Standhardt v. Superior Court

OPINION

TIMMER, Presiding Judge.

¶ 1 Recently, in Lawrence v. Texas, 539 U.S. 558, -, 123 S.Ct. 2472, 2484, 156 L.Ed.2d 508 (2003), the United States Supreme Court struck a Texas statute that prohibited certain sexual activity between persons of the same sex. The Court reasoned that the statute impermissibly infringed on homosexuals’ liberty interest under the Due Process Clause of the Fourteenth Amendment to the United States Constitution to engage in private, consensual sexual activity without state intervention. Id.

¶ 2 In the wake of Lawrence, we are asked to declare that Arizona’s…