By a 4-3 vote, the Arkansas Supreme Court Thursday ruled that high school teachers have a constitutional right to have sex with their students as long as the students are 18 and give their consent.
“The fundamental right to privacy implicit in our law protects all private, consensual, noncommercial acts of sexual intimacy between adults,” the court said, quoting from an earlier Arkansas case.
Preventing a teacher from having sex with a willing 18 year old student “infringes on [the teacher's] fundamental right to privacy,” the court ruled.
The opinion is posted on the Supreme Court’s website.
(Once you’re there, click on Paschal v. State).
This decision was written by Chief Justice Jim Hannah. Justices Paul E. Danielson, Donald L. Corbin and Courtney Hudson Goodson also voted to throw out Arkansas’ ban on high school teacher-student sex.
Upholding the statute were Justices Robert L. Brown, Jim Gunter and Karen Baker.
In his dissent, Brown described the majority’s analysis as “wrong…preposterous…”
The idea that high school teachers have a “constitutionally protected fundamental privacy right to have sexual contact with an 18-year-old student at the school where he teaches is absurd,” Justice Baker wrote.