Sue Hartigan <[EMAIL PROTECTED]> writes:


Calif. Ban on Sex by Minors Upheld

>           SAN FRANCISCO (AP) -- While acknowledging that many
>           teens are sexually active, a state appeals court has
>           ruled that minors do not have a constitutional right to
>           have sex.
> 
>           The 1st District Court of Appeals ruled Thursday that a
>           state law making it a crime for minors to have sex with
>           each other doesn't violate their right to privacy.
> 
>           ``There are freedoms which adults enjoy which are
>           beyond those afforded minors, primarily because of age
>           and maturity,'' Justice Ignazio Ruvolo wrote in the 3-0
>           ruling.
> 
>           ``While they may have the ability to respond to
>           nature's call to exercise the gift of physical love,
>           juveniles may yet be unable to accept the attendant
>           obligations and responsibilities,'' the court said.
> 
>           A 16-year-old boy, arrested for having sex with a
>           14-year-old girl in 1996, had challenged the state's
>           statutory rape law, claiming his constitutional right
>           to privacy had been violated.
> 
>           The girl was charged with a misdemeanor and the boy was
>           placed on probation.
> 
>           Lawyers for the boy argued that the right to engage in
>           consensual sexual conduct is part of the fundamental
>           privacy rights of minors as well as adults.
> 
>           The teen's lawyers also argued that the ruling could
>           discourage other teen-agers from obtaining
>           contraception since they could be inviting criminal
>           investigation.


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