Lecture 6: Civil Liberties, cont

1
Lecture 6 Civil Liberties, contd

• Guns
• Abortion
• Gay Rights
• Right to Die

2
II Amendment

• A well regulated militia, being necessary to the
  security of a free state, the right of the people
  to keep and bear arms, shall not be infringed.
• Ct said in 1939 right to bear arms tied to
  existence of state militias
• inconsistent lower court rulings
• CA Assault Weapon ban
• SF proposition H

3
Abortion

• 1968-1972 dramatic rise in abortions in CA under
  Beilenson Bill
• Roe v Wade (1973)
• mother has right to choose through second
  trimester--point of viability outside the womb
• Chipping away Hyde Amendment
• undue burden waiting periods, parental consent
  
• 2005 CA rejects parental notification, previously
  rejected by CASC

4
Gay Rights--CA

• 1970s SF becomes most gay city in US, elects
  first openly gay man to public office
• 1978 Briggs Initiative banning gays from teaching
  in CA narrowly fails

5
Gay Rights--federal

• Bowers v Hardwick (1986)
• Georgia sodomy law upheld
• Lawrence v Texas (2003)
• Texas sodomy law overturned

6
Gay Marriage

• 2000 proposition 22 passes, stating that in CA
  marriage is between a man and a woman
• 2001, expanded 2005 CA legislature passes
  domestic partner law--giving most benefits of
  marriage
• 2004 CASC invalidates 1000s of same-sex marriages
  based on prop 22

7
Right to Privacy--right to die

• 1997 Ct No constitutional right to die--states
  may ban assisted suicide
• 2006 Ct Oregons Death with Dignity Act not in
  violation of a federal substance control law
• This November on CA ballot?