Martin v. Ziherl

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Martin v. Ziherl was a significant legal case in the Commonwealth of Virginia that addressed the constitutionality of the state's fornication law under the Fourteenth Amendment to the United States Constitution. The case, decided on January 14, 2005, by the Supreme Court of Virginia, ultimately struck down Virginia's law against fornication, which made consensual sexual intercourse between unmarried persons a criminal offense.

Background

The case originated when Michelle Martin, the plaintiff, filed a lawsuit against Matthew Ziherl, the defendant, seeking damages for emotional distress resulting from a sexually transmitted disease she claimed to have contracted from Ziherl during their consensual sexual relationship. Martin argued that because the fornication law criminalized their sexual relationship, Ziherl's actions constituted an unlawful act, thus supporting her claim for damages.

Legal Proceedings

The trial court initially dismissed Martin's lawsuit, holding that she could not claim damages for an injury resulting from her own criminal conduct, citing the fornication law. Martin appealed the decision, and the case eventually reached the Supreme Court of Virginia.

Opinion of the Court

The Supreme Court of Virginia, in a landmark decision, ruled in favor of Martin. The court found that the fornication law was unconstitutional as it violated the due process clause of the Fourteenth Amendment. The court's reasoning was influenced by the United States Supreme Court's decision in Lawrence v. Texas, which invalidated sodomy laws across the country and affirmed the rights of adults to engage in private consensual sexual activities.

The court held that the fornication law infringed upon the personal liberties of adults to engage in consensual sexual intercourse, a private conduct that was protected by the due process clause of the Fourteenth Amendment. Therefore, the law could not be used as a basis to deny Martin's claim for damages.

Impact

The decision in Martin v. Ziherl had a profound impact on the legal landscape regarding sexual privacy and consensual sexual activities among adults in Virginia. By striking down the fornication law, the court affirmed the privacy rights of individuals and further aligned Virginia's legal stance with the principles established in Lawrence v. Texas.

See Also

• Fourteenth Amendment to the United States Constitution
• Lawrence v. Texas
• Supreme Court of Virginia
• Privacy rights in the United States