00 -0500

Responding to a reported weapons disturbance in a private residence, Houston police entered John Lawrence's apartment and saw him and another adult man, Tyron Garner, engaging in a private, consensual sexual act. Lawrence and Garner were arrested and convicted of deviate sexual intercourse in violation of a Texas statute forbidding two persons of the same sex to engage in certain intimate sexual conduct. In affirming, the State Court of Appeals held that the statute was not unconstitutional under the Due Process Clause of the Fourteenth Amendment, with Bowers v. Hardwick, 478 U.S. 186 (1986), controlling.

Lawrence and Garner v. Texas (Oral Argument), Part 2 of 3

Wed, 26 Mar 2003 12:00:00 -0500

Oral Argument, continued.

Lawrence and Garner v. Texas (Oral Argument), Part 3 of 3

Wed, 26 Mar 2003 12:00:00 -0500

Oral Argument, continued.

Planned Parenthood v. Casey (Oral Argument), Part 1 of 4

Wed, 22 Apr 1992 12:00:00 -0500

The Pennsylvania legislature amended its abortion control law in 1988 and 1989. Among the new provisions, the law required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent (the law allows for a judicial bypass procedure). A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus. These provisions were challenged by several abortion clinics and physicians. A federal appeals court upheld all the provisions except for the husband notification requirement.

Planned Parenthood v. Casey (Oral Argument), Part 2 of 4

Wed, 22 Apr 1992 12:00:00 -0500

Oral Argument, continued.

Planned Parenthood v. Casey (Oral Argument), Part 3 of 4

Wed, 22 Apr 1992 12:00:00 -0500

Oral Argument, continued.

Planned Parenthood v. Casey (Oral Argument), Part 4 of 4

Wed, 22 Apr 1992 12:00:00 -0500

Oral Argument, continued.

Stenberg v. Carhart (Oral Argument), Part 1 of 3

Tue, 25 Apr 2000 12:00:00 -0500

A Nebraska law prohibited any "partial birth abortion" unless that procedure was necessary to save the mother's life. It defined "partial birth abortion" as a procedure in which the doctor "partially delivers vaginally a living unborn child before killing the... child," and defined the latter phrase to mean "intentionally delivering into the vagina a living unborn child, or a substantial portion thereof, for the purpose of performing a procedure that the [abortionist] knows will kill the... child and does kill the... child." Violation of the law is a felony, and it provides for the automatic revocation of a convicted doctor's state license to practice medicine. Leroy Carhart, a Nebraska physician who performs abortions in a clinical setting, brought suit seeking a declaration that the statute violates the U.S. Constitution, claiming the law was unconstitutionally vague and placed an undue burden on himself and female patients seeking abortions. The District Court held the statute unconstitutional. The Court of Appeals affirmed.

Stenberg v. Carhart (Oral Argument), Part 2 of 3

Tue, 25 Apr 2000 12:00:00 -0500

Oral Argument, continued.

Stenberg v. Carhart (Oral Argument), Part 3 of 3

Tue, 25 Apr 2000 12:00:00 -0500

Oral Argument, continued.

Troxel v. Granville (Oral Argument), Part 1 of 3

Wed, 12 Jan 2000 12:00:00 -0500

During Tommie Granville and Brad Troxel's relationship, which ended in 1991, they had two daughters. Until Brad's suicide in 1993, Brad's parents Jenifer and Gary Troxel, the paternal grandparents, had regularly seen their granddaughters on weekends. However, after Brad's suicide, Granville informed the Troxels that she wished to reduced their visitation time to one short visit per month. The Troxels filed suit for the right to visit their grandchildren, under section 26.10.160(3) of the Revised Code of Washington, which permits "any person" to petition for visitation rights "at any time" and authorizes state superior courts to grant such rights whenever visitation may serve a child's best interest. Granville did not oppose the petition outright but did oppose the amount of visitation time sought by the Troxels. Subsequently, a Washington Superior Court ordered more visitation than Granville desired. On appeal, the Washington Court of Appeals reversed that decision, holding that non-parents lacked standing to sue under the statute. In affirming, the Washington Supreme Court ruled that the statute unconstitutionally interfered with parents' right to rear their children.

Troxel v. Granville (Oral Argument), Part 2 of 3

Wed, 12 Jan 2000 12:00:00 -0500

Oral Argument, continued.

Troxel v. Granville (Oral Argument), Part 3 of 3

Wed, 12 Jan 2000 12:00:00 -0500

Oral Argument, continued.

Vacco v. Quill (Oral Argument), Part 1 of 3