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GAY & LESBIAN ADVOCATES & DEFENDERS v. ATTORNEY GENERAL

436 Mass. 132 (2002)

GAY & LESBIAN ADVOCATES & DEFENDERS & others v. ATTORNEY GENERAL & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 21, 2002.

Attorney(s) appearing for the Case

Jennifer L. Levi (Scott D. Pomfret with her) for the plaintiffs.

James J. Arguin, Assistant Attorney General (Pamela L. Hunt, Assistant Attorney General, with him) for the defendants.

The following submitted briefs for amici curiae:

Peter F. Zupcofska & Daniel J. Jackson for Massachusetts Psychological Association & others.

William N. Eskridge, Jr., of Connecticut, for Massachusetts Lesbian & Gay Bar Association & others.

Jack T. Fredyma, pro se.

Sarah R. Wunsch, David Plotkin, Carlynn Magliano, & Erica Templeton for American Civil Liberties Union of Massachusetts.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

IRELAND, J.

The plaintiffs challenge two provisions of the Commonwealth's "Crimes against Chastity, Morality, Decency and Good Order," which prohibit the "abominable and detestable crime against nature," G. L. c. 272, § 34, and "any unnatural and lascivious act with another person," G. L. c. 272, § 35.3 They claim that these laws violate the rights to privacy, equality, free expression, and freedom from cruel or unusual punishment...

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