Legal Opinion · Dissent

Boyd v. County of Henrico

Court of Appeals of Virginia

Decided June 10, 2003No. Record Nos. 0377-02-2, 0380-02-2, 0381-02-2Published

1DissentKelsey, J.

Statutes prohibiting public nudity are of “ancient origin” and “reflect moral disapproval of people appearing in the nude among strangers in public places.” Barnes v. Glen Theatre, Inc., 501 U.S. 560, 568, 111 S.Ct. 2456, 2461, 115 L.Ed.2d 504 (1991). Because the law is “constantly based on notions of *19morality,” id. at 569, 111 S.Ct. at 2462 (quoting Bowers v. Hardwick, 478 U.S. 186, 196, 106 S.Ct. 2841, 2846, 92 L.Ed.2d 140 (1986)), courts should not invalidate a law “representing essentially moral choices,” id., unless it contravenes clearly defined constitutional boundaries. No such…

2Cases cited52 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. United States v. O'BrienSupreme Court of the United States · 1968
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Ward v. Rock Against RacismSupreme Court of the United States · 1989

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