Martin v. Ziherl
2005 Supreme Court of Virginia case / From Wikipedia, the free encyclopedia
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Martin v. Ziherl, 607 S.E.2d 367 (Va. 2005), was a decision by the Supreme Court of Virginia holding that the Virginia criminal law against fornication (sexual acts between unmarried people) was unconstitutional. The court's decision followed the 2003 ruling of the U.S. Supreme Court in Lawrence v. Texas, which established the constitutionally-protected right of adults to engage in private, consensual sex.
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Quick Facts Martin v. Ziherl, Court ...
Martin v. Ziherl | |
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Court | Supreme Court of Virginia |
Full case name | Muguet S. Martin v. Kristopher Joseph Ziherl |
Decided | January 14, 2005 |
Citation(s) | 269 Va. 35; 607 S.E.2d 367; 2005 Va. LEXIS 7 |
Case history | |
Prior action(s) | Demurrer sustained, Richmond Circuit Court |
Holding | |
Plaintiff's lawsuit for the intentional transmission of herpes was not barred by the judicial rule against recovering for injuries suffered while engaging in illegal conduct, because Virginia's criminal prohibition against sexual intercourse between unmarried individuals violated the Fourteenth Amendment to the U.S. Constitution. Richmond Circuit Court reversed and remanded. | |
Court membership | |
Chief judge | Leroy Rountree Hassell, Sr. |
Associate judges | Lawrence L. Koontz, Jr., Cynthia D. Kinser, Donald W. Lemons, Elizabeth B. Lacy, Barbara Milano Keenan, G. Steven Agee |
Case opinions | |
Majority | Lacy, joined by Koontz, Kinser, Lemons, Keenan, Agee |
Concurrence | Hassell |
Laws applied | |
U.S. Const. amend. XIV; Va. Code § 18.2-344 |
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