Delaware
How Bowers v. Hardwick applies in Delaware: state-specific rules, key cases, and bar exam notes for Constitutional Law (Substantive Due Process/Privacy).
Delaware has historically followed federal constitutional principles, but it has also recognized the importance of personal privacy in various contexts. Over time, Delaware courts have evolved towards a broader understanding of individual rights, particularly regarding intimate relationships and sexual conduct.
The application of substantive due process in Delaware adheres to the notion that individuals have a right to privacy in intimate relationships, informed by evolving societal norms and judicial interpretations.
The court recognized an implied right to privacy, emphasizing that government actions infringing on personal and family relationships warrant strict scrutiny.
This case reinforced the notion that privacy extends to private conduct among consensual adults, steering away from restrictive interpretations.
The Delaware Supreme Court clarified that the state must have a compelling interest to regulate private conduct, marking a shift towards protecting individual rights.
Delaware’s approach diverges from Bowers v. Hardwick by emphasizing a more protective stance on personal privacy even in the face of state interests. While Bowers upheld state laws criminalizing sodomy, Delaware courts have moved towards recognizing the rights of individuals to engage in private consensual conduct.
Questions on Delaware's constitutional law may specifically address the state's evolving stance on substantive due process and privacy, particularly in relation to personal relationships.