Date: Sun, 28 Jan 96 17:35:40 EST
From: aleonard@counsel.com (Arthur S Leonard -- New York Law School - New York )
Subject: Tennessee Victory



The Memphis Commercial Appeal of Jan. 27 reports that the
Tennessee Court of Appeals ruled unanimously on Friday that the
Tennessee law against homosexual sex violates the right of privacy
in the state constitution.  One judge partially dissented on
standing grounds of the plaintiffs, but indicated his agreement
with the other judges ont he merits.  This was a test case brought
on behalf of a group of lesbians and gay men by lead attorney Abby
Rubenfeld, a Nashville trial lawyer who is currently serving as
Chair of the ABA's SEction of Individual Rights and
Responsibilities and was formerly Legal Director of Lambda Legal
Defense & Education Fund.  (For you trivia fans, she is also the
sister of Pee Wee Herman, a/k/a Paul Rubens.)  Now it's up to the
state to decide whether to take the case to the state Supreme
Court.  This is very important, because the appeals court refused
to issue an injunction banning enforcement of the law.  According
to the article, the opinion by Judge W. Frank Crawford states: "We
conclude that our citizens' fundamental right to privacy ("the
right to be let alone") encompasses the right of the plaintiffs to
engage in consensual, private, non-commercial, sexual conduct,
because that activity `involv(es) intimate questions of personal
and family concern.'' "