Harm Principle and Privacy Rights Quiz

Harm Principle and State Intervention

• John Stuart Mill's harm principle dictates intervention only when preventing harm to others.
• Lawrence v. Texas utilized this principle, arguing sodomy is a private act not harming others.
• Natural law advocates for significant state intervention to uphold moral order.
• Bentham opposed natural law, emphasizing utility, pleasure, and happiness as the driving forces behind human actions.
• Bentham argued that sodomy laws should be repealed as they harm individuals and lack social benefit.
• The goal of laws should be maximizing societal utility.
• Hobbes believed the state's role is primarily protection, not individual betterment.
• Sanger aimed to utilize Mill and Bentham's principles in planned parenthood.

Privacy Rights and Constitutional Interpretations

• Griswold v. Connecticut and Roe v. Wade established the constitutional right to privacy, based on the "penumbras" implied within the Bill of Rights.
• The Ninth Amendment acknowledges rights not explicitly listed in the Constitution.
• Eisenstadt v. Baird broadened privacy rights from marriage to individuals.
• Several cases relied on the precedent of earlier rulings (Roe v. Wade, Planned Parenthood v. Casey, Lawrence v. Texas, Obergefell v. Hodges).
• Bowers v. Hardwick initially upheld anti-sodomy laws, later overturned by Lawrence v. Texas.
• Romer v. Evans challenged laws targeting LGBTQ+ individuals, using "animus doctrine" (hostile intent). Scholars contested interpretations of the ability for laws based on traditional beliefs.
• Modern reconciliation separates sexual identity from sexual conduct.

Gender and Sexuality

• Gender absolutism views gender as a fixed binary, contrasted by gender performative theory which sees it as socially constructed.
• Free market approaches treat sex work as legitimate commerce, emphasizing rational choice and societal well-being of inclusive policies.
• Posner argues state regulation should focus on preventing harm (like sex trafficking) and improving efficiency.
• Nordic models criminalize clients while decriminalizing sex workers.
• McKinnon's work critiques sexuality as male-dominated, with women devoid of agency, a viewpoint criticized for reductionism.
• Reed v. Reed, Frontiero v. Richardson, and Weinberger v. Wiesenfeld were early cases challenging sex discrimination in the legal system.
• Pauli Murray connected sex discrimination to the "Jane Crow" framework.
• The feminine mystique explores the discontent experienced by women adhering to expectations of the suburban housewife image.
• Post-liberal approaches recognize and account for differences between genders.

Intersectionality and Power Dynamics

• Intersectionality recognizes the interplay of race, class, sexuality, and gender in the legal and social landscape.
• Critical Race Theory examines race and law, challenging a perceived white feminist perspective.
• Biopower, as conceptualized by Michel Foucault, involves how governments regulate populations through political-biological interactions.
• Rubin's "charmed circle" describes socially constructed norms for heteronormative relationships.
• Abolitionist frameworks aim to dismantle oppressive systems rather than reform them.
• Double binds, such as pressures on LGBTQ+ individuals to conform, and simultaneously to hide their identity, create difficult circumstances.

Legal Frameworks and Scrutiny

• Legal frameworks vary from liberal approaches focusing on universal laws to post-liberal approaches acknowledging societal differences.
• Suspect classification, stemming from the Fourteenth Amendment, triggers heightened scrutiny in discriminatory laws.
• This was seen in cases like US v. Windsor (invalidating DOMA) and Boystock v. Clayton (heightened scrutiny for laws discriminating based on sexual orientation).
• Three levels of scrutiny exist in legal challenges: rational basis, intermediate scrutiny, and strict scrutiny.
• Overinclusive and underinclusive laws are contrasted conceptually.
• Expressive association recognizes and values the ability of marginalized groups to associate and organize, but it can also be applied to exclusion of specific groups.
• Double discrimination is a concept that addresses scenarios where bisexual individuals face discrimination from both heterosexual and LGBTQ+ communities.
• Subconscious sex refers to the deeply internalized sense of one's own sex or gender.
• DOMA (Defense of Marriage Act) defined marriage federally as between one man and one woman, allowing states to ignore same-sex marriages performed elsewhere.
• Goodridge v. Department of Public Health legalized same-sex marriage in Massachusetts through state court decision, acknowledging it as a fundamental right.
• Same-sex marriage challenges present the separation of church and state, concerns, and a "slippery slope" argument.
• Economic and legal harms result from the denial of same-sex marriage rights (healthcare, inheritance, parenting issues).

Dobbs v. Jackson and Subsequent Impacts

• Dobbs v. Jackson overturned Roe v. Wade, significantly narrowing the right to privacy.
• State responses to the Dobbs ruling varied widely, resulting in a patchwork of abortion laws across the US.
• The aftermath resulted in elevated surveillance, concerns about digital privacy, and provider dilemmas and a 'chilling effect' in conversations surrounding reproductive care.

Modern Issues and Debates

• Transgender minors and restroom access are complex and contested legal issues.
• The Masterpiece Cakeshop case highlights differing interpretations of free association vs. legal rights of LGBTQ+ individuals.

Test your knowledge on John Stuart Mill's harm principle, significant court cases like Lawrence v. Texas, and the constitutional right to privacy as established in Griswold v. Connecticut and Roe v. Wade. Explore the philosophical underpinnings of state intervention and individual rights through the perspectives of prominent thinkers such as Bentham and Hobbes.