Missouri
How Bowers v. Hardwick applies in Missouri: state-specific rules, key cases, and bar exam notes for Constitutional Law (Substantive Due Process/Privacy).
Missouri courts historically followed Bowers v. Hardwick in discussing the limits of privacy and substantive due process regarding sexual conduct. However, Missouri law has evolved, particularly following later rulings in favor of increased privacy rights.
The state rule in Missouri recognizes the right to privacy in personal choices but still operates under a framework that acknowledges the state’s interest in regulating sexual conduct, albeit with a more recent focus on individual rights.
The Missouri Supreme Court held that statutes criminalizing private sexual conduct between consenting adults violated the right to privacy.
The court found that individuals have a right to privacy in their personal relationships, which must be respected against state intrusions.
Relied on precedent to affirm that consensual conduct in private spaces is protected under Missouri's interpretation of substantive due process.
Missouri's approach reflects a shift from the Bowers standard, emphasizing individual privacy rights more strongly compared to the federal limit established in the now-overruled case. While Bowers upheld state sodomy laws, Missouri has moved towards less restrictive interpretations post-Lawrence v. Texas.
Understanding the evolution of privacy rights in Missouri is vital for the Missouri bar exam, particularly in questions regarding substantive due process and the balance between state interests and individual rights.