United States v. Fagg

OPINION OF THE COURT

RIVES, Judge:

Today we recognize a constitutional zone of privacy for heterosexual, noncommercial, private acts of oral sex between consenting adults. Since that right to privacy is not outweighed by any compelling governmental interest under the facts of this case, we reverse the appellant’s sodomy conviction.

The appellant, Airman Scott P. Fagg, was 18 years old when he engaged in sexual acts with young women he was dating. Facing court-martial charges for some of those acts, he pleaded guilty to carnal knowledge with a 14-year-old and sodomy with a 16-year-old. He elected…