Arizona
How Bowers v. Hardwick applies in Arizona: state-specific rules, key cases, and bar exam notes for Constitutional Law (Substantive Due Process/Privacy).
Arizona has generally upheld traditional interpretations of sexual privacy, reflecting a cautious approach influenced by Bowers v. Hardwick. However, developments after Bowers indicate a growing acceptance of sexual privacy rights in line with changing social views.
Arizona's courts have recognized that privacy interests in personal relationships, including homosexual conduct, warrant protection under the state constitution's due process clause, particularly against unwarranted government intrusion.
The Arizona Supreme Court invalidated a municipal ordinance prohibiting consensual homosexual conduct, emphasizing the fundamental right to privacy.
In considering the right to privacy, the court extended personal liberties regarding sexual behavior, albeit primarily focused on reproductive rights.
The court held that the right to engage in consensual sexual relations is a protected aspect of personal privacy.
While Bowers v. Hardwick upheld the jurisdiction of states to criminalize homosexual conduct, Arizona's recent approach has emphasized individual privacy rights that diverge from the traditional federal interpretation. Arizona courts have increasingly favored interpretations that align more with contemporary views of personal autonomy.
Bowers v. Hardwick is likely relevant in discussions of substantive due process and privacy rights, frequently appearing in bar exam questions addressing constitutional issues surrounding personal liberties.