In support of the contention that Section 288(a) is a valid exercise of its police power, the government has advanced certain interests, e.g., the Protection of the young from sexual assault, the protection of public decency, and the prevention of the spread of venereal disease, which, if achieved by the statute, would tend to promote public health, safety, morals and welfare. It is the purpose of this Article to determine whether these legitimate and substantial interests are of such a compelling nature as to justify the governmental infringement upon an individual's fundamental right to privacy as protected by the penumbra of specific guarantees of the First, Third, Fourth, Fifth and Ninth Amendments as incorporated in the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In addition to, and in light of, recent judicial expressions of opinions concerning separate and distinct constitutional issues, this Article will additionally explore the merits of the contention that Section 288(a), since it is based largely on Judeo-Christian principles of morality, is in violation of the Establishment-of-Religion Clause of the First Amendment of the United States Constitution.
Robert A. Iglow,
Oral Copulation: A Constitutional Curtain Must Be Drawn,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol11/iss2/12